Common use of Hazardous Materials and Sewage Prohibited Clause in Contracts

Hazardous Materials and Sewage Prohibited. Tenant hereby agrees that Tenant, its employees, agents, invitees, licensees, contractors or subtenants (if permitted), shall handle, store, dispose of and use any and all Hazardous Materials (as hereinafter defined) located on the Premises which are standard for Tenant’s intended use of the Premises in accordance with Environmental Requirements (as hereinafter defined). Except for such Hazardous Materials which are standard for or used in connection with the Intended Uses, Tenant shall at all times from and after the Effective Date keep the Premises free of Hazardous Materials. Neither Tenant nor any of its employees, agents, invitees, licensees, contractors or subtenants (if permitted) shall use, generate, manufacture, refine, treat, process, produce, store, deposit, handle, transport, release, or dispose of Hazardous Materials in, on or about the Premises or into the groundwater thereof, in violation of any federal, state or municipal law, decision, statute, rule, ordinance or regulation currently in existence or hereafter enacted or rendered. Tenant shall give Landlord prompt written notice of any claim received by Tenant from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises or the groundwater thereof. Landlord shall give Tenant prompt written notice of any claim received by Landlord from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises or the groundwater thereof. Commencing upon the Effective Date and continuing during the Term of this Lease, Tenant shall indemnify, defend and hold Landlord, its successors and assigns, and their respective directors, officers, employees and agents, harmless from and against any claims (including third party claims), demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, including reasonable attorneys’ fees, fees of environmental consultants and other experts and laboratory fees, contingent or otherwise, arising out of or in any way related to the following matters (except those following matters which shall result from the negligence or misconduct of Landlord, its successors and assigns and mortgagees, and their respective directors, officers, employees and agents or result from a contamination of the Premises after the Effective Date hereof by the migration, percolation diffusion or movement of Hazardous Materials from an off-site source onto the Premises as a result of the negligent, reckless or intentional acts of third parties): (i) the release, use, storage, treatment, transportation, transfer, manufacture, refinement, handling, production, disposal or threatened release of any Hazardous Materials, on, over, under, from or affecting the Premises or the air, soil, water vegetation, buildings, personal property, persons or animals thereon (collectively a “Release”); (ii) any personal injury (including wrongful death) or property damages (real or personal) arising out of or related to such Release; (iii) any lawsuit brought or threatened, settlement reached or governmental order relating to such Release; (iv) any violation of or liability pursuant to environmental laws which is based upon or in any way related to such Release; (v) any Pre-Existing Environmental Condition (as hereinafter defined); and/or (vi) the breach of any warranty, representation or covenant contained in this Section. The indemnity provided in this Section shall survive the termination of this Lease and is not limited or otherwise affected by Landlord’s knowledge of any matter. Tenant further agrees that Tenant shall be responsible, at its sole cost and expense, for all Corrective Action (as hereinafter defined) relative to: (i) any and all Hazardous Materials in soil, groundwater or surface water on or about the Premises in amounts, concentrations or levels that meet or exceed Environmental Requirements, first occurring during the Term of this Lease or during any period after any termination of this Lease during which Tenant continues occupancy of the Premises; and (ii) any Pre-Existing Environmental Condition.

Hazardous Materials and Sewage Prohibited. Tenant hereby agrees that Tenant, its employees, agents, invitees, licensees, contractors or subtenants (if permitted), shall handle, store, dispose of and use any and all Hazardous Materials (as hereinafter defined) located on the Premises which are standard for Tenant’s intended use of the Premises in accordance with Environmental Requirements (as hereinafter defined). Except for such Hazardous Materials which are standard for or used in connection with the Intended Usessuch uses, Tenant shall at all times from and after the Effective Date keep the Premises free of Hazardous Materials. Neither Tenant nor any of its employees, agents, invitees, licensees, contractors or subtenants (if permitted) shall use, generate, manufacture, refine, treat, process, produce, store, deposit, handle, transport, release, or dispose of Hazardous Materials in, on or about the Premises or into the groundwater thereof, in violation of any federal, state or municipal law, decision, statute, rule, ordinance or regulation currently in existence or hereafter enacted or rendered. Tenant shall give Landlord prompt written notice of any claim received by Tenant from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises or the groundwater thereof. Landlord shall give Tenant prompt written notice of any claim received by Landlord from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises or the groundwater thereof. Commencing upon the Effective Date and continuing during the Term of this Lease, Tenant shall indemnify, defend and hold Landlord, its successors and assigns, and their respective directors, officers, employees and agents, harmless from and against any claims (including third party claims), demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, including reasonable attorneys’ fees, fees of environmental consultants and other experts and laboratory fees, contingent or otherwise, arising out of or in any way related to the following matters (except those following matters which shall result from the negligence or misconduct of Landlord, its successors and assigns and mortgagees, and their respective directors, officers, employees and agents or result from a contamination of the Premises after the Effective Date hereof by the migration, percolation diffusion or movement of Hazardous Materials from an off-site source onto the Premises as a result of the negligent, reckless or intentional acts of third parties): matters: (i) the release, use, storage, treatment, transportation, transfer, manufacture, refinement, handling, production, disposal or threatened release of any Hazardous Materials, on, over, under, from or affecting the Premises or the air, soil, water vegetation, buildings, personal property, persons or animals thereon (collectively a “Release”); (ii) any personal injury (including wrongful death) or property damages (real or personal) arising out of or related to such Release; (iii) any lawsuit brought or threatened, settlement reached or governmental order relating to such Release; (iv) any violation of or liability pursuant to environmental laws which is based upon or in any way related to such Release; (v) any Pre-Existing Environmental Condition (as hereinafter defined); and/or (vi) the breach of any warranty, representation or covenant contained in this Section. The indemnity provided in this Section shall survive the expiration or termination of this Lease and is not limited or otherwise affected by Landlord’s knowledge of any matter. Tenant further agrees that Tenant shall be responsible, at its sole cost and expense, for all Corrective Action (as hereinafter defined) relative to: (ia) any and all Hazardous Materials in soil, groundwater or surface water on or about the Premises in amounts, concentrations or levels that meet or exceed Environmental Requirements, first occurring during the Term of this Lease or during any period after any termination of this Lease during which Tenant continues occupancy of the Premises; and (iib) any Pre-Existing Environmental Condition.

Hazardous Materials and Sewage Prohibited. Except as permitted by applicable law, Tenant hereby agrees that Tenant, its employees, agents, invitees, licensees, contractors or subtenants (if permitted), shall handle, store, dispose at all times during the Term of and use any and all this Lease keep the Premises free of Hazardous Materials (as hereinafter defined) located on the Premises which are standard for Tenant’s intended use of the Premises in accordance with Environmental Requirements (as hereinafter defined). Except for such Hazardous Materials which are standard for or used in connection with the Intended Uses, Tenant shall at all times from and after the Effective Date keep the Premises free of Hazardous Materials. Neither Tenant nor any of its employees, agents, invitees, licensees, contractors contractors, guests, or subtenants (if permitted) shall use, generate, manufacture, refine, treat, process, produce, store, deposit, handle, transport, release, or dispose of Hazardous Materials in, on or about the Premises or into the groundwater thereof, in violation of any federal, state or municipal law, decision, statute, rule, ordinance or regulation currently in existence or hereafter enacted or rendered. Tenant shall give Landlord prompt written notice of any claim received by Tenant from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises or the groundwater thereof. Landlord As used herein, the Term "Hazardous Materials" shall give Tenant prompt written notice mean and be defined as any and all toxic or hazardous substances, chemicals, materials or pollutants, of any claim received by Landlord from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises or the groundwater thereof. Commencing upon the Effective Date and continuing during the Term of this Lease, Tenant shall indemnify, defend and hold Landlord, its successors and assigns, and their respective directors, officers, employees and agents, harmless from and against any claims (including third party claims), demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known which are regulated, governed, restricted or unknownprohibited by any federal, including reasonable attorneys’ feesstate or local law, fees decision, statute, rule, or ordinance currently in existence or hereafter enacted or rendered, and shall include (without limitation), all oil, gasoline and petroleum based substances. Tenant shall not discharge or permit to be discharged into any septic facility or sanitary sewer system serving the Premises any toxic or hazardous sewage or waste other than that which permitted by applicable law or which is normal domestic waste water for the type of environmental consultants and other experts and laboratory feesbusiness contemplated by this Lease to be conducted by Tenant on, contingent in or otherwise, arising out of or in any way related to the following matters (except those following matters which shall result from the negligence Premises. Any toxic or misconduct of Landlord, its successors and assigns and mortgagees, and their respective directors, officers, employees and agents hazardous sewage or result from a contamination waste which is produced or generated in connection with the use or operation of the Premises after the Effective Date hereof by the migration, percolation diffusion or movement of Hazardous Materials from an off-site source onto the Premises as a result of the negligent, reckless or intentional acts of third parties): (i) the release, use, storage, treatment, transportation, transfer, manufacture, refinement, handling, production, disposal or threatened release of any Hazardous Materials, on, over, under, from or affecting the Premises or the air, soil, water vegetation, buildings, personal property, persons or animals thereon (collectively a “Release”); (ii) any personal injury (including wrongful death) or property damages (real or personal) arising out of or related to such Release; (iii) any lawsuit brought or threatened, settlement reached or governmental order relating to such Release; (iv) any violation of or liability pursuant to environmental laws which is based upon or in any way related to such Release; (v) any Pre-Existing Environmental Condition (as hereinafter defined); and/or (vi) the breach of any warranty, representation or covenant contained in this Section. The indemnity provided in this Section shall survive the termination of this Lease and is not limited or otherwise affected by Landlord’s knowledge of any matter. Tenant further agrees that Tenant shall be responsiblehandled and disposed of as required by and in compliance with all applicable local, at its sole cost state and expensefederal laws, for all Corrective Action (as hereinafter defined) relative to: (i) ordinances and rules or regulations or shall be pre- treated to the level of domestic wastewater prior to discharge into any and all Hazardous Materials in soil, groundwater septic facility or surface water on or about the Premises in amounts, concentrations or levels that meet or exceed Environmental Requirements, first occurring during the Term of this Lease or during any period after any termination of this Lease during which Tenant continues occupancy of sanitary sewer system serving the Premises; and (ii) any Pre-Existing Environmental Condition.

Hazardous Materials and Sewage Prohibited. Tenant hereby agrees that Tenant, its employees, agents, invitees, licensees, contractors or subtenants (if permitted), shall handle, store, dispose of and use any and all Hazardous Materials (as hereinafter defined) located on the Premises which are standard for Tenant’s intended use of the Premises in accordance with Environmental Requirements (as hereinafter defined). Except for such Hazardous Materials which are standard for or used in connection with the Intended Uses, Tenant shall must at all times from and after the Effective Date keep the Premises free of Hazardous Materials. Neither Tenant nor any of its employees, agents, invitees, licensees, contractors or subtenants (if permitted) shall will use, generate, manufacture, refine, treat, process, produce, store, deposit, handle, transport, release, or dispose of Hazardous Materials in, on or about the Premises or into the groundwater thereof, in violation of any federal, state or municipal law, decision, statute, rule, ordinance or regulation currently in existence or hereafter enacted or rendered. Tenant shall must give Landlord prompt written notice of any claim received by Tenant from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises or the groundwater thereof. Landlord shall must give Tenant prompt written notice of any claim received by Landlord from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises or the groundwater thereof. Commencing upon on the Effective Date and continuing during the Term of this Lease, Tenant shall will indemnify, defend and hold Landlord, its successors and assigns, and their respective directors, officers, employees and agents, harmless from and against any claims (including third third-party claims), demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, including reasonable attorneys’ fees, fees of environmental consultants and other experts and laboratory fees, contingent or otherwise, arising out of or in any way related to the following matters (except those following matters which shall result from the negligence or misconduct of Landlord, its successors and assigns and mortgagees, and their respective directors, officers, employees and agents or result from a contamination of the Premises after the Effective Date hereof of this Lease by the migration, percolation diffusion or movement of Hazardous Materials from an off-site source onto the Premises as a result of the negligent, reckless or intentional acts of third parties): (i) the release, use, storage, treatment, transportation, transfer, manufacture, refinement, handling, production, disposal or threatened release of any Hazardous Materials, on, over, under, from or affecting the Premises or the air, soil, water vegetation, buildings, personal property, persons or animals thereon (collectively a “Release”); (ii) any personal injury (including wrongful death) or property damages (real or personal) arising out of or related to such the Release; (iii) any lawsuit brought or threatened, settlement reached or governmental order relating to such the Release; (iv) any violation of or liability pursuant to environmental laws which is based upon on or in any way related to such the Release; (v) any Pre-Existing Environmental Condition (as hereinafter defineddefined below); and/or (vi) the breach of any warranty, representation or covenant contained in this Section. The indemnity provided in this Section shall will survive the termination of this Lease and is not limited or otherwise affected by LandlordXxxxxxxx’s knowledge of any matter. Tenant further agrees that Tenant shall will be responsible, at its sole cost and expense, for all Corrective Action (as hereinafter defineddefined below) relative to: (i) any and all Hazardous Materials in soil, groundwater or surface water on or about the Premises in amounts, concentrations or levels that meet or exceed Environmental Requirements, first occurring during the Term of this Lease or during any period after any termination of this Lease during which Tenant continues occupancy of the Premises; and (ii) any Pre-Existing Environmental Condition.

Hazardous Materials and Sewage Prohibited. Tenant hereby agrees that Tenant, its employees, agents, invitees, licensees, contractors or subtenants (if permitted), shall handle, store, dispose at all times during the term of and use any and all this Lease keep the premises free of Hazardous Materials (as hereinafter defined) located on the Premises which are standard for Tenant’s intended use of the Premises in accordance with Environmental Requirements (as hereinafter defined). Except for such Hazardous Materials which are standard for or used in connection with the Intended Uses, Tenant shall at all times from and after the Effective Date keep the Premises free of Hazardous Materials. Neither neither Tenant nor any of its employees, agents, invitees, licensees, contractors or subtenants (if permitted) shall use, generate, manufacture, refine, treat, process, produce, store, deposit, handle, transport, release, or dispose of Hazardous Materials in, on or about the Premises Premises, Office Complex or into Land, or the groundwater thereof, in violation of any federal, state or municipal law, decision, statute, rule, ordinance or regulation currently in existence or hereafter enacted or rendered. Tenant shall give Landlord prompt written notice of any claim received by Tenant from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on the Premises Premises, Office Complex or Land. As used herein, the groundwater thereofterm "Hazardous Materials" shall mean and be defined as any and all toxic or hazardous substances, chemicals, materials or pollutants, of any kind or nature, which are regulated, governed, restricted or prohibited by any federal, state or local law, decision, statute, rule, or ordinance currently in existence of hereafter enacted or rendered, except for materials used in the ordinary course of business, such as office cleaning supplies, copy machine fluid and the like, provided that same are maintained in accordance with all applicable laws. Landlord shall give hereby represents to Tenant prompt written notice that as of the date hereof, it is not aware of any claim received by Landlord from any person, entity, or governmental agency that a release or disposal of Hazardous Materials has occurred on located in the Premises or the groundwater thereofcommon areas of the Building to be utilized by the Tenant in violation of applicable law with respect to which Landlord has actual knowledge that it is required to remediate pursuant to applicable law. Commencing upon the Effective Date and continuing during the Term of this Lease, Tenant shall indemnify, defend and hold Landlord, its successors and assigns, and their respective directors, officers, employees and agents, harmless from and against not discharge into any claims (including third party claims), demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, including reasonable attorneys’ fees, fees of environmental consultants and other experts and laboratory fees, contingent or otherwise, arising out of or in any way related to the following matters (except those following matters which shall result from the negligence or misconduct of Landlord, its successors and assigns and mortgagees, and their respective directors, officers, employees and agents or result from a contamination of the Premises after the Effective Date hereof by the migration, percolation diffusion or movement of Hazardous Materials from an off-site source onto the Premises as a result of the negligent, reckless or intentional acts of third parties): (i) the release, use, storage, treatment, transportation, transfer, manufacture, refinement, handling, production, disposal or threatened release of any Hazardous Materials, on, over, under, from or affecting sanitary sewer system serving the Premises or the air, soil, water vegetation, buildings, personal property, persons Office Complex any toxic or animals thereon (collectively a “Release”); (ii) any personal injury (including wrongful death) hazardous sewage or property damages (real or personal) arising out of or related to such Release; (iii) any lawsuit brought or threatened, settlement reached or governmental order relating to such Release; (iv) any violation of or liability pursuant to environmental laws waste other than that which is based upon normal domestic waste water for the type of business contemplated by this Lease to be conducted by Tenant on, in or from the Premises. Any toxic or hazardous sewage or waste which is produced or generated by Tenant or in any way related to such Release; (v) any Pre-Existing Environmental Condition (as hereinafter defined); and/or (vi) connection with the breach operation of any warranty, representation or covenant contained in this Section. The indemnity provided in this Section shall survive the termination of this Lease and is not limited or otherwise affected by Landlord’s knowledge of any matter. Tenant further agrees that Tenant Tenant's business shall be responsiblehandled or disposed of as required by and in compliance with all applicable local, at its sole cost state and expensefederal laws, for all Corrective Action (as hereinafter defined) relative to: (i) ordinances and rules or regulations or shall be pre-treated to the level of domestic wastewater prior to discharge into any and all sanitary sewer system serving the Premises or the Office Complex. To the extent the presence of Hazardous Materials in soil, groundwater or surface water on or about the Premises or elsewhere in amountsthe Office Complex is not caused by, concentrations through or levels under Tenant, Landlord will remediate to the extent and in the manner Landlord is required to do so under applicable law (but Landlord retains the right to pursue any available remedies as against any third party that meet or exceed Environmental Requirementsmay be liable for such clean-up, first occurring during the Term of this Lease or during any period after any termination of this Lease during which Tenant continues occupancy of the Premises; removal and (ii) any Pre-Existing Environmental Conditiondisposal costs).