Common use of Hazardous Materials Management Plan Clause in Contracts

Hazardous Materials Management Plan. (i) Prior to Tenant using, handling, transporting or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit D), Tenant shall submit to Landlord a Hazardous Materials Management Plan (“HMMP”) for Landlord’s review and approval, which approval shall not be unreasonably withheld. The HMMP shall describe: (aa) the quantities of each material to be used, (bb) the purpose for which each material is to be used, (cc) the method of storage of each material, (dd) the method of transporting each material to and from the Premises and within the Premises, (ee) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (ff) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s occupancy of the Premises. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s rights under this Lease or relieve Tenant of its obligations under this Lease. If Landlord determines in good faith by inspection of the Premises or review of the HMMP that the methods in use or described by Tenant are not adequate in Landlord’s good faith judgment to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at or about the Premises unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials without submitting and amended HMMP for Landlord’s review and approval as provided above. (ii) Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover all Landlord’s costs and expenses reasonably incurred in connection with Landlord’s review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, architects, or other consultants incurred by Landlord in connection with Landlord’s review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid all such costs and expenses to Landlord, and Tenant shall pay ail such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.

Hazardous Materials Management Plan. (i) Prior to Tenant or its subtenant using, handling, transporting or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit D"E" other than customary quantities of janitorial and office supplies), Tenant shall submit to Landlord a Hazardous Materials Management Plan (“"HMMP”") for Landlord’s 's review and approval, which approval shall not be unreasonably withheld. The HMMP shall describe: (aa) the quantities of each material to be used, (bb) the purpose for which each material is to be used, (cc) the method of storage of each material, (dd) the method of transporting each material to and from the Premises and within the Premises, (ee) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (ff) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s 's occupancy of the Premises. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s 's rights under this Lease or relieve Tenant of its obligations under this Lease; provided that a failure to review and approve within a reasonable time shall not be deemed a disapproval. If Landlord determines in good faith by inspection of the Premises or review of the HMMP that the methods in use or described by Tenant are not adequate in Landlord’s 's good faith judgment to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at or about the Premises unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials without submitting and an amended HMMP for Landlord’s 's review and approval as provided above. (ii) Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover all Landlord’s 's costs and expenses reasonably incurred in connection with Landlord’s 's review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, architects, or other consultants incurred by Landlord in connection with Landlord’s 's review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid to Landlord its reasonable estimate of all such costs and expenses to Landlord, and Tenant shall pay ail all such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.

Hazardous Materials Management Plan. (i) Prior to Tenant using, handling, transporting or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit DEXHIBIT "C"), Tenant shall submit to Landlord a Hazardous Materials Management Plan (“"HMMP”") for Landlord’s 's review and approval, which approval shall not be unreasonably withheld. The HMMP shall describe: (aa) the quantities of each material to be used, (bb) the purpose for which each material is to be used, (cc) the method of storage of each material, material (dd) the method of transporting each material to and from the Premises and within the Premises, (ee) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (ff) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s 's occupancy of the Premises. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s 's rights under this Lease or relieve Tenant of its obligations under this Lease. If Landlord determines in good faith by inspection of the Premises or review of the HMMP that the methods in use or described by Tenant are not adequate in Landlord’s 's good faith judgment to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at or about the Premises unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials without submitting and an amended HMMP for Landlord’s 's review and approval as provided above. (ii) Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover all Landlord’s costs and expenses reasonably incurred in connection with Landlord’s review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, architects, or other consultants incurred by Landlord in connection with Landlord’s review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid all such costs and expenses to Landlord, and Tenant shall pay ail such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.

