ISRA Compliance. (a) Tenant hereby represents and warrants to Landlord that as of the date hereof Tenant’s North American Industrial Classification System Number (“NAICS Number”) applicable to Tenant’s business is 454111 — electronic shopping, which is not subject to ISRA. Throughout the Lease Term and any renewals thereof, as the case may be, Tenant shall not change Tenant’s Permitted Use at the Leased Premises in a manner that shall result in a change of Tenant’s NAICS Number to a NAICS Number subject to ISRA without obtaining consent of Landlord, which consent Landlord shall have the right to withhold in its sole discretion; any amendment to ISRA that would subject the Permitted Use to the requirements of ISRA shall not constitute a breach of this provision or this Lease by Tenant. In the event any use of or operations at the Leased Premises shall become subject to the provisions of ISRA (but in no event is Landlord consenting to such use or operations, which is expressly prohibited), then Tenant shall, at Tenant’s own expense, comply with ISRA prior to the expiration or earlier termination of this Lease. Tenant’s obligations under ISRA shall arise if there is a triggering event which triggers the applicability of ISRA, regardless of whether triggered by Landlord or Tenant, including, without limitation, a closing of operations, a transfer of ownership or operations, or a change in ownership at or otherwise affecting the Leased Premises pursuant to ISRA. Provided this Lease is not previously cancelled or terminated by either party or by operation of Laws, Tenant shall commence its submission to the NJDEP in anticipation of the end of this Lease no later than six (6) months prior to the expiration of this Lease. If applicable, because a triggering event is unrelated to a cessation of operations by Tenant, Tenant shall comply with ISRA prior to the closing of such triggering event, and shall, at its own cost and expense, undertake and complete all filings including, without limitation, entering into a Remediation Certification with the NJDEP and posting a remediation funding source satisfactory to the NJDEP and Landlord so that the closing of the triggering event may move forward as scheduled, and thereafter Tenant shall complete compliance with ISRA in accordance with the terms and conditions of this Lease and all applicable Laws.
(b) Upon notice of a triggering event pursuant to ISRA or the cessation of Tenant’s operations or no later than six (6) months prior to the ex...
ISRA Compliance. Lessee shall, at Lessee's own expense, comply with the Industrial Site Recovery Act, N.J.
ISRA Compliance. (a) Tenant shall, at Tenant’s own expense, comply with the Industrial Site Recovery Act, N.J.
ISRA Compliance. Amneal and Impax acknowledge that the Transactions, including additional actions that may be contemplated to occur after the Closing, may require the parties thereto or their subsidiaries to comply with ISRA. If it is determined that ISRA compliance is required for the Transactions contemplated under this Agreement, each of Impax and Amneal shall provide to the other party documentation reasonably acceptable to the other that is sufficient to establish that the Closing complies with the requirements of ISRA, which may include, for any of the subject facilities, either (i) a Response Action Outcome (as defined by ISRA) letter, (ii) a NJDEP-approved de minimis quantity exemption under N.J. Admin Code §7.26B-5-9, (iii) an NJDEP-approved Remediation in Progress Waiver (as defined by ISRA), or (iv) a remediation certification, with a Remediation Funding Source (as defined by ISRA). If a remediation certification has been filed for any ISRA subject facilities, the Subsidiary that is the owner, lessee or operator of the facility (or appropriate Amneal entity, as mutually agreed to by the parties) shall be designated as the responsible party for all future actions necessary to comply with ISRA. Amneal and Impax shall reasonably cooperate with all actions taken by the other party or its Subsidiaries in furtherance of their ISRA obligations under this Section 6.15, including but not limited to signing any required certifications or submissions to NJDEP. If it is determined that ISRA compliance will be required for any post-closing actions, each of Impax and Amneal shall cooperate and cause its Subsidiaries to cooperate with the designated responsible party with regard to any actions required to comply with ISRA, including providing access to its facilities and record necessary for completion of site investigations, execution of required certifications, and completion and submission to NJDEP of such notices and applications as are reasonably necessary for the expeditious completion of the parties’ ISRA compliance obligations. It is understood that each party shall be responsible for its own ISRA compliance costs and expenses and that liability for site investigation or remediation, if any is required, shall remain the responsibility of the entity that is the owner, lessee or operator of the ISRA-subject property.
ISRA Compliance. Tenant shall, at Tenant's own expense, comply --------------- with ISRA, if applicable to Tenant. Tenant shall, at Tenant's own expense, make all submissions to, provide all information to, and comply with all applicable requirements of, the Bureau of Industrial Site Evaluation ("the Bureau") of the New Jersey Department of Environmental Protection ("NJDEP"). Should the Bureau or any other division of NJDEP determine that a cleanup plan be prepared and that a cleanup be undertaken because of any spills or discharges of hazardous substances or hazardous wastes at the Premises and not caused by Landlord which occur during the Term of this Lease, then Tenant shall, at the Tenant's own expense, prepare and submit the required plans and financial assurances, and carry out the approved plans. Tenant's obligations under this paragraph shall arise if there is any closing, terminating or transferring of operations of an industrial establishment at the Premises pursuant to ISRA. At no expense to the Landlord, Tenant shall promptly provide all information reasonably required by Landlord for preparation of non-applicability affidavits and shall promptly sign such affidavits when requested by Landlord. Tenant shall indemnify, defend and save harmless Landlord from all fines, suits, procedures, claims and actions of any kind arising out of or in any way connected with spills or discharges of hazardous substances or hazardous wastes at the Premises which occur during the Term of this Lease; and from all fines, suits, procedures, claims and actions of any kind arising out of Tenant's failure to provide all information, make all submissions and take all actions required by ISRA, the Bureau or any other division of NJDEP. Tenant's obligations and liabilities under this paragraph shall continue so long as Landlord remains responsible for any spills or discharges of hazardous substances or hazardous wastes at the Premises which occur during the Term of this Lease. Tenant's failure to abide by the terms of this paragraph shall be subject to equitable relief.
