Common use of ISRA Clause in Contracts

ISRA. Tenant expressly agrees as follows with respect to ISRA: (i) Tenant shall not without landlord's prior written consent generate, manufacture, refine, transport, treat, store, handle, dispose or otherwise deal with any hazardous substances or hazardous waste as presently or in the future defined in ISRA (the generation, manufacture, refinement, transportation, treatment, storage, handling, disposition and/or otherwise dealing with such substance or waste, as the case may be, being referred to herein as "dealing with" such substances or waste. (ii) If at any time during the Term there shall be required, with respect to the Premises or any part thereof, any act pursuant to or compliance with ISRA including the filing of any required notice of sale or negative declaration affidavits or the preparation or effectuation of any cleanup plans, Tenant shall be responsible for such compliance as if Tenant were the "owner" of the Premises as defined by ISRA. (iii) Tenant acknowledges its understanding that at the expiration or earlier termination of this Lease, or, as the case may be, any termination of occupancy of the Premises or part thereof by Tenant, a subleasee or any other party, certain notices, filing and (if determined to be necessary) sampling plans, cleanup plans and cleanup work will be required by the State of New Jersey if Tenant's or any subtenant's or other party's use of the Premises or any part thereof renders the Premises an "industrial establishment" under ISRA ("ISRA Requirements"). If such is the case, Tenant shall, either in its own name or, if required, in the name of Landlord, comply, at Tenant's own expense, with all ISRA Requirements. (iv) At the request of Landlord from time to time, Tenant shall (1) provide to Landlord copies of any documents filed by Tenant pursuant to ISRA; (2) permit Landlord to be present at any ISRA inspections, on or off site, and at any meetings of the Department of Environmental Protection of New Jersey or other meetings relating to ISRA; and (3) provide Landlord with an inventory or materials and substances dealt with by Tenant at the Premises, as well as such additional information relating to Tenant, any subtenant(s) and/or the Premises as may be reasonably requested by Landlord (in affidavit form or otherwise, as reasonably required by Landlord) in order that Landlord be able to provide information for ISRA filings, for determination of whether there has been compliance with any environmental Legal Requirement, or for determination of applicability/non-applicability of ISRA. (4) Within thirty (30) days of lease execution deliver to Landlord an affidavit setting forth Tenant's use of the premises during the lease term, its SIC number and a detailed account of any environmental happenings and the results thereof.

ISRA. Tenant expressly agrees as follows with respect to ISRA: (i) 1. Tenant shall not operate any business at the Demised Premises which shall have an SIC which is subject to the Industrial Site Recovery Act, N.J.S.A. 13:lK-6 et seq. and the regulations promulgated thereunder (hereinafter referred to as “ISRA”), nor shall Tenant change its use to any other use subject to ISRA without landlord's Landlord’s prior written consent generateconsent, manufacturewhich may be withheld in Landlord’s sole discrection. 2. Notwithstanding any provision of ISRA to the contrary, refineif Tenant is operating an “Industrial Establishment”, transport, treat, store, handle, dispose or otherwise deal with any hazardous substances or hazardous waste as presently or in the future that term is defined in ISRA, Tenant shall, at Tenant’s own expense, comply with ISRA and the regulations promulgated thereunder. In such event Tenant shall, at Tenant’s own expense make all submissions to, provide all information to, and comply with all requirements of the Bureau of Industrial Site Evaluation (the generation, manufacture, refinement, transportation, treatment, storage, handling, disposition and/or otherwise dealing with such substance or waste, hereinafter referred to as the case may be, being referred to herein as "dealing with" such substances or waste. (ii“Bureau”) If at any time during the Term there shall be required, with respect to the Premises or any part thereof, any act pursuant to or compliance with ISRA including the filing of any required notice of sale or negative declaration affidavits or the preparation or effectuation of any cleanup plans, Tenant shall be responsible for such compliance as if Tenant were the "owner" of the Premises as defined by ISRA. (iii) Tenant acknowledges its understanding that at the expiration or earlier termination of this Lease, or, as the case may be, any termination of occupancy of the Premises or part thereof by Tenant, a subleasee or any other party, certain notices, filing and (if determined to be necessary) sampling plans, cleanup plans and cleanup work will be required by the State of New Jersey if Tenant's or any subtenant's or other party's use of the Premises or any part thereof renders the Premises an "industrial establishment" under ISRA ("ISRA Requirements"). If such is the caseJersey, Tenant shall, either in its own name or, if required, in the name of Landlord, comply, at Tenant's own expense, with all ISRA Requirements. (iv) At the request of Landlord from time to time, Tenant shall (1) provide to Landlord copies of any documents filed by Tenant pursuant to ISRA; (2) permit Landlord to be present at any ISRA inspections, on or off site, and at any meetings of the Department of Environmental Protection of New Jersey or and Energy (hereinafter referred to as the “NJDEPE”). At no expense to Landlord, Tenant shall promptly provide all documents, studies, surveys, correspondence and other meetings relating to ISRA; and (3) provide Landlord with an inventory or materials and substances dealt with by Tenant at the Premises, as well as such additional information relating to Tenant, any subtenant(s) and/or the Premises as may be reasonably requested by Landlord (relating to or in affidavit form furtherance of ISRA compliance. 