Hazardous Materials Management Plan. (ia) Prior to Tenant transporting onto the Premises, Building or Project, or using, handling, transporting handling or storing any Hazardous Material at or about materials shown on Exhibit C, and without limiting the Premises (including, without limitation, those listed in Exhibit D)generality of Tenant's other obligations under this Article 4, Tenant shall shall: (i) submit to Landlord a Hazardous Materials Management Plan (“"HMMP”") for Landlord’s 's review and approval, approval (which approval shall not be unreasonably withheldwithheld or delayed), (ii) submit the HMMP to all governmental agencies having jurisdiction, including, without limitation, the City of Fremont, and Tenant agrees to diligently pursue approval of the HMMP, and (iii) the HMMP shall have been approved by all governmental agencies having jurisdiction, or Tenant shall have satisfied Landlord, in its good faith discretion, that introduction of such Hazardous Materials prior to obtaining approval from all governmental agencies having jurisdiction complies with Environmental Laws or that approval of an HMMP is not required by any governmental agency or Environmental Law. The HMMP shall describe: (aaa) the quantities of each material to be used, (bbb) the purpose for which each material is to be used, (ccc) the method of storage of each material, (ddd) the method of transporting each material to and from the Premises and within the Premises, (eee) the methods Tenant will employ to monitor the use of the material and to detect and to respond to any leaks leak, releases, threatened releases or potential hazards, and (fff) any other information which any department of any governmental entity agency (cityfederal, state or federalcity) requires prior to the issuance of any required permit for the material or for the Premises or during Tenant’s 's occupancy of the Premises. Landlord mayshall have the right, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s 's rights under this Lease or relieve Tenant of its obligations under this Lease. If Landlord determines in its good faith judgment by inspection of the Premises or review of the HMMP that the methods in use or described by Tenant are not adequate in Landlord’s good faith judgment to prevent or eliminate the existence of environmental hazards, then Tenant shall not transport, use, handle, transport, or store such Hazardous Materials Material at or about the Premises Premises, Building or Project unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials Substances without submitting and an amended HMMP for Landlord’s 's review and approval as provided above. (iib) If at any time after Landlord's approval of the original HMMP, the City of Fremont or any other governmental authority requires Tenant to modify the HMMP ("City Required Change"), Landlord shall have the right, but not the obligation, to review and approve such modification at Landlord's own expense. If at any time after Landlord's approval of the original HMMP, Tenant proposes to modify the HMMP due to a change in Tenant's process or business operations or any other reason other than a City Required Change, Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the proposed modification the amount reasonably determined by Landlord to cover all Landlord’s 's costs and expenses reasonably incurred in connection with Landlord’s 's review of the HMMP HMMP, which costs and expenses shall include, among other things, Landlord's then applicable processing fee (currently $500) and all reasonable out-of-pocket fees of attorneys, architects, or other consultants incurred by Landlord in connection with Landlord’s 's review of the HMMPmodification. Landlord shall have no obligation to consider a request for consent to a proposed HMMP modification unless and until Tenant has paid all such costs and expenses to Landlord, and Tenant shall pay ail all such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMPmodification. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord. Tenant shall also comply at its expense with any recommendations of Landlord or Landlord's consultant with respect to the modified HMMP. Tenant shall not be required to stop its operations involving Hazardous Substances during the period of implementation of such recommendations, unless, in its good faith business judgment, Landlord determines that it is prudent for Tenant to stop such operations during the implementation period.

Hazardous Materials Management Plan. (ia) Prior to Tenant using, handling, transporting or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit DParagraph 19.11), Tenant shall submit to Landlord a Hazardous Materials Management Plan (“HMMP”) for Landlord’s review and approval, which approval shall not be unreasonably withheldin Landlord’s sole discretion. The HMMP shall describe: (aai) the quantities of each material to be used, (bbii) the purpose for which each material is to be used, (cciii) the method of storage of each material, (ddiv) the method of transporting each material to and from the Premises and within the Premises, Premises (eev) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (ffvi) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s occupancy of the Premises; and (vii) any other information which Landlord may request. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s rights under this Lease or relieve Tenant of its obligations under this Lease. If Landlord determines in good faith its sole discretion by inspection of the Premises or review of the HMMP or otherwise that the methods in use or described by Tenant are not adequate in Landlord’s good faith judgment opinion to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at or about the Premises unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials without submitting and an amended HMMP for Landlord’s review and approval as provided above. (iib) Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover all Landlord’s costs and expenses reasonably incurred or to be incurred in connection with Landlord’s review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, environmental engineers and consultants, architects, or other consultants incurred by Landlord in connection with Landlord’s review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid all such costs and expenses to Landlord, and Tenant shall pay ail such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.

