Common use of Hazardous Substance Disclosure Clause in Contracts

Hazardous Substance Disclosure. (a) California law requires landlords to disclose to tenants the existence of certain Hazardous Materials. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain Hazardous Materials. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain Hazardous Materials. Although smoking is prohibited in the public areas or the Building, these areas may from time to time be exposed to tobacco smoke. Building occupants and other persons entering the Building from time to time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain Hazardous Materials. (b) Tenant acknowledges that certain reports and letters (collectively "Reports") dealing with the presence of ACMs in the Building are available for its review in the property management office of the Building. The Reports contain the specific locations within the Building where ACMs are present, describe potential health risks or impacts that may result from exposure to asbestos contained in the ACMs, and set forth certain information to convey that moving, drilling, boring or otherwise disturbing the ACMs may present a health risk, and consequently, should not be attempted by any person who is not qualified to handle ACMs. Tenant acknowledges that it is aware of the existence, location and condition of ACMs, both friable and non-friable in the Building and (if applicable) in the Premises. Tenant agrees that it has been afforded full and adequate opportunity to inspect or otherwise evaluate asbestos and ACMs in the Building and Premises and that, subject to the Work Letter, by taking possession of the Premises, it accepts the condition of such Premises and the Building with respect thereto. During the Lease Term, and so long as Tenant occupies any portion of the Premises, Tenant shall familiarize itself and comply with all recommendations under the Reports, with respect to the maintenance of any and all ACMs in the Premises so as to prevent the release of any asbestos fibers or other ACMs. Tenant shall be responsible for insuring that all employees of Tenant and all individuals entering the Premises are aware of the matters set forth in the Reports with respect to the presence of ACMs in the Premises and the Building. To the extent any individuals enter the Premises, who are not engaged by Landlord, to perform maintenance, repairs, alterations or renovations, such individuals will be apprised by Tenant of the presence of ACMs and Tenant will make the contents of the Reports available to such individuals to ensure that all statutes, codes and regulations applicable to the handling of all ACMs in the Building. Tenant shall inform Landlord in a timely manner of any work to be undertaken in the Premises that may disturb any ACMs, so that Landlord may obtain a release, in form satisfactory to Landlord in its sole discretion, from those involved in such activities with respect to any liability accruing from such work undertaken in the Premises. Such notification shall be in addition to, and not in lieu of, any and all notifications and consents required under this Lease with respect to alterations or other work in the Premises by Tenant. Tenant shall indemnify, defend, protect and hold Landlord harmless from any and all claims, losses, liabilities or damages, including attorney's fees and costs, resulting from Tenant's failure to comply with the foregoing provisions related to ACMs and asbestos, including, without limitation, the failure to notify Landlord in the manner described above. Tenant will further indemnify, defend, protect and hold Landlord harmless from any and all claims (known and unknown), losses, liabilities or damages (including attorneys' fees) relating to exposure to or injury caused or aggravated by ACMs, directly or indirectly, from Tenant's failure to follow the prescribed safety requirements, precautions and procedures outlined in the Reports as the same may be hereinafter modified, updated or revised; or which results from Tenant's failure to inform individuals and employees of Tenant of the contents of the Reports, including, without limitation, failure to so inform individuals who are so undertaking alterations, renovations, maintenance or repairs of ACMs containing areas of the Premises or the Building; or which results from any failure of such individuals or Tenant's employees to comply with recommendations or requirements set forth in the Reports. By its execution of this Lease, Tenant acknowledges that the notice set forth hereinabove shall constitute the notice required under California Health and Safety Code Section 25915.5. (c) Tenant shall have no liability for the removal or remediation of Hazardous Material existing in the Building prior to the date of the execution and delivery of this Lease. Subject to Tenant's obligations in Section 48, Landlord shall indemnify, defend, protect and hold Tenant harmless from any and all claims, losses, liabilities or damages, including reasonable attorney's fees and costs, resulting from or arising out of the presence of any Hazardous Material found on, in or under the Building or Premises, other than any Hazardous Materials brought into the Premises or Building by Tenant and Tenant's agents, employees and contractors and any claims, losses, liabilities or damages resulting from or arising out of the negligence of Tenant, its agents, employees, contractors or invitees.

