Hazardous Substances or Materials Sample Clauses
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Hazardous Substances or Materials. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm any Leased Property or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of any Leased Property, or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto any Leased Property any such materials or substances; permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to any Leased Property. Landlord may inspect the Leased Property from time to time, and Tenant will cooperate with such inspections. Without limitation, "hazardous substances" for the purpose of this Section 5.02 shall include any substances regulated by any local, state or federal law relating to environmental conditions and industrial hygiene, including, without limitation, the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Materials Transportation Act, the Federal Water Pollution Control Act, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the Safe Drinking Water Act, and all similar federal, state and local environmental statutes, ordinances and the regulations, orders, or decrees now or hereafter promulgated thereunder. Notwithstanding the foregoing, Tenant anticipates using, storing and disposing of certain hazardous substances in connection with operation of correctional or detention facilities which are not in violation of the foregoing laws. Such substances include, but are not limited to the following: medical wastes, diesel fuel, maintenance and janitorial supplies, and waste from reprographic activities. Upon request by Landlord, Tenant shall submit to Landlord annual reports regarding Tenant's use, storage, and disposal of any of the foregoing materials, said reports to include information regarding continued hazardous materials inspections, personal interviews, and federal, sta...
Hazardous Substances or Materials. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm any Leased Property or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of any Leased Property, or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto any Leased Property any such materials or substances; permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to any Leased Property. Landlord may inspect the Leased Property from time to time, and Tenant will cooperate with such inspections. Without limitation, "hazardous substances" for the purposes of this Section 5.02 shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. and the regulations adopted thereunder, and hazardous materials shall include such materials as are described in the Resource Conservation and Recovery Act, as amended, 42 U.S.
Hazardous Substances or Materials. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm any Leased Property or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of any Leased Property, or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto any Leased Property any such materials or substances; permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to any Leased Property. Landlord may inspect the Leased Property from time to time, and Tenant will cooperate with such inspections.
Hazardous Substances or Materials. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm any Leased Property or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of any Leased Property, or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto any Leased Property any such materials or substances; permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to any Leased Property. Landlord may inspect the Leased Property from time to time, and Tenant will cooperate with such inspections. Without limitation, "hazardous substances" for the purposes of this Section 5.02 shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. and the regulations adopted thereunder, and hazardous materials shall include such materials as are described in the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq.; and hazardous substances or hazardous materials shall also include any substance or material described in any applicable statute of any state in which Leased Properties are located, and in any regulations adopted under any of these acts. Upon request by Landlord, Tenant shall submit to Landlord quarterly reports regarding Tenant's use, storage, and disposal of any of the foregoing materials, said reports to include information regarding continued hazardous materials inspections, personal interviews, and federal, state and local agency listings. 15 In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence or absence of hazardous materials on the Leased Property. In all events, Tenant shall indemnify Landlord and all mortgagees of any Leased Property from any release of hazardous materials on the Leased Property occurring while Tenant is in possession, all costs and expenses and claims arising from the release of, or discovery of the...
Hazardous Substances or Materials. The User agrees that it shall not
Hazardous Substances or Materials. If the Leased Property was owned or operated by Tenant prior to the date Landlord acquired such Leased Property, then Tenant warrants and represents to Landlord as of the date of this Agreement the following: (a) no Hazardous Materials (as hereinafter defined) have been installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, or otherwise present in, on or under the Property by or to Tenant's knowledge; (b) no activity has been undertaken on the Leased Property by Tenant or to Tenant's knowledge which would cause (i) the Leased Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Leased Property within the ambit of any Hazardous Materials Law (as hereinafter defined), (ii) a release or threatened release of Hazardous Materials from the Leased Property within the meaning of, or otherwise bring the Leased Property within the ambit of, any Hazardous Materials Law or (iii) the discharge of Hazardous Materials into any watercourse, body of surface or subsurface water or wetland, or the discharge into the atmosphere of any Hazardous Materials which would require a permit under any Hazardous Materials Law; (c) no activity has been undertaken with respect to the Leased Property by Tenant or to Tenant's knowledge which would cause a violation or support a claim under any Hazardous Materials Law; (d) no investigation, administrative order, litigation or settlement with respect to any Hazardous Materials is in existence with respect to the Leased Property, nor, to Tenant's knowledge, is any of the foregoing threatened; (e) no notice has been received by Tenant from any entity, governmental body or individual claiming any violation of any Hazardous Materials Law, or requiring compliance with any Hazardous Materials Law, or demanding payment or contribution for environmental damage or injury to natural resources; (f) Tenant has not obtained and, to Tenant's knowledge, is not required to obtain, and Tenant has no knowledge of any reason Landlord will be required to obtain, any permits, licenses, or similar authorizations to occupy, operate or use the Improvements or any part of the Leased Property by reason of any Hazardous Materials Law. Notwithstanding the representations made herein, such representations are and shall be deemed to be limited by the matters detailed in any Phase I Preliminary Site Assessment or other environmental report obtain...