Hazardous Materials Management Plan. (ia) Prior to Tenant using, handling, transporting transporting, or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit DParagraph 19.11), Tenant shall submit to Landlord a Hazardous Materials Management Plan (“"HMMP”") for Landlord’s 's review and approval, approval which approval shall not be unreasonably withheldin Landlord's sole reasonable discretion. The HMMP shall describe: (aa) the quantities of each material to be used, (bb) the purpose for which each material is to be used, (cc) the method of storage of each material, (dd) the method of transporting each material to and from the Premises and within the Premises, (ee) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (ff) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s 's occupancy of the Premises, and (gg) any other information which Landlord may request. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s 's rights under this Lease or relieve Tenant of its obligations under this Lease. If , if Landlord determines in good faith its sole discretion by inspection of the Premises or review of the HMMP or otherwise that the methods in use or described by Tenant are not adequate in Landlord’s good faith judgment 's reasonable opinion to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at on or about the Premises unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. FNMP, Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials in any material respect without submitting and an amended HMMP for Landlord’s 's review and approval as provided above. (iib) Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover Cover all Landlord’s 's costs and expenses reasonably incurred or to be incurred in connection with Landlord’s 's review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, architects, or of other consultants incurred by Landlord in connection with Landlord’s 's review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid all such costs ??? and expenses to Landlord, and Tenant shall pay ail such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of Of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.

Hazardous Materials Management Plan. (i) Prior to Tenant using, handling, transporting or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit D"C"), Tenant shall submit to Landlord a Hazardous Materials Management Plan (“"HMMP”") for Landlord’s 's review and approval, which approval shall not be unreasonably withheld. The HMMP shall describe: (aa) the quantities of each material to be used, (bb) the purpose for which each material is to be used, (cc) the method of storage of each material, (dd) the method of transporting each material to and from the Premises and within the Premises, (ee) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (ff) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s 's occupancy of the Premises. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s 's rights under this Lease or relieve Tenant of its obligations under this Lease. If Landlord determines in good faith by inspection of the Premises or review of the HMMP that the methods in use or described by Tenant are not adequate in Landlord’s 's good faith judgment to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at or about the Premises unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials without submitting and an amended HMMP for Landlord’s 's review and approval as provided above. (ii) Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover all Landlord’s 's costs and expenses reasonably incurred in connection with Landlord’s 's review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, architects, or other consultants incurred by Landlord in connection with Landlord’s 's review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid all such costs and expenses to Landlord, and Tenant shall pay ail all such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.

Hazardous Materials Management Plan. (ia) Prior to Tenant using, handling, transporting or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit DParagraph 19.11), Tenant shall submit to Landlord a Hazardous Materials Management Plan (“"HMMP”") for Landlord’s 's review and approval, which approval shall not be unreasonably withheld. The HMMP l-LMMP shall describe: (aa) the quantities of each material to be used, (bb) the purpose for which each material is to be used, (cc) the method of storage of each material, (dd) the method of transporting each material to and from the Premises and within the Premises, Premises (ee) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (ff) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s 's occupancy of the Premises. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s 's rights under this Lease or relieve Tenant of its obligations under this Lease. If Landlord determines in good faith by inspection of the Premises or review of the HMMP that the methods in use or described by Tenant are not adequate in Landlord’s 's good faith judgment to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at or about the Premises unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials without submitting and an amended HMMP for Landlord’s 's review and approval as provided above. (iib) Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover all Landlord’s 's costs and expenses reasonably incurred in connection with Landlord’s 's review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, architects, or other consultants incurred by Landlord in connection with Landlord’s 's review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid all such costs and expenses to Landlord, and Tenant shall pay ail such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.