Appears in 2 contracts

Samples: Office Lease (NBC Internet Inc), Office Lease (Xoom Inc)

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Hazardous Substance Disclosure. (a) California law requires landlords ------------------------------ to disclose to tenants the existence of certain Hazardous Materialshazardous substances. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items items, and asbestos-containing materials ("ACM") must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain Hazardous Materialshazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain Hazardous Materialshazardous substances. Although smoking is prohibited in the public areas or of the Building, these areas may may, from time to time time, be exposed to tobacco smoke. Building occupants and other persons entering the Building from time to time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain Hazardous Materials. (b) Tenant acknowledges that hazardous substances. Further, certain reports and letters (collectively "Reports") dealing with portions of the presence of ACMs Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building are available for its review in occupants and visitors, such as machinery and utility rooms, the property management office inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Building. The Reports contain the specific locations within the Building where ACMs are present, describe potential health risks or impacts that may result from exposure to asbestos contained in the ACMs, and set forth certain information to convey that moving, drilling, boring or otherwise disturbing the ACMs may present a health risk, and consequently, should not be attempted by any person who is not qualified to handle ACMs. Tenant acknowledges that it is aware of the existence, location and condition of ACMs, both friable and non-friable in the Building and (if applicable) in the Premises. Tenant agrees that it has been afforded full and adequate opportunity to inspect or otherwise evaluate asbestos and ACMs in the Building and Premises and that, subject to the Work Letter, by taking possession of the Premises, it accepts the condition of such Premises and the Building with respect thereto. During the Lease Term, and so long as Tenant occupies any portion of the Premises, Tenant shall familiarize itself and comply with all recommendations under the Reports, with respect to the maintenance of any and all ACMs in the Premises so as to prevent the release of any asbestos fibers or other ACMs. Tenant shall be responsible for insuring that all employees of Tenant and all individuals entering the Premises are aware of the matters set forth in the Reports with respect to the presence of ACMs in the Premises and the Building. To the extent any individuals enter the Premises, who are not engaged by Landlord, to perform maintenance, repairs, alterations or renovations, such individuals will be apprised by Tenant of the presence of ACMs and Tenant will make the contents of the Reports available to such individuals to ensure that all statutes, codes and regulations applicable to the handling of all ACMs in the Building. Tenant shall inform Landlord in a timely manner of any work to be undertaken in the Premises that may disturb any ACMs, so that Landlord may obtain a release, in form satisfactory to Landlord in its sole discretion, from those involved in such activities with respect to any liability accruing from such work undertaken in the Premises. Such notification shall be in addition to, and not in lieu of, any and all notifications and consents required under this Lease with respect to alterations or other work in the Premises by Tenanthazardous substances. Tenant shall indemnify, defend, protect agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto (which consent may be denied in Landlord's sole discretion) and hold Landlord harmless from any Tenant complies with all applicable Legal Requirements and all claims, losses, liabilities or damages, including attorneyLandlord's fees and costs, resulting from written procedures for handling ACM. Tenant's failure to comply with the foregoing provisions related to ACMs and asbestos, including, without limitation, the failure to notify Landlord in the manner described above. Tenant will further indemnify, defend, protect and hold Landlord harmless from any and all claims (known and unknown), losses, liabilities or damages (including attorneys' fees) relating to exposure to or injury caused or aggravated by ACMs, directly or indirectly, from Tenant's failure to follow the prescribed safety requirements, precautions and procedures outlined in the Reports as the same may be hereinafter modified, updated or revised; or which results from Tenant's failure to inform individuals and employees of Tenant of the contents of the Reports, including, without limitation, failure to so inform individuals who are so undertaking alterations, renovations, maintenance or repairs of ACMs containing areas of the Premises or the Building; or which results from any failure of such individuals or Tenant's employees to comply with recommendations or requirements set forth in the Reports. By its execution of this Lease, Tenant acknowledges that the notice set forth hereinabove immediately preceding sentence shall constitute the notice required an Event of Default under California Health and Safety Code Section 25915.5. (c) Tenant shall have no liability for the removal or remediation of Hazardous Material existing in the Building prior to the date of the execution and delivery Paragraph 25 of this Lease. Subject to TenantTenant may obtain a copy of Landlord's obligations in Section 48, Landlord shall indemnify, defend, protect and hold Tenant harmless written procedures for handling ACM from any and all claims, losses, liabilities or damages, including reasonable attorney's fees and costs, resulting from or arising out of the presence of any Hazardous Material found on, in or under the Building or Premises, other than any Hazardous Materials brought into the Premises or Building by Tenant and Tenant's agents, employees and contractors and any claims, losses, liabilities or damages resulting from or arising out of the negligence of Tenant, its agents, employees, contractors or inviteesoffice.

