Common use of Hazardous or Toxic Materials Clause in Contracts

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. Landlord, Mortgagor expressly represents to Landlord's Mortgagee that to the best actual knowledge, as of its knowledge 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) Mortgaged Property has not in the past been used, dischargedis not presently being used, dumped, spilled or stored (other than use or storage in compliance with all applicable laws) any Hazardous Substances (as defined and will not in the Construction Provisions) on future be used for the handling, storage, transportation, or about the Shopping Center, whether accidentally disposal of hazardous or intentionally, toxic materials except as permitted by law and has received approved in advance by Mortgagee and that 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 spillage or around the Shopping Center, whether or not leakage of such substances are present as of has occurred on 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 Mortgaged Property. Mortgagor agrees to indemnify, defend and hold Tenant Mortgagee harmless from and against all such costsany loss, lossesliability, liabilities and damagesor damages to Mortgagee, including, 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, limitation attorneys' fees fees, incurred by Mortgagee as a result of such past, present or future use, handling, storage, transportation, disposal, spillage or leakage of hazardous or toxic materials. Mortgagee, at Mortgagee's sole option at any time that Loan proceeds remain outstanding, may obtain, at Mortgagor's expense, a satisfactory report from a reputable environmental consultant of Mortgagee's choice as to whether the Mortgaged Property has been or presently is being used for the handling, storage, transportation, or disposal of hazardous or toxic materials and expenses that no spillage or leakage of such materials has occurred on the Mortgaged Property. In the event Mortgagee requests such a report and said report indicates such past or present use, handling, storage, transportation, disposal, spillage or leakage, Mortgagee may require that all violations of law with respect to hazardous or toxic materials be corrected and/or that Mortgagor obtain all necessary environmental permits within thirty (through all levels 30) days of proceedingsMortgagee's notice to Mortgagor or Mortgagor's discovery of a violation(s), consultants or experts fees and all costs incurred in enforcing this indemnity. The representationwhichever occurs sooner, warranty and indemnity of Landlord described in this paragraph 19(a)(vprovided, however, if such violation(s) shall survive the termination or expiration of this Lease. Notwithstanding the foregoing, Landlord shall cannot be required corrected or such permit obtained within such thirty (30) day period, and provided Mortgagor commences the necessary corrective action within such thirty (30) day period and diligently pursues compliance or work necessary to remove obtain necessary permits, Mortgagor shall have a reasonable time, not to exceed ninety (90) days, to correct such condition or to remediate Hazardous Substances unless obtain required permits within such Hazardous Substances materially interfere with time periods shall constitute a default hereunder entitling Mortgagee to 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 likeremedies provided herein.

Hazardous or Toxic Materials. Landlord(a) Tenant shall comply, to Landlord's best actual knowledgeat its expense, 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 federal, state and local laws) any Hazardous Substances (as defined in the Construction Provisions) on , statutes or about the Shopping Centerregulations concerning environmental conditions, whether accidentally or intentionallyemissions, pollutants 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 damagescontrols, including, without limitation, all third-party claims such laws, statutes and regulations applicable to the Fuel Shed. Tenant shall not cause, store, use or permit any Hazardous Material (defined below), including sums paid without limitation asbestos or polychlorinated biphenyls, to be brought upon, kept or used in settlement thereofor about the Premises and License Area by Tenant, its officers, employees, representatives, agents, customers, invitees or trespasser (“Tenant Parties”), without the prior written consent of Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business, does not violate any requirements of the Landlord's policies of fire, causality or public liability insurance and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises and License Area. (b) If Tenant breaches any of its obligation stated herein, or if the presence of Hazardous Material on the Premises and License Area, including, without legal proceedingslimitation in the Fuel Shed, caused or permitted by Tenant results in contamination of the Premises, License Area or any area adjacent thereto, then Tenant shall indemnify, defend (with counsel acceptable to Landlord) for personal injury or property damage and other hold Landlord harmless from any and all claims, actionsjudgment, administrative proceedings, judgments, compensatory and punitive damages, lost profits, penalties, fines, costs, liabilities or losses, including, without limitation, diminution in value of the Premises and License Area, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises and License Area, damages arising from any adverse impact on marketing of space on the Wharf, and sums paid in settlement of claims, attorneys' fees, consultant fees and expenses (through all levels expert fees which arise during or after the Agreement Term as a result of proceedings), consultants or experts fees and all costs incurred in enforcing this indemnitysuch contamination. The representation, warranty and indemnity of Landlord described in this paragraph 19(a)(v) shall survive the termination or expiration of this Lease. Notwithstanding Without limiting the foregoing, Landlord if the presence of any Hazardous Material on or about the Premises and License Area, including the Fuel Shed, caused or permitted by Tenant results in any contamination of the Premises, License Area or any area adjacent thereto, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, License Area and any adjacent area to the condition existing prior to the introduction of any such Hazardous Material to the Premises, License Area and/or adjacent area; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be required to remove unreasonably withheld so long as such actions would not potentially have any material adverse long-term or to remediate short-term effect on the Premises and License Area. (c) As used herein, the term "Hazardous Substances unless such Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Substances materially interfere with the conduct and operation of Tenant's business from the Shopping Center Material" shall include without limitation, any material or unless Tenant substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or Landlord is required to remove same "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a governmental "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Xxxxxxxxx-Xxxxxxx-Xxxxxx Xxxxxxxxx Substance Account Act); (iii) defined as a "hazardous material," "hazardous substance," or court order or judgment or is required by applicable law"hazardous waste" under Section 25501 of the California Health and Safety Code, codeDivision 20, regulation or Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a "hazardous substance" under Section 25281 of the like.California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos;

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, ---------------------------- generated, discharged, dumped, spilled or stored any toxic or hazardous substances, asbestos or any other chemicals or substances in amounts exceeding standards for public health or welfare as established and regulated by any local governmental authority, the State or the United States government (other than use "Hazardous Substances") or storage in compliance with all violation of any applicable laws) any Hazardous Substances (as defined in the Construction Provisions) laws on or about the Shopping Center, whether accidentally or intentionally, legally or illegally, 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 employees or employeesinvitees), 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, except that, with respect to Hazardous Substances introduced to the Shopping Center after the date of this Lease by a third party not a tenant or owner of any portion of the Shopping Center, and not an employee, agent, contractor, customer, licensee or invitee of any such tenant or owner, Landlord shall not be liable to Tenant for any lost profits otherwise indemnified against under this paragraph. 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.