3. Tenant’s obligations under this Paragraph shall arise if there is any closing, termination or otherwisetransferring of operations of an industrial establishment subject to ISRA. At no expense to Landlord, as reasonably required Tenant shall promptly provide all information requested by Landlord) in order that Landlord be able to provide information for ISRA filings, for determination preparation of whether there has been compliance with any environmental Legal Requirement, or for determination of applicability/non-applicability of ISRAaffidavits and shall promptly furnish such affidavits when requested by Landlord. 4. Tenant shall indemnify, defend and save harmless Landlord from all fines, fees (4) Within thirty (30) days of lease execution deliver to Landlord an affidavit setting forth Tenant's use of the premises during the lease termincluding attorney’s fees), its SIC number suits procedures, claims, and a detailed account actions of any environmental happenings kind arising out of Tenant’s failure to provide all information, make all submissions, and take all actions required under ISRA or by the results thereofNJDEPE. 5. Tenant’s obligations and liabilities under this Paragraph shall continue so long as Landlord remains responsible for compliance with ISRA. Tenant’s failure to abide by the terms of this Paragraph shall be restrained by injunction and such other relief as afforded by law.

ISRA. 8.5.1 The business operations which Tenant expressly agrees shall conduct at the Premises shall not constitute the operation of an industrial establishment as follows defined in ISRA, or, if it is or at any time shall become such an industrial establishment Tenant will comply with respect all ISRA requirements applicable to Tenant’s operations and at the time of closing, terminating or transferring such operations. 8.5.2 Tenant shall comply in all respects, at its expense, with ISRA in connection with Tenant’s operation and cessation of its business at the Premises. If required by ISRA: , no later than thirty (30) days prior to (i) Tenant shall not without landlord's prior written consent generate, manufacture, refine, transport, treat, store, handle, dispose or otherwise deal with any hazardous substances or hazardous waste as presently or in the future defined in ISRA (the generation, manufacture, refinement, transportation, treatment, storage, handling, disposition and/or otherwise dealing with such substance or waste, as the case may be, being referred to herein as "dealing with" such substances or waste. (ii) If at any time during the Term there shall be required, with respect to the Premises or any part thereof, any act pursuant to or compliance with ISRA including the filing of any required notice of sale or negative declaration affidavits or the preparation or effectuation of any cleanup plans, Tenant shall be responsible for such compliance as if Tenant were the "owner" of the Premises as defined by ISRA. (iii) Tenant acknowledges its understanding that at the expiration or earlier anticipated termination of this Lease, or(ii) Landlord’s transfer of title to the Property, as or (iii) the case may bedate on which Tenant intends to close, any termination of occupancy of the Premises terminate or part thereof by Tenant, a subleasee or any other party, certain notices, filing and (if determined to be necessary) sampling plans, cleanup plans and cleanup work will be required by the State of New Jersey if Tenant's or any subtenant's or other party's use of the Premises or any part thereof renders the Premises an "industrial establishment" under ISRA ("ISRA Requirements"). If such is the case, Tenant shall, either in its own name or, if required, in the name of Landlord, comply, at Tenant's own expense, with all ISRA Requirements. (iv) At the request of Landlord from time to time, Tenant shall (1) provide to Landlord copies of any documents filed by Tenant pursuant to ISRA; (2) permit Landlord to be present at any ISRA inspections, on or off site, and at any meetings of the Department of Environmental Protection of New Jersey or other meetings relating to ISRA; and (3) provide Landlord with an inventory or materials and substances dealt with by Tenant transfer operations at the Premises, as well those terms are defined in ISRA, Tenant shall file with the New Jersey Department of Environmental Protection such information, affidavits, forms, negative declaration statements or other information as said Department may require and perform such additional information relating to Tenant, any subtenant(s) and/or the Premises actions as may be reasonably requested required by said Department pertaining to the removal of Hazardous Substances, Hazardous Materials and Hazardous Wastes that then remain on the Premises and that were introduced to the Premises during the term by Tenant or any of the Tenant Parties, and shall provide to Landlord either a “no further action” letter from the New Jersey Department of Environmental Protection stating that Tenant has taken all actions required by ISRA with respect to its cessation of operations or a “letter of non-applicability” from the New Jersey Department of Environmental Protection stating that the Premises do not constitute an “Industrial Establishment” within the meaning of ISRA. Tenant hereby