Appears in 2 contracts

Samples: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)

Hazardous Substance Disclosure. (a) California law requires landlords to disclose to tenants the existence of certain Hazardous Materialshazardous substances. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items items, and ACM must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building Premises are found in the utility areas of the Building Premises not generally accessible to Building Premises occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain Hazardous Materialshazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building Premises may contain Hazardous Materialshazardous substances. Although smoking is prohibited in the public areas or of the BuildingPremises, these areas may may, from time to time time, be exposed to tobacco smoke. Building Premises occupants and other persons entering the Building Premises from time to time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain Hazardous Materials. (b) Tenant acknowledges that certain reports and letters (collectively "Reports") dealing with the presence of ACMs in the Building are available for its review in the property management office hazardous substances. Landlord has made no special investigation of the Building. The Reports contain the specific locations within the Building where ACMs are present, describe potential health risks or impacts that may result from exposure to asbestos contained in the ACMs, and set forth certain information to convey that moving, drilling, boring or otherwise disturbing the ACMs may present a health risk, and consequently, should not be attempted by any person who is not qualified to handle ACMs. Tenant acknowledges that it is aware of the existence, location and condition of ACMs, both friable and non-friable in the Building and (if applicable) in the Premises. Tenant agrees that it has been afforded full and adequate opportunity to inspect or otherwise evaluate asbestos and ACMs in the Building and Premises and that, subject to the Work Letter, by taking possession of the Premises, it accepts the condition of such Premises and the Building with respect thereto. During the Lease Term, and so long as Tenant occupies any portion of the Premises, Tenant shall familiarize itself and comply with all recommendations under the Reports, with respect to the maintenance of any and all ACMs in the Premises so as to prevent the release of any asbestos fibers or other ACMs. Tenant shall be responsible for insuring that all employees of Tenant and all individuals entering the Premises are aware of the matters set forth in the Reports with respect to the presence of ACMs in the Premises and the Building. To the extent any individuals enter the Premises, who are not engaged by Landlord, to perform maintenance, repairs, alterations or renovations, such individuals will be apprised by Tenant of the presence of ACMs and Tenant will make the contents of the Reports available to such individuals to ensure that all statutes, codes and regulations applicable to the handling of all ACMs in the Building. Tenant shall inform Landlord in a timely manner of any work to be undertaken in the Premises that may disturb any ACMs, so that Landlord may obtain a release, in form satisfactory to Landlord in its sole discretion, from those involved in such activities with respect to any liability accruing from such work undertaken in hazardous substances. Notwithstanding the Premises. Such notification shall be in addition to, and not in lieu of, any and all notifications and consents required under this Lease with respect to alterations or other work in the Premises by Tenant. Tenant shall indemnify, defend, protect and hold Landlord harmless from any and all claims, losses, liabilities or damages, including attorney's fees and costs, resulting from Tenant's failure to comply with the foregoing provisions related to ACMs and asbestos, including, without limitation, the failure to notify Landlord in the manner described above. Tenant will further indemnify, defend, protect and hold Landlord harmless from any and all claims (known and unknown), losses, liabilities or damages (including attorneys' fees) relating to exposure to or injury caused or aggravated by ACMs, directly or indirectly, from Tenant's failure to follow the prescribed safety requirements, precautions and procedures outlined in the Reports as the same may be hereinafter modified, updated or revised; or which results from Tenant's failure to inform individuals and employees of Tenant of the contents of the Reports, including, without limitation, failure to so inform individuals who are so undertaking alterations, renovations, maintenance or repairs of ACMs containing areas of the Premises or the Building; or which results from any failure of such individuals or Tenant's employees to comply with recommendations or requirements set forth in the Reports. By its execution of this Leaseforegoing, Tenant acknowledges that the notice set forth hereinabove shall constitute the notice required under California Health agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto and Safety Code Section 25915.5Tenant complies with all applicable Legal Requirements and Landlord’s written procedures for handling ACM. (c) Tenant shall have no liability for the removal or remediation of Hazardous Material existing in the Building prior to the date of the execution and delivery of this Lease. Subject to Tenant's obligations in Section 48, Landlord shall indemnify, defend, protect and hold Tenant harmless from any and all claims, losses, liabilities or damages, including reasonable attorney's fees and costs, resulting from or arising out of the presence of any Hazardous Material found on, in or under the Building or Premises, other than any Hazardous Materials brought into the Premises or Building by Tenant and Tenant's agents, employees and contractors and any claims, losses, liabilities or damages resulting from or arising out of the negligence of Tenant, its agents, employees, contractors or invitees.

Appears in 1 contract

Samples: Office Lease (Warner Music Group Corp.)

