HAZARDOUS MATERIALS DISCLOSURE. The Premises and adjacent properties in the larger Middlefield-Xxxxx-Xxxxxxx area of Mountain View have been the subject of ongoing groundwater remediation efforts by Intel, Raytheon, NEC and other former tenants in the area under the direction of the EPA and the Regional Water Quality Control Board. In addition to their remediation efforts, the responsible parties have been conducting indoor and outdoor air and groundwater sampling in the area to assess the effectiveness of the remediation efforts and to assure the health and safety of occupants of properties in the area. All correspondence and information pertaining to the environmental status of the subject property and adjacent properties is available for review by Lessee and its consultants. Lessor shall indemnify, defend and hold Lessee harmless from and against all claims, suits, judgments, losses, costs, personal injuries, damages and expenses of every type and nature (“Claims”), directly or indirectly arising out of or in connection with any Hazardous Material present at any time on or about the Premises, or the violation of any environmental law relating to any such Hazardous Material except to the extent that any of the foregoing results from Hazardous Materials which come to exist on or about the Premises either (a) during the term of this Lease as may be extended, or (b) due to the wrongful acts or omissions of Lessee or Lessee’s officers, employees, agents, contractors or invitees. Notwithstanding the foregoing or anything to the contrary contained in this Lease, under no circumstance shall Lessee be liable for any losses, costs, claims, liabilities or damages (including attorneys’ and consultants’ fees) of any type or nature, directly or indirectly arising out of or in connection with any Hazardous Materials present at any time prior to or after the Commencement Date on or about the Premises or Building, or the surface or groundwater thereof, or for the violation of any Hazardous Materials Laws, except to the extent that any of the foregoing actually results from the release, storage, use or disposal of Hazardous Materials by Lessee, its agents, employees, contractors, sublessees or assignees in violation of applicable Hazardous Materials Laws. THIS LEASE HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY WHO WILL REVIEW THE DOCUMENT AND ASSIST YOU TO DETERMINE WHETHER YOUR LEGAL RIGHTS ARE ADEQUATELY PROTECTED. RENAULT & XXXXXXX IS NOT AUTHORIZED TO GIVE LEGAL AND TAX ADVICE. NO REPRESENTATI...
HAZARDOUS MATERIALS DISCLOSURE. Will any hazardous or toxic materials or substances be stored on the Premises? Yes No If the answer is “yes,” please describe the materials or substances to be stored, the quantities thereof and the proposed method of storage of the same (i.e., drums, aboveground or underground storage tanks, cylinders, other), and whether the material is a Solid (S), Liquid (L) or Gas (G): Attach additional sheets if necessary. Is any modification of the Premises improvements required or planned to mitigate the release of toxic or hazardous materials substance or wastes into the environment? Yes No If the answer is “yes,” please describe the proposed Premises modifications:
HAZARDOUS MATERIALS DISCLOSURE. Landlord has advised Tenant that there is asbestos-containing material (“ACM”) and lead paint in certain areas of the Building. A disclosure statement regarding ACM and lead paint in the Building is attached hereto as Exhibit I. Tenant acknowledges that such notice complies with the requirements of Section 25915 et seq. and Section 25359.7 of the California Health and Safety Code. As part of Tenant’s obligations under this Lease, Tenant agrees to comply with the California “Xxxxxxxx Act” and other applicable laws, including providing copies of Landlord’s notification letter to all of Tenant’s “employees” and “owners”, as those terms are defined in the Xxxxxxxx Act and other applicable laws.