agrees to indemnify and to hold harmless Landlord from, of, and against any and all expense, loss and liability suffered by Landlord (in affidavit form or otherwiseby reason of action successfully taken by Landlord to attain compliance due to any violation of ISRA by Tenant, as reasonably required by Landlord) in order including but not limited to any and all reasonable expenses that Landlord be able to provide information for may incur in complying with ISRA, any and all fines or penalties assessed upon Landlord under ISRA filings, for determination of whether there has been compliance and any and all reasonable legal fees and costs incurred by Landlord in connection with any environmental Legal Requirement, or for determination of applicability/non-applicability of ISRA. (4) Within thirty (30) days of lease execution deliver to Landlord an affidavit setting forth Tenant's use of the premises during the lease term, its SIC number and a detailed account foregoing. The provisions of any environmental happenings and the results thereofthis Section shall survive termination of this Lease.

ISRA. Tenant expressly agrees as follows with respect to ISRA: (i) 1. Tenant shall not operate any business at the Demised Premises which shall have an NAICS which is subject to the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. and the regulations promulgated thereunder (hereinafter referred to as “ISRA”), nor shall Tenant change its use to any other use subject to ISRA without landlord's Landlord’s prior written consent generateconsent, manufacturewhich may be withheld in Landlord’s sole discretion. 2. Notwithstanding any provision of ISRA to the contrary, refineif Tenant is operating an “Industrial Establishment”, transport, treat, store, handle, dispose or otherwise deal with any hazardous substances or hazardous waste as presently or in the future that term is defined in ISRA (the generationISRA, manufactureTenant shall, refinementat Tenant’s own expense, transportation, treatment, storage, handling, disposition and/or otherwise dealing with such substance or waste, as the case may be, being referred to herein as "dealing with" such substances or waste. (ii) If at any time during the Term there shall be required, with respect to the Premises or any part thereof, any act pursuant to or compliance comply with ISRA including and the filing regulations promulgated thereunder. In such event Tenant shall, at Tenant’s own expense make all submissions to, provide all information to, and comply with all requirements of any required notice of sale or negative declaration affidavits or the preparation or effectuation of any cleanup plans, Tenant shall be responsible for such compliance as if Tenant were the "owner" of the Premises as defined by ISRA. (iii) Tenant acknowledges its understanding that at the expiration or earlier termination of this Lease, or, as the case may be, any termination of occupancy of the Premises or part thereof by Tenant, a subleasee or any other party, certain notices, filing and (if determined to be necessary) sampling plans, cleanup plans and cleanup work will be required by the State of New Jersey if Tenant's or any subtenant's or other party's use of the Premises or any part thereof renders the Premises an "industrial establishment" under ISRA ("ISRA Requirements"). If such is the caseJersey, Tenant shall, either in its own name or, if required, in the name of Landlord, comply, at Tenant's own expense, with all ISRA Requirements. (iv) At the request of Landlord from time to time, Tenant shall (1) provide to Landlord copies of any documents filed by Tenant pursuant to ISRA; (2) permit Landlord to be present at any ISRA inspections, on or off site, and at any meetings of the Department of Environmental Protection of New Jersey or (hereinafter referred to as the “NJDEP”). At no expense to Landlord, Tenant shall promptly provide all documents, studies, surveys, correspondence and other meetings relating to ISRA; and (3) provide Landlord with an inventory or materials and substances dealt with by Tenant at the Premises, as well as such additional information relating to Tenant, any subtenant(s) and/or the Premises as may be reasonably requested by Landlord (relating to or in affidavit form furtherance of ISRA compliance. 3. Tenant’s obligations under this Exhibit C shall arise if there is any closing, termination or otherwisetransferring of operations of an industrial establishment subject to ISRA. At no expense to Landlord, as reasonably required Tenant shall promptly provide all information requested by Landlord) in order that Landlord be able to provide information for ISRA filings, for determination preparation of whether there has been compliance with any environmental Legal Requirement, or for determination of applicability/non-applicability of ISRAaffidavits and shall promptly furnish such affidavits when requested by Landlord. 4. Tenant shall indemnify, defend and save harmless Landlord from all fines, fees (4) Within thirty (30) days of lease execution deliver to Landlord an affidavit setting forth Tenant's use of the premises during the lease termincluding reasonable attorney’s fees), its SIC number suits procedures, claims, and a detailed account actions of any environmental happenings kind arising out of Tenant’s failure to provide all information, make all submissions, and take all actions required under ISRA or by the results thereofNJDEP. 5. Tenant’s obligations and liabilities under this Section of Exhibit C shall continue so long as Landlord remains responsible for compliance with ISRA. Tenant’s failure to abide by the terms of this Section shall be restrained by injunction and such other relief as afforded by law.