Hazardous Substance Disclosure. (a) California law requires landlords to disclose to tenants the existence of certain Hazardous Materialshazardous substances. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items items, and asbestos-containing materials ("ACM") must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain Hazardous Materialshazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain Hazardous Materialshazardous substances. Although smoking is prohibited in the public areas or of the Building, these areas may may, from time to time time, be exposed to tobacco smoke. Building occupants and other persons entering the Building from time to time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain Hazardous Materials. (b) Tenant acknowledges that hazardous substances. Further, certain reports and letters (collectively "Reports") dealing with portions of the presence of ACMs Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building are available for its review in occupants and visitors, such as machinery and utility rooms, the property management office inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Building. The Reports contain the specific locations within the Building where ACMs are present, describe potential health risks or impacts that may result from exposure to asbestos contained in the ACMs, and set forth certain information to convey that moving, drilling, boring or otherwise disturbing the ACMs may present a health risk, and consequently, should not be attempted by any person who is not qualified to handle ACMs. Tenant acknowledges that it is aware of the existence, location and condition of ACMs, both friable and non-friable in the Building and (if applicable) in the Premises. Tenant agrees that it has been afforded full and adequate opportunity to inspect or otherwise evaluate asbestos and ACMs in the Building and Premises and that, subject to the Work Letter, by taking possession of the Premises, it accepts the condition of such Premises and the Building with respect thereto. During the Lease Term, and so long as Tenant occupies any portion of the Premises, Tenant shall familiarize itself and comply with all recommendations under the Reports, with respect to the maintenance of any and all ACMs in the Premises so as to prevent the release of any asbestos fibers or other ACMs. Tenant shall be responsible for insuring that all employees of Tenant and all individuals entering the Premises are aware of the matters set forth in the Reports with respect to the presence of ACMs in the Premises and the Building. To the extent any individuals enter the Premises, who are not engaged by Landlord, to perform maintenance, repairs, alterations or renovations, such individuals will be apprised by Tenant of the presence of ACMs and Tenant will make the contents of the Reports available to such individuals to ensure that all statutes, codes and regulations applicable to the handling of all ACMs in the Building. Tenant shall inform Landlord in a timely manner of any work to be undertaken in the Premises that may disturb any ACMs, so that Landlord may obtain a release, in form satisfactory to Landlord in its sole discretion, from those involved in such activities with respect to any liability accruing from such work undertaken in the Premises. Such notification shall be in addition to, and not in lieu of, any and all notifications and consents required under this Lease with respect to alterations or other work in the Premises by Tenanthazardous substances. Tenant shall indemnify, defend, protect agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto and hold Landlord harmless from any Tenant complies with all applicable Legal Requirements and all claims, losses, liabilities or damages, including attorneyLandlord's fees and costs, resulting from written procedures for handling ACM. Tenant's failure to comply with the foregoing provisions related to ACMs and asbestos, including, without limitation, the failure to notify Landlord in the manner described above. Tenant will further indemnify, defend, protect and hold Landlord harmless from any and all claims (known and unknown), losses, liabilities or damages (including attorneys' fees) relating to exposure to or injury caused or aggravated by ACMs, directly or indirectly, from Tenant's failure to follow the prescribed safety requirements, precautions and procedures outlined in the Reports as the same may be hereinafter modified, updated or revised; or which results from Tenant's failure to inform individuals and employees of Tenant of the contents of the Reports, including, without limitation, failure to so inform individuals who are so undertaking alterations, renovations, maintenance or repairs of ACMs containing areas of the Premises or the Building; or which results from any failure of such individuals or Tenant's employees to comply with recommendations or requirements set forth in the Reports. By its execution of this Lease, Tenant acknowledges that the notice set forth hereinabove immediately preceding sentence shall constitute the notice required an Event of Default under California Health and Safety Code Section 25915.5. (c) Tenant shall have no liability for the removal or remediation of Hazardous Material existing in the Building prior to the date of the execution and delivery Paragraph 25 of this Lease. Subject to TenantTenant may obtain a copy of Landlord's obligations in Section 48, Landlord shall indemnify, defend, protect and hold Tenant harmless written procedures for handling ACM from any and all claims, losses, liabilities or damages, including reasonable attorney's fees and costs, resulting from or arising out of the presence of any Hazardous Material found on, in or under the Building or Premises, other than any Hazardous Materials brought into the Premises or Building by Tenant and Tenant's agents, employees and contractors and any claims, losses, liabilities or damages resulting from or arising out of the negligence of Tenant, its agents, employees, contractors or inviteesoffice.

Appears in 1 contract

Samples: Office Lease (Norcal Waste Systems Inc)

