Common use of LANDLORD'S COVENANTS Clause in Contracts

LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statute), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws.

LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statutestatue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.238.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.238.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws.

LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statutestatue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project; but that except for the foregoing, or any matter disclosed in any written information provided to Tenant prior to the date hereof, Landlord’s Executive Vice President (Xxxxxxx X. Xxxx) has no actual present knowledge of any unlawful accumulations of Hazardous Materials on or under the Project. Notwithstanding the foregoing, Landlord shall not cause or permit any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.238.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.238.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws.

LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statute)25359.7, that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come be located (and may now or in the future comefuture) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of Hazardous Material (as defined below) Materials to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws Environmental Laws (as defined in Paragraph 37.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental lawsEnvironmental Laws.

LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statutestatue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.238.2, below). Except as to those matters which are Tenant’s 's responsibility pursuant to Paragraph 37.238.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws. Except as to those matters which are Tenant's responsibility pursuant to Paragraph 38.2, below, Landlord hereby agrees to indemnify, defend, and hold Tenant harmless from and against all actions, liabilities, damages, losses, costs, expenses, attorneys' fees, and claims arising from or relating to any unlawful accumulations of Hazardous Materials into ambient air, water, or land of the Project. Landlord's obligations and liability under this Paragraph shall survive the termination of Tenant's tenancy and the Term of this Lease.

LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to To satisfy its obligations under California Health and Safety Code Section 25359.7 (or any successor statute)§25359.7, that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage provided Tenant with a copy of petroleum products from motor vehicles, and other consumer products, may have come (and may the reports in the future comepossession of the Landlord with respect to the Total Site (collectively, the "Reports") relating to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of "Hazardous Material Materials" (as defined below) to be generatedin, brought onto, used, stored, or disposed of in on or about the Premises, Total Site. Tenant acknowledges that Landlord delivered the Building, Reports to Tenant without any representation or warranty whatsoever about the Project by Landlord or its agents, employees, or contractorsReports, except that Landlord represents and warrants to Tenant that the Reports constitute all such reports prepared for limited quantities Landlord with respect to the Total Site. Landlord represents to Tenant that, as of standard office the date of this Lease and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermoreexcept as disclosed in the Reports, Landlord shall: has no actual knowledge that any Hazardous Materials exist on the Total Site in violation of any governmental law, rule or regulation relating to Hazardous Materials ("Hazardous Materials Laws"). For the purposes of this Lease, all references to "Landlord's knowledge" and similar phrases shall mean the actual, present knowledge of the City Manager of the City of Industry without any duty of inquiry; provided, however, that such individual shall not have any personal liability as the result of being so identified. The parties hereby acknowledge and agree that (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate limited uses to Hazardous Material, public health and safety and protection of which Landlord can put the environmentTotal Site, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.2, below). Except as to those matters which are Tenant’s responsibility pursuant exclusive control of the location and nature of proposed Projects (except to Paragraph 37.2, below, Landlord shall the extent set forth in Section 25.8 hereof) make it unlikely that Tenant would be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause affected by any unlawful accumulations violation of Hazardous Materials Laws existing as of the Effective Date (or, with respect to the Scout Property and/or the Agency Property, the date upon which such properties become part of the Total Site), so Landlord shall not be remediated required to indemnify Tenant with respect thereto except to the limited extent set forth below in accordance with the requirements of all applicable environmental lawsSection 4.5.2.

LANDLORD'S COVENANTS. 5.4.1 Landlord hereby notifies Tenantrepresents to Tenant that, to the best of Landlord's knowledge, based upon the Preliminary Environmental Assessment of the Property performed on Landlord's behalf by Environmental Waste Management Associates, Inc., dated January 8, 1997 (the "EWMA Report"): (i) the Property does not contain any Hazardous Materials except as noted in the EWMA Report, and (ii) the Property does not contain any underground storage tanks. Landlord has provided Tenant hereby prior to Lease execution with a complete copy of the EWMA Report, which Tenant acknowledges thathaving received. Landlord shall be solely responsible for the remediation of any asbestos containing materials referenced in the EWMA Report, to the extent the same have not been remediated prior to the leasing date hereof, at such time as such remediation is required by applicable law (if ever). If, during the Lease Term, (a) Landlord is notified of or introduces Hazardous Materials in, on or under the Property, or there is a violation of the Premises pursuant to this Leaserequirements of any Environmental Laws which is not the responsibility of Tenant under Sections 5.2 and/or 5.3, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statute), that Landlord knowsabove, or has reasonable cause to believe(b) there is Hazardous Materials contamination in, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath under the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations Property which it is determined existed prior to Tenant's taking occupancy of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, and such contamination is not the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities responsibility of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.2, below). Except as to those matters which are Tenant’s responsibility Tenant pursuant to Paragraph 37.2Sections 5.2 and 5.3, belowabove, then as between Landlord and Tenant, Landlord shall be responsiblesolely responsible for making a prompt assessment of the scope and nature of the problem, at its expense and for taking remedial action, in conjunction (if appropriate) with applicable federal, state or local authorities; and in the expense event the presence of others; but not as an Operating Expense) to cause any unlawful accumulations of such Hazardous Materials was caused by Landlord, or its authorized agents, employees or contractors, or pre-existed Tenant's occupancy of the Premises, Landlord shall be responsible for the cost to be remediated remediate any such contamination and/or correct any such violation. The foregoing is without prejudice to Landlord's right to seek recovery of damages or losses from the parties at fault in accordance with the requirements of all applicable environmental lawsany Hazardous Materials Release.

LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statutestatue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord covenants that to the best of Landlord’s knowledge, the Building has been constructed free from any unlawful accumulations or amounts of Hazardous Material and in accordance with the ADA, as in effect as of the date of such construction. Furthermore, Landlord shall not hereafter cause any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.238.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.238.2, below, Landlord shall be he responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws.