Hazardous Materials Generally Prohibited. Landlord represents that, to the actual knowledge of the Landlord’s Asset Manager for the Property, as of the date of this Lease, there are no Hazardous Materials on or affecting the Premises or common areas of the Property serving the Premises in violation of any environmental Laws. Except as provided herein, Tenant and Landlord shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release, discharge, spill or leak any “Hazardous Material” (as defined in Article 30), or permit their respective employees, agents, contractors, or other occupants of the Premises to engage in such activities on or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Property by Landlord, or the Premises by Tenant, of substances customarily and lawfully used by Landlord in operating the Property, or by Tenant in the business which Tenant is permitted to conduct in the Premises under this Lease, as an incidental and minor part of such business, and provided: (i) such substances shall be properly labeled, contained, used and stored only in small quantities reasonably necessary for such permitted use and the ordinary course of such business operations, in accordance with applicable Laws, prevailing standards, and the manufacturers’ instructions therefor, and as Landlord shall reasonably require (but no warning notices or symbols shall be placed, or required to be placed, on or near any door to or within the Premises or Property), (ii) such substances shall not be disposed of, released, discharged or permitted to spill or leak in or about the Premises or the Property (and under no circumstances shall any Hazardous Material be disposed of within the drains or plumbing facilities in or serving the Premises or Property or in any other public or private drain or sewer, regardless of quantity or concentration), (iii) if any applicable Law or Landlord’s trash removal contractor requires that any such substances be disposed of from the Premises separately from ordinary trash, Tenant shall make arrangements at Tenant’s expense for such disposal in approved containers directly with a qualified and licensed disposal company at a lawful disposal site, (iv) any remaining such substances shall be completely, properly and lawfully removed from the Property upon expiration or earlier termination of this Lease, and (v) for purposes of removal and disposal of any ...
Hazardous Materials Generally Prohibited. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release, discharge, spill or leak any “Hazardous Material” (as defined below), or permit Tenant’s employees, agents, contractors, or other occupants of the Premises to engage in such activities on or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily and lawfully used in the business which Tenant is permitted to conduct in the Premises under this Lease, but only as an incidental and minor part of such business, and provided: (i) such substances shall be properly labeled, contained, used and stored only in small quantities reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Laws, highest prevailing standards, and the manufacturers’ instructions therefor, and as Landlord shall reasonably require, (ii) Tenant shall provide Landlord with ten (10) days advance notice and current Material Safety Data Sheets (“MSDSs”) therefor, and Landlord reserves the right to prohibit or limit such substances in each such instance, (iii) such substances shall not be disposed of, released, discharged or permitted to spill or leak in or about the Premises or the
Hazardous Materials Generally Prohibited. EXCEPT AS PROVIDED HEREIN, TENANT SHALL NOT TRANSPORT, USE, STORE, MAINTAIN, GENERATE, MANUFACTURE, HANDLE, DISPOSE, RELEASE, DISCHARGE, SPILL OR LEAK ANY "HAZARDOUS MATERIAL" (AS DEFINED BELOW), OR PERMIT ITS EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER OCCUPANTS OF THE PREMISES TO ENGAGE IN SUCH ACTIVITIES ON OR ABOUT THE PREMISES, BUILDING OR LAND. HOWEVER, THE FOREGOING PROVISIONS SHALL NOT PROHIBIT THE TRANSPORTATION TO AND FROM, AND USE, STORAGE, MAINTENANCE AND HANDLING WITHIN THE PREMISES BY TENANT, OF SUBSTANCES CUSTOMARILY AND LAWFULLY USED BY TENANT IN THE BUSINESS WHICH TENANT IS PERMITTED TO CONDUCT IN THE PREMISES UNDER THIS LEASE, AS AN INCIDENTAL AND MINOR PART OF SUCH BUSINESS, AND PROVIDED: (I) SUCH SUBSTANCES SHALL BE PROPERLY LABELED, CONTAINED, USED AND STORED ONLY IN SMALL QUANTITIES REASONABLY NECESSARY FOR SUCH PERMITTED USE AND THE ORDINARY COURSE OF SUCH BUSINESS OPERATIONS, IN ACCORDANCE WITH APPLICABLE LAWS, PREVAILING STANDARDS, AND THE MANUFACTURERS' INSTRUCTIONS THEREFOR, AND AS LANDLORD SHALL REASONABLY REQUIRE (BUT NO WARNING NOTICES OR SYMBOLS SHALL BE PLACED, OR REQUIRED TO BE PLACED, ON OR NEAR ANY DOOR TO OR WITHIN THE PREMISES OR BUILDING); (II) SUCH SUBSTANCES SHALL NOT BE DISPOSED OF, RELEASED, DISCHARGED OR PERMITTED TO SPILL OR LEAK IN OR ABOUT THE PREMISES, THE LAND OR THE BUILDING (AND UNDER NO CIRCUMSTANCES SHALL ANY HAZARDOUS MATERIAL BE DISPOSED OF WITHIN THE DRAINS OR PLUMBING FACILITIES IN OR SERVING THE PREMISES OR BUILDING OR IN ANY OTHER PUBLIC OR PRIVATE DRAIN OR SEWER, REGARDLESS OF QUANTITY OR CONCENTRATION); (III) IF ANY APPLICABLE LAW OR LANDLORD'S TRASH REMOVAL CONTRACTOR REQUIRES THAT ANY SUCH SUBSTANCES BE DISPOSED OF FROM THE PREMISES SEPARATELY FROM ORDINARY TRASH, TENANT SHALL MAKE ARRANGEMENTS AT TENANT'S EXPENSE FOR SUCH DISPOSAL IN APPROVED CONTAINERS DIRECTLY WITH A QUALIFIED AND LICENSED DISPOSAL COMPANY AT A LAWFUL DISPOSAL SITE; (IV) ANY REMAINING SUCH SUBSTANCES SHALL BE COMPLETELY, PROPERLY AND LAWFULLY REMOVED FROM THE LAND UPON EXPIRATION OR EARLIER TERMINATION OF THIS LEASE; AND (V) FOR PURPOSES OF REMOVAL AND DISPOSAL OF ANY SUCH SUBSTANCES FOR WHICH TENANT IS RESPONSIBLE HEREUNDER, TENANT SHALL BE NAMED AS THE OWNER, OPERATOR AND GENERATOR, SHALL OBTAIN A WASTE GENERATOR IDENTIFICATION NUMBER, AND SHALL EXECUTE ALL PERMIT APPLICATIONS, MANIFESTS, WASTE CHARACTERIZATION DOCUMENTS AND ANY OTHER REQUIRED FORMS. "HAZARDOUS MATERIAL" SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) ANY FLAMMABLE,...
Hazardous Materials Generally Prohibited. Except as provided herein, Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release, discharge, spill or leak any "Hazardous Material" (as defined in Article 30), or permit Tenant's employees, agents, contractors, or other occupants of the Premises to engage in such activities on or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily and lawfully used in the business which Tenant is permitted to conduct in the Premises under this Lease, as an incidental and minor part of such business, or as may be necessary for the Generator (and fuel tank and/or batteries) as described in Exhibit E hereto, and provided: (i) such substances shall be properly labeled, contained, used and stored only in small quantities reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant's business therein, strictly in accordance with applicable Laws, highest prevailing standards, and the manufacturers' instructions therefor, and as Landlord shall reasonably require, (ii) such substances shall not be disposed of,