Hazardous Substance Disclosure. (a) California law requires landlords to disclose to tenants the existence of certain Hazardous Materialshazardous substances. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items items, and asbestos-containing materials ("ACM") must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain Hazardous Materialshazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain Hazardous Materialshazardous substances. Although smoking is prohibited in the public areas or of the Building, these areas may may, from time to time time, be exposed to tobacco smoke. Building occupants and other persons entering the Building from time to time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain Hazardous Materials. (b) Tenant acknowledges that hazardous substances. Further, certain reports and letters (collectively "Reports") dealing with portions of the presence of ACMs Building contain ACM in the form of fireproofing on structural elements, heat insulation sealed within fire doors, and small areas of resilient floor tile, but these areas are generally inaccessible to Building are available for its review in occupants and visitors, such as machinery and utility rooms, the property management office inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Building. The Reports contain the specific locations within the Building where ACMs are present, describe potential health risks or impacts that may result from exposure to asbestos contained in the ACMs, and set forth certain information to convey that moving, drilling, boring or otherwise disturbing the ACMs may present a health risk, and consequently, should not be attempted by Premises with resxxxx xx any person who is not qualified to handle ACMs. Tenant acknowledges that it is aware of the existence, location and condition of ACMs, both friable and non-friable in the Building and (if applicable) in the Premiseshazardous substances. Tenant agrees that it not to expose or disturb any ACM unless Landlord has been afforded full xxxxx Tenant prior written consent thereto and adequate opportunity to inspect or otherwise evaluate asbestos and ACMs in the Building and Premises and that, subject to the Work Letter, by taking possession of the Premises, it accepts the condition of such Premises and the Building with respect thereto. During the Lease Term, and so long as Tenant occupies any portion of the Premises, Tenant shall familiarize itself and comply complies with all recommendations under the Reports, with respect to the maintenance of any applicable Legal Requirements and all ACMs in the Premises so as to prevent the release of any asbestos fibers or other ACMsLandlord's written procedures for handling ACM. Tenant shall be responsible for insuring that all employees of Tenant and all individuals entering the Premises are aware of the matters set forth in the Reports with respect to the presence of ACMs in the Premises and the Building. To the extent any individuals enter the Premises, who are not engaged by Landlord, to perform maintenance, repairs, alterations or renovations, such individuals will be apprised by Tenant of the presence of ACMs and Tenant will make the contents of the Reports available to such individuals to ensure that all statutes, codes and regulations applicable to the handling of all ACMs in the Building. Tenant shall inform Landlord in a timely manner of any work to be undertaken in the Premises that may disturb any ACMs, so that Landlord may obtain a release, in form satisfactory to Landlord in its sole discretion, copy of Landlord's written procedures for handling ACM from those involved in such activities with respect to any liability accruing from such work undertaken in the Premises. Such notification shall be in addition to, and not in lieu of, any and all notifications and consents required under this Lease with respect to alterations or other work in the Premises by Tenant. Tenant shall indemnify, defend, protect and hold Landlord harmless from any and all claims, losses, liabilities or damages, including attorney's fees and costs, resulting from Tenant's failure to comply with the foregoing provisions related to ACMs and asbestos, including, without limitation, the failure to notify Landlord in the manner described above. Tenant will further indemnify, defend, protect and hold Landlord harmless from any and all claims (known and unknown), losses, liabilities or damages (including attorneys' fees) relating to exposure to or injury caused or aggravated by ACMs, directly or indirectly, from Tenant's failure to follow the prescribed safety requirements, precautions and procedures outlined in the Reports as the same may be hereinafter modified, updated or revised; or which results from Tenant's failure to inform individuals and employees of Tenant of the contents of the Reports, including, without limitation, failure to so inform individuals who are so undertaking alterations, renovations, maintenance or repairs of ACMs containing areas of the Premises or the Building; or which results from any failure of such individuals or Tenant's employees to comply with recommendations or requirements set forth in the Reports. By its execution of this Lease, Tenant acknowledges that the notice set forth hereinabove shall constitute the notice required under California Health and Safety Code Section 25915.5. (c) Tenant shall have no liability for the removal or remediation of Hazardous Material existing in the Building prior to the date of the execution and delivery of this Lease. Subject to Tenant's obligations in Section 48, Landlord shall indemnify, defend, protect and hold Tenant harmless from any and all claims, losses, liabilities or damages, including reasonable attorney's fees and costs, resulting from or arising out of the presence of any Hazardous Material found on, in or under the Building or Premises, other than any Hazardous Materials brought into the Premises or Building by Tenant and Tenant's agents, employees and contractors and any claims, losses, liabilities or damages resulting from or arising out of the negligence of Tenant, its agents, employees, contractors or inviteesofxxxx.

Appears in 1 contract

Samples: Office Lease (Sharper Image Corp)