Hazardous Substances or Materials. Seller warrants and represents that Seller is unaware of the presence of any hazardous, toxic, or dangerous material being located on the Property or in the soils, ground or subsurface of the Property. Seller shall provide to Purchaser, within ten (10) days of the effective date of this Contract, all documents in Seller’s possession, custody or control relating to the presence, or lack thereof, of hazardous, toxic, or dangerous materials, or any substance currently regulated, prohibited, or defined by the Federal or State government as requiring remediation, In addition to Seller’s warranty, and not in lieu of it, Seller agrees that Purchaser, its agents, contractors and/or employees shall have a period of sixty (60) days after the effective date of this Contract to enter upon the Property for the purpose of conducting soil tests and any other environmental study Purchaser elects, to determine the presence, or lack thereof, of hazardous, toxic, or dangerous materials, or any substance currently regulated, prohibited, or defined by the Federal or State government as requiring remediation, on the Property or in the soils, ground or subsurface of the Property. In the event Purchaser determines, in its sole judgment, that the Property contains any such substances, Purchaser shall have the right to terminate this Contract by written notice to Seller, postmarked on or before the expiration of the said sixty (60) day period, and in the event of such termination, the Title Company shall immediately return to Purchaser the herein provided ▇▇▇▇▇▇▇ Money.
Hazardous Substances or Materials. Subcontractor is not responsible for the discovery, presence, handling, removal or disposal of, or exposure of persons to a pre-existing Hazardous Substance or Material in any form at the Project site unless abatement is included in Subcontractor’s Work or unless Subcontractor’s or any of its tier-subcontractors’ or suppliers’ action or inaction exacerbates the situation or causes further damage. Subcontractor will not bring onto the site or use any Hazardous Substances or Materials unless specified in the Construction Documents, and only provided that Subcontractor complies with all safety regulations and procedures under applicable law for the handling and disposal of such Hazardous Substances or Materials. If Subcontractor encounters a material reasonably believed to be a Hazardous Substance or Material on site, Subcontractor will immediately stop Work in the affected area and verbally report the condition to Contractor followed by written communication and undertake any precautionary measures directed by Contractor. Work will not resume in the affected area until the Hazardous Substance or Material is rendered harmless or removed, as determined by a licensed laboratory retained by the Owner. Subcontractor agrees that it will not have or make any claim for damages due to Work stoppages arising from unsafe conditions. Failure on the part of the Contractor to stop unsafe practices does not relieve or diminish the Subcontractor’s safety responsibilities for its Work. Nothing contained
Hazardous Substances or Materials. 23.1. Contractor is prohibited from, and will prohibit its Subcontractors of every tier from, bringing onto the Project Site or using in the performance of the Work any toxic material including, but not limited to, asbestos, asbestos containing material (ACM) or product, polychlorinated bi-phenyls (PCB), lead contaminated material, or any substances that are regulated by any governmental entity (“Hazardous Materials”).
23.1.1. For purposes of this Agreement, the term Hazardous Materials means, without limitation:
(i) any chemical, compound, or substance that is defined or listed in, or otherwise classified pursuant to, any Applicable Law as a hazardous substance, hazardous waste, hazardous material, radioactive waste, infectious waste, biohazardous waste, toxic substance, pollutant, or contaminant; (ii) petroleum, natural gas, liquefied natural gas, synthetic gas usable as fuel;