ISRA. Tenant expressly agrees as follows with respect to ISRA: (i) 1. Tenant shall not operate any business at the Demised Premises which shall have an SIC which is subject to the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. and the regulations promulgated thereunder (hereinafter referred to as “ISRA”), nor shall Tenant change its use to any other use subject to ISRA without landlord's Landlord’s prior written consent generateconsent, manufacturewhich may be withheld in Landlord’s sole discrection. 2. Notwithstanding any provision of ISRA to the contrary, refineif Tenant is operating an “Industrial Establishment”, transport, treat, store, handle, dispose or otherwise deal with any hazardous substances or hazardous waste as presently or in the future that term is defined in ISRA (the generation, manufacture, refinement, transportation, treatment, storage, handling, disposition and/or otherwise dealing with such substance or waste, as the case may be, being referred to herein as "dealing with" such substances or waste. (ii) If at any time during the Term there shall be required, with respect to the Premises or any part thereof, any act pursuant to or compliance with ISRA including the filing of any required notice of sale or negative declaration affidavits or the preparation or effectuation of any cleanup plans, Tenant shall be responsible for such compliance as if Tenant were the "owner" of the Premises as defined by ISRA. (iii) Tenant acknowledges its understanding that at the expiration or earlier termination of this Lease, or, as the case may be, any termination of occupancy of the Premises or part thereof by Tenant, a subleasee or any other party, certain notices, filing and (if determined to be necessary) sampling plans, cleanup plans and cleanup work will be required by the State of New Jersey if Tenant's or any subtenant's or other party's use of the Premises or any part thereof renders the Premises an "industrial establishment" under ISRA ("ISRA Requirements"). If such is the case, Tenant shall, either in its own name or, if required, in the name of Landlord, comply, at Tenant's own expense, comply with ISRA and the regulations promulgated thereunder. In such event Tenant shall, at Tenant's own expense make all submissions to, provide all information to, and comply with all ISRA Requirements. (iv) At the request of Landlord from time to time, Tenant shall (1) provide to Landlord copies of any documents filed by Tenant pursuant to ISRA; (2) permit Landlord to be present at any ISRA inspections, on or off site, and at any meetings requirements of the State of New Jersey, Department of Environmental Protection of New Jersey or (hereinafter referred to as the “NJDEP”). At no expense to Landlord, Tenant shall promptly provide all documents, studies, surveys, correspondence and other meetings relating to ISRA; and (3) provide Landlord with an inventory or materials and substances dealt with by Tenant at the Premises, as well as such additional information relating to Tenant, any subtenant(s) and/or the Premises as may be reasonably requested by Landlord (relating to or in affidavit form furtherance of ISRA compliance. 3. Tenant's obligations under this Exhibit C shall arise if there is any closing, termination or otherwisetransferring of operations of an industrial establishment subject to ISRA. At no expense to Landlord, as reasonably required Tenant shall promptly provide all information requested by Landlord) in order that Landlord be able to provide information for ISRA filings, for determination preparation of whether there has been compliance with any environmental Legal Requirement, or for determination of applicability/non-applicability of ISRAaffidavits and shall promptly furnish such affidavits when requested by Landlord. 4. Tenant shall indemnify, defend and save harmless Landlord from all fines, fees (4) Within thirty (30) days including reasonable attorney's fees), suits procedures, claims, and actions of lease execution deliver to Landlord an affidavit setting forth any kind arising out of Tenant's use failure to provide all information, make all submissions, and take all actions required under ISRA or by the NJDEP. 5. Tenant's obligations and liabilities under this Section of Exhibit C shall continue so long as Landlord remains responsible for compliance with ISRA. Tenant's failure to abide by the premises during the lease term, its SIC number terms of this Section shall be restrained by injunction and a detailed account of any environmental happenings and the results thereofsuch other relief as afforded by law.