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Hazardous Substance Disclosure. (a) California law requires landlords to ------------------------------ disclose to tenants the existence of certain Hazardous Materialshazardous substances. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items items, and asbestos-containing materials ("ACM") must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building are found in the utility areas of the Building not generally accessible to Building occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain Hazardous Materialshazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building may contain Hazardous Materialshazardous substances. Although smoking is prohibited in the public areas or of the Building, these areas may may, from time to time time, be exposed to tobacco smoke. Building occupants and other persons entering the Building from time to time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain Hazardous Materials. (b) Tenant acknowledges that hazardous substances. Further, certain reports and letters (collectively "Reports") dealing with portions of the presence of ACMs Building contain ACM in the form of pipe insulation located in areas generally inaccessible to Building are available for its review in occupants and visitors, such as machinery and utility rooms, the property management office inside of sealed walls and above suspended ceilings. Landlord has made no special investigation of the Building. The Reports contain the specific locations within the Building where ACMs are present, describe potential health risks or impacts that may result from exposure to asbestos contained in the ACMs, and set forth certain information to convey that moving, drilling, boring or otherwise disturbing the ACMs may present a health risk, and consequently, should not be attempted by any person who is not qualified to handle ACMs. Tenant acknowledges that it is aware of the existence, location and condition of ACMs, both friable and non-friable in the Building and (if applicable) in the Premises. Tenant agrees that it has been afforded full and adequate opportunity to inspect or otherwise evaluate asbestos and ACMs in the Building and Premises and that, subject to the Work Letter, by taking possession of the Premises, it accepts the condition of such Premises and the Building with respect thereto. During the Lease Term, and so long as Tenant occupies any portion of the Premises, Tenant shall familiarize itself and comply with all recommendations under the Reports, with respect to the maintenance of any and all ACMs in the Premises so as to prevent the release of any asbestos fibers or other ACMs. Tenant shall be responsible for insuring that all employees of Tenant and all individuals entering the Premises are aware of the matters set forth in the Reports with respect to the presence of ACMs in the Premises and the Building. To the extent any individuals enter the Premises, who are not engaged by Landlord, to perform maintenance, repairs, alterations or renovations, such individuals will be apprised by Tenant of the presence of ACMs and Tenant will make the contents of the Reports available to such individuals to ensure that all statutes, codes and regulations applicable to the handling of all ACMs in the Building. Tenant shall inform Landlord in a timely manner of any work to be undertaken in the Premises that may disturb any ACMs, so that Landlord may obtain a release, in form satisfactory to Landlord in its sole discretion, from those involved in such activities with respect to any liability accruing from such work undertaken in the Premises. Such notification shall be in addition to, and not in lieu of, any and all notifications and consents required under this Lease with respect to alterations or other work in the Premises by Tenanthazardous substances. Tenant shall indemnify, defend, protect agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto and hold Landlord harmless from any Tenant complies with all applicable Legal Requirements and all claims, losses, liabilities or damages, including attorneyLandlord's fees and costs, resulting from written procedures for handling ACM. Tenant's failure to comply with the foregoing provisions related to ACMs and asbestos, including, without limitation, the failure to notify Landlord in the manner described above. Tenant will further indemnify, defend, protect and hold Landlord harmless from any and all claims (known and unknown), losses, liabilities or damages (including attorneys' fees) relating to exposure to or injury caused or aggravated by ACMs, directly or indirectly, from Tenant's failure to follow the prescribed safety requirements, precautions and procedures outlined in the Reports as the same may be hereinafter modified, updated or revised; or which results from Tenant's failure to inform individuals and employees of Tenant of the contents of the Reports, including, without limitation, failure to so inform individuals who are so undertaking alterations, renovations, maintenance or repairs of ACMs containing areas of the Premises or the Building; or which results from any failure of such individuals or Tenant's employees to comply with recommendations or requirements set forth in the Reports. By its execution of this Lease, Tenant acknowledges that the notice set forth hereinabove immediately preceding sentence shall constitute the notice required an Event of Default under California Health and Safety Code Section 25915.5. (c) Tenant shall have no liability for the removal or remediation of Hazardous Material existing in the Building prior to the date of the execution and delivery Paragraph 25 of this Lease. Subject to TenantTenant may obtain a copy of Landlord's obligations in Section 48, Landlord shall indemnify, defend, protect and hold Tenant harmless written procedures for handling ACM from any and all claims, losses, liabilities or damages, including reasonable attorney's fees and costs, resulting from or arising out of the presence of any Hazardous Material found on, in or under the Building or Premises, other than any Hazardous Materials brought into the Premises or Building by Tenant and Tenant's agents, employees and contractors and any claims, losses, liabilities or damages resulting from or arising out of the negligence of Tenant, its agents, employees, contractors or inviteesoffice.

Appears in 1 contract

Samples: Office Lease (Bea Systems Inc)