HAZARDOUS MATERIALS DISCLOSURE. Xxxxxxxx has delivered to Tenant a copy of the most recent Phase I Environmental Site Assessment regarding the Project. Exhibit K attached hereto and incorporated by reference herein includes (i) a notice to Tenant regarding Hazardous Materials that Tenant acknowledges that such notice complies with the requirements of Section 25915 et seq. and Section 25359.7 of the California Health and Safety Code; and (ii) a list of all documents regarding the presence of Hazardous Materials provided to Tenant by Landlord; Tenant hereby acknowledges receipt of, and an opportunity to review, all such documents. As part of Tenant’s obligations under this Lease, Xxxxxx agrees to comply with the California “Xxxxxxxx Act” and other applicable laws, including providing copies of Landlord’s notification letter to all of Tenant’s “employees” and “owners”, as those terms are defined in the Xxxxxxxx Act and other applicable laws. Tenant is familiar with the Existing Environmental Conditions of the Project. Tenant acknowledges that Xxxxxxxx’s duty to remove, remediate, encapsulate or otherwise address Hazardous Materials shall be satisfied in full by Landlord’s compliance with any O&M plans regarding such Hazardous Materials provided that Landlord shall be responsible to take any action required to correct any violation of Requirements necessary to comply with the terms of any final order or judgment of any court or regulatory agency with jurisdiction over the matter provided that Landlord shall have the right to contest any such order or directive in good faith to the extent permitted by law.
HAZARDOUS MATERIALS DISCLOSURE. Pursuant to the regulations of Proposition 65, enacted by the voters of California, Owner hereby makes the following required disclosure: “Warning – The premises contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.”
HAZARDOUS MATERIALS DISCLOSURE. Will any hazardous or toxic materials or substances be stored onsite? Yes x No . If yes, please describe the materials or substances to be stored, quantities and proposed method of storage (i.e., drums, aboveground or underground storage tanks, cylinders, other), and whether the material is a Solid (S), Liquid (L) or Gas (G): Attach additional sheets if necessary. Is any facility modification required or planned to mitigate the release of toxic or hazardous substance or wastes into the environment? Yes No x. If yes, please describe the proposed facility modifications:
HAZARDOUS MATERIALS DISCLOSURE. Various construction materials may contain items that have been or may in the future be determined to be hazardous (toxic or undesirable and as such may need to be specifically treated, handled or removed. Current and prior uses of the Properties or the area may have subjected the Properties to hazardous or undesirable metals, minerals, chemicals, hydrocarbons or biological or radioactive items (including electric and magnetic fields) in soils, water, building components, above or below‐ground containers or elsewhere in areas that may or may not be accessible or noticeable. Such items may leak or otherwise be released. Neither Owner nor Agent(s) have expertise in the detection, abatement or correction of such hazardous materials. As current or future laws may require clean up by both previous and future owners and/or operators, an independent investigation by qualified professionals is required. Accepting Party is responsible to retain qualified professionals to detect and/or correct such conditions.
HAZARDOUS MATERIALS DISCLOSURE. Sublessee acknowledges that it has received a copy of the Phase I Environmental Assessment Report for the Premises prepared by E2C, Inc., dated March 2, 1996. Sublessee and its experts have had ample opportunity to review the report and Sublessee has satisfied itself as to the environmental conditions of the Premises and the Building and the suitability of such conditions for Sublessee's use. Notwithstanding anything to the contrary contained herein, and except as provided in Section 8.3, above, the terms of this Section 11.4 shall not negate, vitiate, modify or limit in any way Sublessor's representation in Section 8.1 (h), above, or the indemnification responsibility of Sublessor under Section 19.1, below.
HAZARDOUS MATERIALS DISCLOSURE. Simultaneously with Tenant’s execution of this Amendment, Tenant shall complete, execute and deliver to Landlord the Hazardous Materials Disclosure Certificate in the form attached hereto as Exhibit A.
HAZARDOUS MATERIALS DISCLOSURE. Tenant acknowledges that the property on which the Building is located has previously been used for agricultural purposes. Landlord is not aware of any other uses nor is Landlord aware of any releases of Hazardous Materials on or beneath the property - with the following exceptions:
(a) Over the years, various agricultural chemicals have been applied to the property. Residues of these chemicals may exist in the upper levels of the soil. Landlord anticipates that any such residues will decompose over time. The grading and development of the property will also reduce the potential for exposure. The risks associated with this previous agricultural chemical use on the property appear to be no greater than those associated with other similarly used properties in the area.
(b) The El Toro Marine Corps Air Station, which is located approximately one mile northeast of the Building, has had several releases of Hazardous Materials, many of which involved underground storage tanks. Contaminated ground water emanating from the Air Station may have migrated beneath portions of the property.
