Industrial Site Recovery Act. (a) Tenant represents and warrants that it is not an “Industrial Establishment” as that term is defined in the Industrial Site Recovery Act, N.J.S.A. 13:1k-6 et seq., as same may be amended from time to time (the “Act”). Tenant shall not do or suffer anything that will cause it to become an Industrial Establishment under the Act during the Term of this Lease. Landlord may from time to time require Tenant at Tenant’s sole expense to provide proof satisfactory to Landlord that Tenant is not an Industrial Establishment. In the event that Tenant now is or hereafter becomes an Industrial Establishment, Tenant shall comply with all conditions as set forth below.
(b) Tenant agrees that it shall, at its sole cost and expense, fulfill, observe and comply with all of the terms and provisions of the Act and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Act by the Department of Environmental Protection (“DEP”), or any subdivision or bureau thereof or any other governmental or quasi-governmental agency, authority or body having jurisdiction thereof. (The Act and all said rules, regulations, ordinances, opinions, orders and directives are hereinafter collectively referred to as “ISRA”).
(c) Nothing in this Section shall be construed as limiting Tenant’s obligation to otherwise comply with ISRA.
(d) Tenant agrees that each and every provision of this Section 8.02 shall survive the expiration or early termination of the Term of this Lease. The parties hereto expressly acknowledge and agree that the Landlord would not enter into this Lease but for the provisions of this Section 8.02 and the survival of these representations.
(e) Tenant represents and warrants that it is not, and will not become, an industrial establishment as the term is defined in the aforementioned statute and that from the date of the execution of this Lease forward Tenant will be bound by all of the provisions of Article 8.02(a), (b), (c) and (d).
Industrial Site Recovery Act. Seller shall comply in all respects at its sole expense with the New Jersey Industrial Site Recovery Act (“ISRA”) with respect to all real properties owned, leased or operated in New Jersey by Seller and/or any of its Selling Subsidiaries in connection with the transactions contemplated by this Agreement prior to the Closing Date or the Termination Date, to the extent applicable, including without limitation, preparing, filing and executing all required notices, forms and agreements with the New Jersey Department of Environmental Protection (“Seller’s ISRA Obligations”) and shall comply in all respects at its sole expense with any Environmental Laws applicable to any release of Hazardous Substances identified in Buyer’s Phase I Environmental Site Assessment of the Transferred Real Property located in Mahwah, New Jersey (“Seller’s Additional Environmental Obligations”); provided, however:
(a) Seller’s ISRA Obligations and Seller’s Additional Environmental Obligations shall be limited to meeting the Appropriate Remediation Standard. To the extent acceptable to Governmental Entities, the parties agree to utilize institutional controls and engineering controls (including, without limitation, capping, signs, fences and deed restrictions on the use of real property or groundwater) to meet the Appropriate Remediation Standard and to cooperate in obtaining all necessary approvals of the use of such controls.
(b) Seller’s ISRA Obligations and Seller’s Additional Environmental Obligations shall not include the investigation or remediation of any release of Hazardous Substances occurring on or after the Closing Date or to the extent such investigation or remediation results or arises from Buyer’s exacerbation of any release of Hazardous Substances which occurred prior to the Closing Date.
(c) After the Closing Date, Buyer shall provide Seller, and Seller’s consultants, contractors, agents and representatives with reasonable access to the Transferred Real Property in Mahwah, New Jersey, to allow Seller to complete Seller’s ISRA Obligations and Seller’s Additional Environmental Obligations at reasonable times and upon reasonable advance notice.
(d) After the Closing Date, Seller shall take reasonable precaution to minimize any interference with or disruption of Buyer’s operations at the Transferred Real Property in Mahwah, New Jersey caused by Seller’s ISRA Obligations and Seller’s Additional Environmental Obligations.
(e) Seller shall keep Buyer reasonably informed of...
Industrial Site Recovery Act. Seller, before the Closing Date, at its sole cost and expense, shall apply for and obtain from the New Jersey Department of Environmental Protection (“NJDEP”) a letter confirming that the industrial establishment, as that term is defined by the New Jersey Industrial Site Recovery Act, N.J. Stat. § 13:1K-6, et seq., and its associated regulations (“ISRA”) operated by Xxxxxx-CTI, Inc. at Whippany, NJ, is exempt from the substantive requirements of ISRA based on the de minimis quantity exemption criteria set forth at N.J. A.C. 7:26B-5.
Industrial Site Recovery Act. (a) Tenant represents and warrants that it is not an "Industrial Establishment" as that term is defined in the Industrial Site Recovery Act, formerly known as the Environmental Cleanup Responsibility Act, N.J.
Industrial Site Recovery Act. (a) The Seller shall, at its sole cost and expense, comply with all requirements of ISRA that are triggered by this Agreement or the transactions contemplated hereby (the “Seller’s ISRA Compliance”). Without limiting the generality of the foregoing, the Seller will undertake any and all actions necessary to obtain an entire site response action outcome under ISRA, including: (i) retaining the services of a “Licensed Site Remediation Professional” as defined in the Site Remediation Reform Act, N.J.S.A. Section 58:10C-1, et seq. (“LSRP”), (ii) obtaining and maintaining a remediation funding source, if necessary under ISRA, in the amount determined by the Seller’s LSRP in accordance with applicable requirements, (iii) having Seller identified pursuant to N.J.A.C. Section 7:26C-2.3 as the “Person Responsible for Conducting the Remediation” on any forms or other documents necessary to comply with ISRA, (iv) complying with related permitting and financial assurance requirements, if any, and (v) taking any other actions required to achieve Seller’s ISRA Compliance.