ISRA. (i) If Tenant’s use of the Premises are or becomes subject to ISRA, Tenant expressly agrees as follows shall, at Tenant’s own expense, comply with the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. and the regulations promulgated thereunder (“ISRA”) with respect to Tenant’s activities and any Hazardous Materials used or brought onto the Premises by Tenant or those holding by or through Tenant. Tenant shall, at Tenant’s own expense, make all submissions to, provide all information to, and comply with all requirements of, the Bureau of Industrial Site Evaluation (the “Bureau”) of the New Jersey Department of Environmental Protection (“NJDEP”) as and when required under ISRA: (i) Tenant shall not without landlord's prior written consent generate, manufacture, refine, transport, treat, store, handle, dispose . Should the Bureau or otherwise deal with any other division of NJDEP determine that a cleanup plan be prepared and that a cleanup be undertaken because of any spills or discharges or hazardous substances or hazardous waste wastes at the Property which occur during the Term of this Lease as presently a result of Tenant’s actions or in inactions, or those of its employees, agents, licensees, invitees or contractors, then Tenant shall, at Tenant’s own expense, prepare and submit the future defined in ISRA (required plans and financial assurances, and carry out the generationapproved plans. At no expense to Landlord, manufacture, refinement, transportation, treatment, storage, handling, disposition and/or otherwise dealing with Tenant shall promptly provide all information known to Tenant and requested by Landlord for preparation of NJDEP’s standard form of non-applicability affidavits and shall promptly sign such substance or waste, as the case may be, being referred to herein as "dealing with" such substances or wasteaffidavits when requested by Landlord. (ii) If at any time during the Term there shall be requiredTenant’s activities are not subject to ISRA, with respect to the Premises or any part thereof, any act pursuant to or compliance with ISRA including the filing of any required notice of sale or negative declaration affidavits or the preparation or effectuation of any cleanup plans, Tenant shall be responsible for such compliance as if Tenant were the "owner" of the Premises as defined by ISRA. (iii) Tenant acknowledges its understanding that at the expiration or earlier termination of this Lease, or, as the case may be, any termination of occupancy of the Premises or part thereof by Tenant, a subleasee or any other party, certain notices, filing and (if determined to be necessary) sampling plans, cleanup plans and cleanup work will be required by the State of New Jersey if Tenant's or any subtenant's or other party's use of the Premises or any part thereof renders the Premises an "industrial establishment" under ISRA ("ISRA Requirements"). If such is the case, Tenant then Landlord shall, either in its own name or, if required, in the name of at Landlord, comply, at Tenant's ’s own expense, comply with all ISRA Requirements. (iv) At requirements of ISRA, including without limitation, by making all submissions to, providing all information to, and complying with all requirements of the request of Landlord from time to timeNJDEP or a licensed site remediation professional. Should any investigation, Tenant shall (1) provide to Landlord copies clean up or other actions be required because of any documents filed Hazardous Materials that were not used, spilled or discharged at the Premises by Tenant pursuant to ISRA; (2) permit or those holding by or through Tenant, then Landlord to be present shall, at any ISRA inspectionsLandlord’s own expense, on or off sitecomplete such actions, including without limitation, by preparing and submitting the required plans and financial assurances, and at any meetings of by carrying out the Department of Environmental Protection of New Jersey or other meetings relating to ISRA; and (3) provide Landlord with an inventory or materials and substances dealt with by Tenant at the Premises, as well as such additional information relating to Tenant, any subtenant(s) and/or the Premises as may be reasonably requested by Landlord (in affidavit form or otherwise, as reasonably required by Landlord) in order that Landlord be able to provide information for ISRA filings, for determination of whether there has been compliance with any environmental Legal Requirement, or for determination of applicability/non-applicability of ISRAapproved plans. (4) Within thirty (30) days of lease execution deliver to Landlord an affidavit setting forth Tenant's use of the premises during the lease term, its SIC number and a detailed account of any environmental happenings and the results thereof.