Lessee Obligations. 4.1 Lessee shall cause the Work Site Sufficiency Conditions to be completed and reasonably cooperate with Lessor in order for Lessor to achieve Equipment Completion and to perform the Maintenance and the RPC Equipment Removal. 4.2 Lessee shall provide Lessor with access to and use of the Work Site as reasonably necessary or advisable for Lessor to perform its obligations under this Agreement (including to achieve Equipment Completion, complete any Maintenance obligations and perform the RPC Equipment Removal). If, due to causes beyond the control of Lessee, Lxxxxx’s access to the Work Site is impeded or delayed, then Lessor shall be entitled to a time extension and any resulting costs or damages to the extent such delayed or impeded access impacts the performance of the Maintenance and the RPC Equipment Removal or Lessor’s performance of this Agreement. 4.3 Lessee shall own (or lease, as applicable), operate and maintain the Work Site or any site that the RPC Equipment is operated in accordance with all Applicable Law, operate the RPC Equipment in accordance with Applicable Law and otherwise perform its obligations hereunder in accordance with Applicable Law. Lessee shall obtain and maintain all governmental approvals required for the ownership (or leasehold, as applicable), operation or maintenance of the Work Site or any site that the RPC Equipment is operated and the operation and performance of the RPC Equipment at the Work Site or any site that the RPC Equipment is operated. 4.4 Lessee shall not infringe (whether directly, contributorily, by inducement or otherwise), misappropriate or violate any Intellectual Property right of Lessor. 4.5 Unless otherwise agreed upon by the Parties, Lessee shall not disclose any Intellectual Property of Lessor regarding the RPC Equipment; provided, however, Lessor hereby agrees that Lessee may disclose such information with Lxxxxx’s written consent in accordance with the terms of this Agreement as is reasonably necessary to any Governmental Authority for purposes of demonstrating that the Equipment, the Maintenance and the Equipment Removal are in compliance with Applicable Laws, including any environmental laws, regulations and standards. 4.6 Lessee shall not materially interfere with Lxxxxx’s performance of the Maintenance and the RPC Equipment Removal at the Work Site and shall otherwise cooperate with Lessor in the performance of the Maintenance and the RPC Equipment Removal. Lessee shall at all times be responsible for the acts and omissions of Lxxxxx’s personnel as if they were the acts or omissions of Lessee. 4.7 Lessee shall be responsible for the handling, collection, removal, transportation and disposal of any Hazardous Material at, on or under or adjacent to the Work Site or any site that the Equipment is operated at any time, other than Lessor Hazardous Materials (“Lessee Hazardous Materials”). If Lessee releases any Lessee Hazardous Material, other than petroleum resources in the daily operations of Lessee, Lessee shall promptly notify Lessor in writing, and Lessee shall take any necessary remedial action to clean up and dispose of such Lessee Hazardous Material. 4.8 Lessee shall promptly notify Lessor of any emergency of which Lessee becomes aware that affects safety or integrity of any person or property from the Equipment, other than known risks. Lessee shall promptly provide Lessor with written notice of any event that could reasonably be expected to adversely affect the RPC Equipment in any material respect. 4.9 During the Lease Term, Lessee shall be solely responsible for the operation of the RPC Equipment except for the Maintenance. 4.10 Lessee shall pay and be responsible for any Tax in connection with, or incident to, the operation of the Equipment (other than income taxes or payroll taxes of Lessor). Lessee shall reimburse Lessor for any such Tax paid by Lxxxxx upon receipt of a valid invoice for same, and shall indemnify Lessor for any Loss incurred by Lessor arising out of any action against Lessor to collect such Tax paid by Lessor on Lxxxxx’s behalf. 4.11 Lessee shall maintain adequate insurance as set forth herein
Appears in 1 contract
Lessee Obligations. 4.1 Lessee shall cause the Work Site Sufficiency Conditions to be completed and reasonably cooperate with Lessor in order for Lessor to achieve Equipment Completion and to perform the Maintenance and the RPC Equipment Removal.
4.2 Lessee shall provide Lessor with access to and use of the Work Site as reasonably necessary or advisable for Lessor to perform its obligations under this Agreement (including to achieve Equipment Completion, complete any Maintenance obligations and perform the RPC Equipment Removal). If, due to causes beyond the control of Lessee, Lxxxxx’s access to the Work Site is impeded or delayed, then Lessor shall be entitled to a time extension and any resulting costs or damages to the extent such delayed or impeded access impacts the performance of the Maintenance and the RPC Equipment Removal or Lessor’s performance of this Agreement.
