Common use of Hazardous Waste and Materials Clause in Contracts

Hazardous Waste and Materials. Tenant shall not dispose of or otherwise allow the release of any hazardous waste or materials in, on or under the Leased Premises, or any adjacent property, or in any improvements placed on the Leased Premises. Tenant represents and warrants to Landlord that Tenant's intended use of the Premises does not involve the use, production, disposal or bringing on to the Leased Premises of any hazardous waste or materials. As used herein, the term "hazardous waste or materials" includes any substance, waste or material defined or designated as hazardous, toxic or dangerous (or any similar term) by any federal, state or local statute, regulation, rule or ordinance now or hereafter in effect. Tenant shall promptly comply with all statutes, regulations and ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials in, on or under the Leased Premises or any adjacent property, or incorporated in any improvements, at Tenant's expense. Tenant shall notify Landlord immediately of any release of any hazardous waste or materials on the Leased Premises. Tenant agrees to indemnify and hold Landlord harmless against any and all losses, liabilities, suits, obligations, fines, damages, judgments, penalties, claims, charges, cleanup costs, remedial actions, costs and expenses (including, without limitations, attorneys' fees and disbursements) which may be imposed on, incurred or paid by, or asserted against Landlord or the Premises by reason of, or in connection with (i) any misrepresentation, breach of warranty or other default by Tenant under this Lease, or (ii) the acts or omissions of Tenant, or any subtenant or other person or entity acting through or on account of Tenant, resulting in the release of any hazardous waste or materials. To the best of Landlord's knowledge the Premises do not contain any hazardous waste. Tenant further acknowledges that Landlord has not made any warranty or representation covering the presence or absence of any hazardous waste or materials in, on, under, or about the Building or the Leased Premises, any adjacent property, or in any improvements placed in the Building or the Leased Premises. If Landlord is required by any statute, regulation, order, decree, judgment, or other law to take any action to remove or xxxxx any hazardous waste or materials, or if Landlord deems it necessary to conduct special maintenance or testing procedures with regard to any hazardous waste or materials, or to remove or xxxxx such hazardous waste or materials, Landlord may take such action or conduct such procedures at times and in a manner that Landlord deems appropriate under the circumstances, and Tenant shall permit the same.

Hazardous Waste and Materials. Tenant shall not dispose of or otherwise allow the release of any hazardous waste or materials in, on or under the Leased Premises, or any adjacent property, or in any improvements placed on the Leased Premises. Tenant represents and warrants to Landlord that Tenant's intended use of the Premises does not involve the use, production, disposal or bringing on to the Leased Premises of any hazardous waste or materials. As used herein, the term "“hazardous waste or materials" ” includes any substance, waste or material defined or designated as hazardous, toxic or dangerous (or any similar term) by any federal, state or local statute, regulation, rule or ordinance now or hereafter in effect. Tenant shall promptly comply with all statutes, regulations and ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials in, on or under the Leased Premises or any adjacent property, or incorporated in any improvements, at Tenant's expense. Tenant shall not allow smoke of any kind in the Leased Premises, including but not limited to, smoke from cigarettes, pipes and cigars unless Tenant provides, at Tenant's sole expense, an air supply and exhaust system which is one hundred percent separated from the Building air system shared with other tenants. After notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord may, but is not obligated to, enter upon the Leased Premises and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the Leased Premises; provided, however, that Landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if (1) such delay might result in material adverse harm to Landlord or the Leased Premises, (2) Tenant has already had actual knowledge of the situation and a reasonable opportunity to effect such compliance, or (3) an emergency exists. Whether or not Tenant has actual knowledge of the release of hazardous waste or materials on the Premises or any adjacent property as the result of Tenant's use of the Leased Premises, Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such compliance activities, and such obligation shall continue even after the termination of this Lease. Tenant shall notify Landlord immediately of any release of any hazardous waste or materials on the Leased Premises. Tenant agrees to indemnify and hold Landlord harmless against any and all losses, liabilities, suits, obligations, fines, damages, judgments, penalties, claims, charges, cleanup costs, remedial actions, costs and expenses (including, without limitations, attorneys' fees and disbursements) which may be imposed on, incurred or paid by, or asserted against Landlord or the Premises by reason of, or in connection with (i1) any misrepresentation, breach of warranty or other default by Tenant under this Lease, or (ii2) the acts or omissions of Tenant, or any subtenant or other person or entity acting through or on account of Tenantfor whom Tenant would otherwise be liable, resulting in the release of any hazardous waste or materials. To the best of Landlord's knowledge Tenant acknowledges that the Premises do not may contain any hazardous waste. asbestos materials, and Tenant further acknowledges that Landlord has not made any warranty or representation covering accepts the presence or absence of any hazardous waste or materials in, on, under, or about Premises and the Building or the Leased Premises, any adjacent property, or in any improvements placed in the Building or the Leased Premisesnotwithstanding such materials. If Landlord is required by any statute, regulation, order, decree, judgment, or other law to take any action to remove or xxxxx any hazardous waste or the asbestos materials, or if Landlord deems it necessary to conduct special maintenance or testing procedures with regard to any hazardous waste or the asbestos materials, or to remove or xxxxx such hazardous waste or materialsasbestos material, Landlord may take such action or conduct such procedures at times and in a manner that Landlord deems appropriate under the circumstances, and Tenant shall permit the same.