ISRA Compliance. SECTION 35.01. Tenant acknowledges the existence of the New Jersey Industrial Site Recovery Act ("ISRA"). Tenant represents to Landlord that Tenant's Standard Industrial Classification (SIC) Number as used on Tenant's Federal Tax Return will not subject the Demised Premises to ISRA applicability under current laws and regulations. Any change by Tenant to an operation with an SIC number subject to ISRA shall require Landlord's written consent, which consent will not be unreasonably withheld. Any such proposed change shall be noticed in writing to Landlord sixty (60) days prior to the proposed change. Landlord, at its sole option, may deny consent to the change. Tenant agrees to execute such documents as Landlord reasonably deems necessary and to make such applications as Landlord reasonably requires to assure compliance with ISRA. Tenant shall bear all costs and expenses incurred by Landlord associated with any required ISRA compliance resulting from Tenant's use of the Demised Premises including but not limited to, state agency fees, engineering fees, clean-up costs, filing fees and suretyship expenses. As used in this Lease, ISRA compliance shall include applications for determinations of nonapplicability by the appropriate governmental authority. The foregoing undertaking shall survive the termination or sooner expiration of the Lease and surrender of the Demised Premises and shall also survive sale, or lease or assignment of the Demised Premises by Landlord. Tenant agrees to indemnify and hold Landlord harmless from the violation of ISRA occasioned by Tenant's use of the Demised Premises.
ISRA Compliance. Lessee shall, at Lessee's own expense, comply with the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq., the regulations promulgated thereunder and any amending or successor legislation and regulations ("ISRA") with respect to any ISRA triggering event caused by Lessee, to the extent ISRA is applicable to Lessee and Class A office buildings.
ISRA Compliance. Buyer will cause Vivus, Inc. to deliver to Seller, prior to the Closing Date, evidence of compliance (“ISRA Compliance”) with the New Jersey Industrial Site Recovery Act (“ISRA”) with respect to the transaction contemplated in this Agreement, in the form of either (a) an approved “negative declaration,” (b) a “no further action letter,” (c) a letter from the New Jersey Department of Environmental Protection (“NJDEP”) approving a “de minimis quantity exception,” or (d) a “remediation agreement” approved by NJDEP. In the event that Buyer is unable to deliver to Seller, prior to the Closing Date, evidence of ISRA Compliance in one of the forms described in clauses (a) through (d) herein, Buyer may adjourn the Closing Date for a reasonable period of time sufficient to permit Vivus, Inc. to obtain evidence of ISRA Compliance in one of the forms described in clauses (a) through (d) of this Section, provided, that such adjournment shall not exceed 120 days.
ISRA Compliance. 31.1. Tenant agrees to comply with all applicable environmental laws, rules and regulations, including but not limited to, the New Jersey Industrial Site Recovery Act N.J.
ISRA Compliance. With respect to the facility located in Carlstadt, New Jersey leased by a Subsidiary of the Company, prior to the consummation of the Closing the Stockholders shall cause the Company and such Subsidiary to comply with the obligations imposed by the New Jersey Industrial Site Recovery Act, N.J.S.A. 12:1K-6 et seq. (“ISRA”) at no cost or expense to Buyer by either: (a) securing and providing a copy to Buyer of a Letter of Non-Applicability from the New Jersey Department of Environmental Protection (the “NJDEP“); (b) securing and providing a copy to Buyer of a written approval by the NJDEP of a negative declaration affidavit, which affidavit has been submitted by an appropriate Person to the NJDEP and is supported by a “preliminary assessment” prepared in compliance with ISRA; (c) securing and providing a copy to Buyer of a “no further action” letter from the NJDEP under ISRA; (d) filing a deminimus quantity exemption affidavit with NJDEP and providing Buyer with a copy thereof evidencing the filing with the NJDEP; (e) securing from the NJDEP and providing to Buyer a “remediation-in-progress waiver” along with documentation demonstrating that a proper remediation funding source satisfactory to the NJDEP is in place in t he amount necessary to pay the estimated cost of the required investigation, remediation and other activities under ISRA; or (f) entering into with the NJDEP, and providing to Buyer a copy of a fully executed and filed Remediation Agreement and providing to Buyer documentation demonstrating that the requirements of N.J.S.A. 58:1-B-3 have been met to the satisfaction of the NJDEP in that a proper remediation funding source has been established by the Stockholders to pay the estimated cost of the required investigation, remediation and other activities under ISRA. Prior to the consummation of the Closing, the Stockholders shall also cause Buyer to receive copies of all submissions made by or on behalf of the Company, its Subsidiaries or the Stockholders to NJDEP pursuant to ISRA and copies of all correspondence to or from the NJDEP under ISRA.