Hazardous Substance Disclosure. (a) California law requires landlords to disclose to tenants the existence of certain Hazardous Materialshazardous substances. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items items, and asbestos-containing materials (“ACM”) must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building Real Property are found in the utility areas of the Building Real Property not generally accessible to Building Real Property occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain Hazardous Materialshazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building Real Property may contain Hazardous Materialshazardous substances. Although smoking is prohibited in the public areas or of the BuildingReal Property, these areas may may, from time to time time, be exposed to tobacco smoke. Building Real Property occupants and other persons entering the Building Real Property from time to time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain Hazardous Materials. (b) Tenant acknowledges that certain reports and letters (collectively "Reports") dealing with the presence of ACMs in the Building are available for its review in the property management office hazardous substances. During original construction of the Building. The Reports contain the specific locations within the Building where ACMs are present, describe potential health risks or impacts that may result from exposure asbestos-containing mastic was used to asbestos contained bond floor tile in the ACMsareas adjacent to the core, but this material is generally inaccessible to Building occupants and set forth certain information to convey that movingvisitors, drilling, boring or otherwise disturbing the ACMs may present a health risk, and consequently, should not be attempted by any person who is not qualified to handle ACMs. Tenant acknowledges that as it is aware of located below the existencefloor tile. Asbestos-containing drywall-taping mud was used in Building stairwells, location restroom walls and condition of ACMselevator lobbies, both friable but this material is generally inaccessible to Building occupants and non-friable in the Building and (if applicable) in the Premisesvisitors. Tenant agrees that it has been afforded full and adequate opportunity not to inspect expose or otherwise evaluate asbestos and ACMs disturb any ACM referenced in the Building immediately preceding sentence unless Landlord has given Tenant prior written consent thereto and Premises and that, subject to the Work Letter, by taking possession of the Premises, it accepts the condition of such Premises and the Building with respect thereto. During the Lease Term, and so long as Tenant occupies any portion of the Premises, Tenant shall familiarize itself and comply complies with all recommendations under the Reports, with respect to the maintenance of any applicable Legal Requirements and all ACMs in the Premises so as to prevent the release of any asbestos fibers or other ACMsLandlord’s written procedures for handling ACM. Tenant shall be responsible for insuring that all employees of Tenant and all individuals entering the Premises are aware of the matters set forth in the Reports with respect to the presence of ACMs in the Premises and the Building. To the extent any individuals enter the Premises, who are not engaged by Landlord, to perform maintenance, repairs, alterations or renovations, such individuals will be apprised by Tenant of the presence of ACMs and Tenant will make the contents of the Reports available to such individuals to ensure that all statutes, codes and regulations applicable to the handling of all ACMs in the Building. Tenant shall inform Landlord in a timely manner of any work to be undertaken in the Premises that may disturb any ACMs, so that Landlord may obtain a release, in form satisfactory to Landlord in its sole discretion, copy of Landlord’s written procedures for handling ACM from those involved in such activities with respect to any liability accruing from such work undertaken in the Premises. Such notification shall be in addition to, and not in lieu of, any and all notifications and consents required under this Lease with respect to alterations or other work in the Premises by Tenant. Tenant shall indemnify, defend, protect and hold Landlord harmless from any and all claims, losses, liabilities or damages, including attorney's fees and costs, resulting from Tenant's failure to comply with the foregoing provisions related to ACMs and asbestos, including, without limitation, the failure to notify Landlord in the manner described above. Tenant will further indemnify, defend, protect and hold Landlord harmless from any and all claims (known and unknown), losses, liabilities or damages (including attorneys' fees) relating to exposure to or injury caused or aggravated by ACMs, directly or indirectly, from Tenant's failure to follow the prescribed safety requirements, precautions and procedures outlined in the Reports as the same may be hereinafter modified, updated or revised; or which results from Tenant's failure to inform individuals and employees of Tenant of the contents of the Reports, including, without limitation, failure to so inform individuals who are so undertaking alterations, renovations, maintenance or repairs of ACMs containing areas of the Premises or the Building; or which results from any failure of such individuals or Tenant's employees to comply with recommendations or requirements set forth in the Reports. By its execution of this Lease, Tenant acknowledges that the notice set forth hereinabove shall constitute the notice required under California Health and Safety Code Section 25915.5. (c) Tenant shall have no liability for the removal or remediation of Hazardous Material existing in the Building prior to the date of the execution and delivery of this Lease. Subject to Tenant's obligations in Section 48, Landlord shall indemnify, defend, protect and hold Tenant harmless from any and all claims, losses, liabilities or damages, including reasonable attorney's fees and costs, resulting from or arising out of the presence of any Hazardous Material found on, in or under the Building or Premises, other than any Hazardous Materials brought into the Premises or Building by Tenant and Tenant's agents, employees and contractors and any claims, losses, liabilities or damages resulting from or arising out of the negligence of Tenant, its agents, employees, contractors or inviteesoffice.

Appears in 1 contract

Samples: Office Lease (New Relic Inc)

Hazardous Substance Disclosure. (a) California law requires landlords to disclose to tenants the existence of certain Hazardous Materialshazardous substances. Accordingly, the existence of gasoline and other automotive fluids, asbestos containing materials, maintenance fluids, copying fluids and other office supplies and equipment, certain construction and finish materials, tobacco smoke, cosmetics and other personal items items, and ACM must be disclosed. Gasoline and other automotive fluids are found in the garage area of the Building. Cleaning, lubricating and hydraulic fluids used in the operation and maintenance of the Building Premises are found in the utility areas of the Building Premises not generally accessible to Building Premises occupants or the public. Many Building occupants use copy machines and printers with associated fluids and toners, and pens, markers, inks, and office equipment that may contain Hazardous Materialshazardous substances. Certain adhesives, paints and other construction materials and finishes used in portions of the Building Premises may contain Hazardous Materialshazardous substances. Although smoking is prohibited in the public areas or of the BuildingPremises, these areas may may, from time to time time, be exposed to tobacco smoke. Building Premises occupants and other persons entering the Building Premises from time to time-to-time may use or carry prescription and non-prescription drugs, perfumes, cosmetics and other toiletries, and foods and beverages, some of which may contain Hazardous Materials. (b) Tenant acknowledges that certain reports and letters (collectively "Reports") dealing with the presence of ACMs in the Building are available for its review in the property management office hazardous substances. 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -60- Landlord has made no special investigation of the Building. The Reports contain the specific locations within the Building where ACMs are present, describe potential health risks or impacts that may result from exposure to asbestos contained in the ACMs, and set forth certain information to convey that moving, drilling, boring or otherwise disturbing the ACMs may present a health risk, and consequently, should not be attempted by any person who is not qualified to handle ACMs. Tenant acknowledges that it is aware of the existence, location and condition of ACMs, both friable and non-friable in the Building and (if applicable) in the Premises. Tenant agrees that it has been afforded full and adequate opportunity to inspect or otherwise evaluate asbestos and ACMs in the Building and Premises and that, subject to the Work Letter, by taking possession of the Premises, it accepts the condition of such Premises and the Building with respect thereto. During the Lease Term, and so long as Tenant occupies any portion of the Premises, Tenant shall familiarize itself and comply with all recommendations under the Reports, with respect to the maintenance of any and all ACMs in the Premises so as to prevent the release of any asbestos fibers or other ACMs. Tenant shall be responsible for insuring that all employees of Tenant and all individuals entering the Premises are aware of the matters set forth in the Reports with respect to the presence of ACMs in the Premises and the Building. To the extent any individuals enter the Premises, who are not engaged by Landlord, to perform maintenance, repairs, alterations or renovations, such individuals will be apprised by Tenant of the presence of ACMs and Tenant will make the contents of the Reports available to such individuals to ensure that all statutes, codes and regulations applicable to the handling of all ACMs in the Building. Tenant shall inform Landlord in a timely manner of any work to be undertaken in the Premises that may disturb any ACMs, so that Landlord may obtain a release, in form satisfactory to Landlord in its sole discretion, from those involved in such activities with respect to any liability accruing from such work undertaken in hazardous substances. Notwithstanding the Premises. Such notification shall be in addition to, and not in lieu of, any and all notifications and consents required under this Lease with respect to alterations or other work in the Premises by Tenant. Tenant shall indemnify, defend, protect and hold Landlord harmless from any and all claims, losses, liabilities or damages, including attorney's fees and costs, resulting from Tenant's failure to comply with the foregoing provisions related to ACMs and asbestos, including, without limitation, the failure to notify Landlord in the manner described above. Tenant will further indemnify, defend, protect and hold Landlord harmless from any and all claims (known and unknown), losses, liabilities or damages (including attorneys' fees) relating to exposure to or injury caused or aggravated by ACMs, directly or indirectly, from Tenant's failure to follow the prescribed safety requirements, precautions and procedures outlined in the Reports as the same may be hereinafter modified, updated or revised; or which results from Tenant's failure to inform individuals and employees of Tenant of the contents of the Reports, including, without limitation, failure to so inform individuals who are so undertaking alterations, renovations, maintenance or repairs of ACMs containing areas of the Premises or the Building; or which results from any failure of such individuals or Tenant's employees to comply with recommendations or requirements set forth in the Reports. By its execution of this Leaseforegoing, Tenant acknowledges that the notice set forth hereinabove shall constitute the notice required under California Health agrees not to expose or disturb any ACM unless Landlord has given Tenant prior written consent thereto and Safety Code Section 25915.5Tenant complies with all applicable Legal Requirements and Landlord’s written procedures for handling ACM. (c) Tenant shall have no liability for the removal or remediation of Hazardous Material existing in the Building prior to the date of the execution and delivery of this Lease. Subject to Tenant's obligations in Section 48, Landlord shall indemnify, defend, protect and hold Tenant harmless from any and all claims, losses, liabilities or damages, including reasonable attorney's fees and costs, resulting from or arising out of the presence of any Hazardous Material found on, in or under the Building or Premises, other than any Hazardous Materials brought into the Premises or Building by Tenant and Tenant's agents, employees and contractors and any claims, losses, liabilities or damages resulting from or arising out of the negligence of Tenant, its agents, employees, contractors or invitees.

Appears in 1 contract

Samples: Office Lease (Warner Music Group Corp.)

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