(b) The Seller will keep the Buyer informed of its progress in achieving the Seller’s ISRA Compliance by sending to the Buyer copies of all final submissions to NJDEP within five (5) business days of submission. The Seller shall take commercially reasonable steps to avoid any material interference or disruption of the Company’s operations during the performance of any work to achieve Seller’s ISRA Compliance.
(c) All consultants and contractors employed or engaged by the Seller in connection with Seller’s ISRA Compliance will be covered by workers’ compensation insurance in an amount as required by statute, general and automobile liability insurance with minimum limits of $1 million; and contractors and professional liability insurance with minimum limits of $5 million. All such policies, except for workers compensation and professional liability, shall name the Company as an additional insured. At the Buyer’s request, the Seller will cause such consultants or contractors to furnish certificates of insurance confirming that the required coverage is effective.
(d) Seller hereby agrees to indemnify and hold harmless the Buyer Indemnified Party from any and all claims, losses, injuries, liabilities, damages or expenses (including reasonable attorneys’ and consultants’ fees and costs), arising out of or in connection with:
(i) a violation by the Seller, LSRP or Seller’s other consultants or agents (if any)...
Industrial Site Recovery Act. (i) Tenant represents and warrants that Tenant's Standard Industrial Classification Number as designated in the Standard Classification Manual prepared by the Office of Management and Budget, and as set forth in Section 1(o) hereof, is correct. Tenant covenants and agrees to notify Landlord at least thirty (30) days prior to any change of facts which would result in the change of Tenant's Standard Industrial Classification Number from its present number.
(ii) Except for (i) the drawing of human blood from employees, and (ii) the storage and use of animal blood, each type of blood stated in (i) and (ii) to be used in connection with testing operations utilizing single use disposable cartridges, and (iii) the disposal of the by-products and residual blood from such testing, each of (i), (ii), and (iii) to be done in accordance with all applicable laws, Tenant shall not engage in operations at the Premises which involve the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of "hazardous substances" or "hazardous waste" as such terms are defined under ISRA. Tenant further covenants that it will not cause or permit to exist any "discharge" (as such term is defined under ISRA) on or about the Premises.
(A) If Tenant's operations at the Premises now or hereafter constitute an "Industrial Establishment" subject to the requirements of ISRA, then prior to: (1) closing operations or transferring ownership or operations of Tenant at the Premises (as defined under ISRA), (2) the expiration or sooner termination of this Lease, or (3) any assignment of this Lease or any subletting by Tenant of any portion of the Premises, Tenant shall, at its expense, comply with ISRA by obtaining, at Tenant's sole cost and expense, either a Letter of Non-Applicability ("LNA"), De Minimis Quantity Exemption, Remediation Agreement, Expedited Review approval, or any other applicable authorization letter issued by NJDEP ("ISRA Clearance") authorizing Tenant's ISRA-triggering event. Further, if required under ISRA, Tenant shall proceed to cause NJDEP to issue a No Further Action Letter in connection with Tenant's ISRA-triggering event. Provided, further, that in no event shall Tenant be responsible for investigation, remediation or any other actions related to contamination or conditions existing prior to the execution of this Lease. Any failure of Tenant to provide any information and submission as required under N.J.S.A. 13:1K-11.9, shall constitut...
Industrial Site Recovery Act. (a) As a condition precedent to Purchaser's obligation to close, Sellers shall have received from the New Jersey Department of Environmental Protection ("NJDEP"), pursuant to ISRA, for all of Sellers' Properties located ------ in New Jersey:
(i) a letter from NJDEP indicating that ISRA does not apply to this transaction for each such property ("LNA") or -----
(ii) a remediation agreement to permit closing to occur prior to ISRA compliance pursuant to N.J.S.A 13:1K-9 which shall be acceptable to Purchaser and shall name Purchaser as the ordered party ("Remediation ------------ Agreement") for any of Sellers' Properties located in New Jersey for which ---------- an LNA is not available (the receipt of either documents referred to in clauses (i) and (ii) shall herein be referred to as "ISRA Closing ------------- Compliance") and Sellers shall have delivered a copy thereof to Purchaser. -----------
(b) From and after Closing, Purchaser shall comply with Sellers' ISRA obligations arising from the transactions contemplated herein. Purchaser shall cooperate with Sellers and shall provide Sellers with access to the facilities at reasonable times in order for Sellers to accomplish any actions required by the State of New Jersey to the extent Purchaser is not complying with such obligations.
Industrial Site Recovery Act. Sellers and Purchaser agree that the Sellers are required to comply with the provisions of ISRA at all of their New Jersey facilities prior to Closing. The parties desire, and the Sellers agree, that the Sellers' compliance obligations shall be satisfied by receipt from the New Jersey Department of Environmental Protection ("NJDEP") of a "No Further Action Letter.
Industrial Site Recovery Act. Applicability Affidavit, New Jersey Department of Env. Protection, dated 12/01/1997.
Industrial Site Recovery Act. Section 2l.