Hazardous Materials Management Plan. (i) Prior to Tenant using, handling, transporting or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit "D"), . Tenant shall submit to Landlord a Hazardous Materials Management Plan (“"HMMP”") for Landlord’s 's review and approval, which approval shall not be unreasonably withheld. The HMMP shall describe: (aai) the approximate quantities of each material to be used, (bbii) the purpose for which each material is to be usedused (subject to Tenant's requirements for maintaining the confidentiality of its trade secrets), (cciii) the method of storage of each material, (ddiv) the method of transporting each material to and from the Premises and within the Premises, (eev) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (ffvi) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s 's occupancy of the Premises. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s 's rights under this Lease or relieve Tenant of its obligations under this Leaselease. If Landlord determines in good faith by inspection of the Premises or review of the HMMP that the methods in use or described by Tenant are not adequate in Landlord’s 's good faith judgment to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at or about the Premises unless and until such methods are approved by an environmental consultant reasonably approved by Landlord in good faith and Tenant and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials without submitting and an amended HMMP for Landlord’s 's review and approval as provided above. (ii) Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover all Landlord’s costs and expenses reasonably incurred in connection with Landlord’s review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, architects, or other consultants incurred by Landlord in connection with Landlord’s review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid all such costs and expenses to Landlord, and Tenant shall pay ail such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.

Hazardous Materials Management Plan. (i) 37.4.1. Prior to Tenant or its subtenant using, handling, transporting or storing any Hazardous Material at or about the Premises (including, without limitation, those listed in Exhibit DC other than customary quantities of janitorial and office supplies), Tenant shall submit to Landlord a Hazardous Materials Management Plan (“"HMMP”") for Landlord’s 's review and approval, which approval shall not be unreasonably withheld. The HMMP shall describe: (aaa) the quantities of each material to be used, (bbb) the purpose for which each material is to be used, (ccc) the method of storage of each material, (ddd) the method of transporting each material to and from the Premises and within the Premises, (eee) the methods Tenant will employ to monitor the use of the material and to detect any leaks or potential hazards, and (fff) any other information any department of any governmental entity (city, state or federal) requires prior to the issuance of any required permit for the Premises or during Tenant’s 's occupancy of the Premises. Landlord may, but shall have no obligation to review and approve the foregoing information and HMMP, and such review and approval or failure to review and approve shall not act as an estoppel or otherwise waive Landlord’s 's rights under this Lease or relieve Tenant of its obligations under this Lease; provided that a failure to review and approve within a reasonable time shall not be deemed a disapproval. If Landlord determines in good faith by inspection of the Premises or review of the HMMP that the methods in use or described by Tenant are not adequate in Landlord’s 's good faith judgment to prevent or eliminate the existence of environmental hazards, then Tenant shall not use, handle, transport, or store such Hazardous Materials at or about the Premises unless and until such methods are approved by Landlord in good faith and added to an approved HMMP. Once approved by Landlord, Tenant shall strictly comply with the HMMP and shall not change its use, operations or procedures with respect to Hazardous Materials without submitting and an amended HMMP for Landlord’s 's review and approval as provided above. (ii) 37.4.2. Tenant shall pay to Landlord when Tenant submits an HMMP (or amended HMMP) the amount reasonably determined by Landlord to cover all Landlord’s 's costs and expenses reasonably incurred in connection with Landlord’s 's review of the HMMP which costs and expenses shall include, among other things, all reasonable out-of-pocket fees of attorneys, architects, or other consultants incurred by Landlord in connection with Landlord’s 's review of the HMMP. Landlord shall have no obligation to consider a request for consent to a proposed HMMP unless and until Tenant has paid all such costs and expenses to Landlord, and Tenant shall pay ail such costs and expenses to Landlord irrespective of whether Landlord consents to such proposed HMMP. Tenant shall pay to Landlord on demand the excess, if any, of such costs and expenses actually incurred by Landlord over the amount of such costs and expenses actually paid by Tenant, and Landlord shall promptly refund to Tenant the excess, if any, of such costs and expenses actually paid by Tenant over the amount of such costs and expenses actually incurred by Landlord.its reasonable