Hazardous or Toxic Materials. No asbestos-containing material, heavy metal-containing paints/coating, or PCB-containing materials will be specified or used in the Work, including, but not limited to, building materials, production processes and equipment, and utilities and other support processes and equipment. Construction Manager will communicate and enforce this prohibition with its Subcontractors and will immediately bring any observed violation(s) to Owner's attention. At the Date of Final Completion of the Work, Construction Manager will provide to Owner a written certification confirming that no asbestos-containing material, heavy metal-containing paints/coating, or PCB-containing materials were specified or used in the Work.
Hazardous or Toxic Materials. Tenant is strictly prohibited from storing or using on the premises materials classified as hazardous or toxic under any local, state, or federal law or regulation, and from engaging in any activity which produces such materials. Tenant’s obligation of indemnity as set forth below specifically include any costs, expenses, fines or penalties imposed against the Landlord arising out of storage, use or creation of any hazardous material by Tenant, Tenant’s agents, employees, invitees and/or guests. Landlord may enter the space at any time to remove and dispose of prohibited items.
Hazardous or Toxic Materials. Landlord, to Landlord's best actual knowledge, as of the date of this Lease, (which knowledge Landlord represents is based solely upon the contents of the Environmental Reports listed on EXHIBIT "N" attached hereto) has not used, discharged, dumped, spilled or stored (other than use or storage in compliance with all applicable laws) any Hazardous Substances (as defined in the Construction Provisions) on or about the Shopping Center, whether accidentally or intentionally, and has received no notice and has no knowledge that any such condition exists at the Shopping Center. If any claim is ever made against Tenant relating to Hazardous Substances present at or around the Shopping Center, whether or not such substances are present as of the date hereof, or any such Hazardous Substances are hereafter discovered at the Shopping Center (unless introduced by Tenant, its agents, invitees or employees), all costs of removal incurred by, all liability imposed upon, or damages suffered by, Tenant because of the same shall be borne by Landlord, and Landlord hereby indemnifies and agrees to defend and hold Tenant harmless from and against all such costs, losses, liabilities and damages, including, without limitation, all third-party claims (including sums paid in settlement thereof, with or without legal proceedings) for personal injury or property damage and other claims, actions, administrative proceedings, judgments, compensatory and punitive damages, lost profits, penalties, fines, costs, losses, attorneys' fees and expenses (through all levels of proceedings), consultants or experts fees and all costs incurred in enforcing this indemnity. The representation, warranty and indemnity of Landlord described in this paragraph 19(a)(v) shall survive the termination or expiration of this Lease. Notwithstanding the foregoing, Landlord shall not be required to remove or to remediate Hazardous Substances unless such Hazardous Substances materially interfere with the conduct and operation of Tenant's business from the Shopping Center or unless Tenant or Landlord is required to remove same pursuant to a governmental or court order or judgment or is required by applicable law, code, regulation or the like.
Hazardous or Toxic Materials. As used herein, “Hazardous Materials” means any hazardous, toxic, environmentally damaging or radioactive materials, substances or wastes, including, but not limited to, those materials, substances or wastes; (1) defined or listed as hazardous or extremely hazardous materials or wastes pursuant to Title 22, Division 4.5, Chapter 10 et seq., of the California Code of Regulations, as may be amended; (2) defined or listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. and regulations promulgated thereunder, as may be amended; (3) defined or listed as hazardous or acutely hazardous wastes pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. and regulations promulgated thereunder, as may be amended; and/or (4) which consists in whole or part of petroleum, petroleum fractions, petroleum products or petroleum distillates.
Hazardous or Toxic Materials. The term “Hazardous or Toxic Materials” means any materials which may be deemed hazardous or toxic including, but not limited to, (i) materials defined as “hazardous waste” under the Federal Resource Conservation and Recovery Act and similar state laws; (ii) “hazardous substances” as identified under the Federal Comprehensive Environmental Response, Compensation and Liability Act and especially in CERCLA Section 101(14) and as set forth in Title 40, Title of Federal Regulations, Part 302; (iii) those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (“EPA”) and the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, polluting, or dangerous waste substance or material, as such lists are now or at any time hereafter in effect; (iv) asbestos; (v) radon; (vi) polychlorinated biphenyl; (vii) petroleum products; and (viii) such other materials, substances or waste which are otherwise dangerous, hazardous, harmful or deleterious to human, plant or animal health or well being.
Hazardous or Toxic Materials. Sublessee shall not permit any hazardous or toxic wastes or materials to be located or stored on the Subleased Premises in violation of applicable law.
Hazardous or Toxic Materials. Tenant covenants and agrees not to ---------------------------- introduce any hazardous or toxic materials onto the Premises without (a) first obtaining Landlord's written consent; and (b) complying with all applicable federal, state and local laws or ordinances pertaining to the transportation, storage, use or disposal of such materials, including but not limited to obtaining proper permits. If Tenant's transportation, storage, use or disposal of such hazardous or toxic materials on the Premises results in (i) contamination of the soil or surface or ground water; or (ii) loss or damage to persons or property, then Tenant agrees to (a) notify Landlord immediately of any contamination, claim of contamination, loss or damage; (b) after consultation and approval by Landlord, to clean up the contamination in full compliance with all applicable statutes, regulations and standards at Tenant's sole cost and expense; and (c) to indemnify, defend and hold Landlord free and harmless from any and all claims, suits, causes of action, judgments, awards, costs and fees, including reasonable attorneys' fees, arising from or in connection with any such contamination, claim of contamination, loss or damage. This provision shall survive termination of the Lease and this Amendment 3.
Hazardous or Toxic Materials. Use and storage of hazardous or toxic materials is governed by the Prime Lease and shall be in accordance with all governmental laws, rules and
Hazardous or Toxic Materials. A. Prohibition on placement or disposal. Tenant shall not knowingly incorporate into, use or otherwise place or dispose of at the leased Premises or in the Building or Project any toxic or hazardous materials in concentrations or levels sufficient that by the then-applicable EPA, OSHA or other applicable governmental standards cause the specific materials so identified to be classified or identified as toxic or hazardous materials except for the limited purposes of use and storage only where (i) such materials are in small quantities, properly labeled and contained (ii) such materials are handled and disposed of in accordance with the highest accepted industry standards for safety, storage, use and disposal (iii) such materials are for use in the ordinary course of business (i.e., as with office or cleaning supplies), (iv) notice of and a copy of the current material safety data sheet is provided to Landlord for each such hazardous or toxic material and (v) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations and Tenant has secured the necessary permits, if any, Landlord shall not knowingly dispose of at the leased Premises, Building or the Project any toxic or hazardous materials in concentrations or Levels sufficient that by then applicable EPA, OSHA or other applicable governmental standards cause the specific Materials so identified to be classified or identified as toxic or hazardous materials and shall otherwise deal with all toxic or hazardous materials at the leased Premises, Building or Project in a manner that will not materially and adversely affect Tenant's access, use or occupancy of the leased Premises and that any redemption or controls at the leased Premises will be in accordance with all applicable governmental laws, rules and regulations. If Landlord or Tenant ever has knowledge of the presence in the leased Premises or the-Building or the Project of such toxic or hazardous materials which affect the leased Premises, the party having knowledge shall notify the other party thereof in writing; promptly after obtaining such knowledge. For purposes of this Lease, hazardous or toxic materials shall mean hazardous or toxic chemicals or any materials or wastes containing hazardous or toxic chemicals at levels or content which cause such materials or wastes to be classified as hazardous or toxic as then prescribed by the prevalent industry practice and sta...
Hazardous or Toxic Materials. 8 9.1 Nothing in this AGREEMENT is intended nor shall anything in this AGREEMENT be construed to 9 transfer to DISTRICT or COUNTY or their successors or assigns, or to relieve OCWD or its successors, assigns or 10 predecessors in title of, any responsibility or liability OCWD or its successors, assigns or predecessors in title now 11 has, has had or comes to have with respect to human health or the environment, including but not limited to 12 responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this 13 sentence are defined by statute, ordinance, case law, governmental regulations or other provision of the law).