4.3 Lessee shall own (or lease, as applicable), operate and maintain the Work Site or any site that the RPC Equipment is operated in accordance with all Applicable Law, operate the RPC Equipment in accordance with Applicable Law and otherwise perform its obligations hereunder in accordance with Applicable Law. Lessee shall obtain and maintain all governmental approvals required for the ownership (or leasehold, as applicable), operation or maintenance of the Work Site or any site that the RPC Equipment is operated and the operation and performance of the RPC Equipment at the Work Site or any site that the RPC Equipment is operated.
4.4 1) Lessee shall not infringe cause or permit any Hazardous Material to be brought upon, kept or used in or about the based premises by Lessee, its agents, employees, contractors or invitees, without the prior written consent of Authority (whether directlywhich consent Authority shall not unreasonably withhold as long as Lessee demonstrates to Authority's reasonable satisfaction that such Hazardous Material is necessary or useful to lessee's business and will be used, contributorilykept and stored in a manner that complies with all laws regulating any such Hazardous Material). If Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the leased premises caused or permitted by inducement Lessee results in contamination of the based premises or otherwiseif contamination of the leased premises by Hazardous Material otherwise occurs for which Lessee is legally liable to Authority for damage resulting therefrom, then Lessee shall indemnify, defend and hold Authority harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or leases (including, without limitation, diminution in value of the leased premises, damages for the loss or restriction on rentable or useable space or of any amenity of the leased premises, damages arising from adverse marketing of space and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees), misappropriate which arise during or violate after the lease term as the result of such contamination. This indemnification of Authority by Lessee includes, without limitation, cost incurred in connection with any Intellectual Property right investigation of Lessor.
4.5 Unless otherwise agreed upon site conditions or any cleanup, remedial, removal or restoration work required by the Partiesany federal, Lessee shall not disclose any Intellectual Property state, or local governmental agency or political subdivision because of Lessor regarding the RPC Equipment; provided, however, Lessor hereby agrees that Lessee may disclose such information with Lxxxxx’s written consent in accordance with the terms of this Agreement as is reasonably necessary to any Governmental Authority for purposes of demonstrating that the Equipment, the Maintenance and the Equipment Removal are in compliance with Applicable Laws, including any environmental laws, regulations and standards.
4.6 Lessee shall not materially interfere with Lxxxxx’s performance of the Maintenance and the RPC Equipment Removal at the Work Site and shall otherwise cooperate with Lessor Hazardous Material present in the performance of soil or ground water on or under the Maintenance and based premises. Without limiting the RPC Equipment Removal. Lessee shall at all times be responsible for foregoing, if the acts and omissions of Lxxxxx’s personnel as if they were the acts or omissions of Lessee.
4.7 Lessee shall be responsible for the handling, collection, removal, transportation and disposal presence of any Hazardous Material at, on the leased premises caused or under or adjacent to permitted by Lessee results in any contamination of the Work Site or any site that the Equipment is operated at any time, other than Lessor Hazardous Materials (“Lessee Hazardous Materials”). If Lessee releases any Lessee Hazardous Material, other than petroleum resources in the daily operations of Lesseebased premises, Lessee shall promptly notify Lessor in writing, and Lessee shall take any all actions at its sole expense as are necessary remedial action to clean up and dispose of such Lessee Hazardous Material.
4.8 Lessee shall promptly notify Lessor return the based premises to the condition existing prior to the introduction of any emergency of which Lessee becomes aware that affects safety or integrity of any person or property from such Hazardous Material to the Equipment, other than known risks. Lessee shall promptly provide Lessor with written notice of any event that could reasonably be expected to adversely affect the RPC Equipment in any material respect.
4.9 During the Lease Term, Lessee shall be solely responsible for the operation of the RPC Equipment except for the Maintenance.
4.10 Lessee shall pay and be responsible for any Tax in connection with, or incident to, the operation of the Equipment (other than income taxes or payroll taxes of Lessor). Lessee shall reimburse Lessor for any such Tax paid by Lxxxxx upon receipt of a valid invoice for same, and shall indemnify Lessor for any Loss incurred by Lessor arising out of any action against Lessor to collect such Tax paid by Lessor on Lxxxxx’s behalf.
4.11 Lessee shall maintain adequate insurance as set forth hereinleased premises;
Appears in 1 contract
Lessee Obligations. 4.1 During the Term of this Lease, or for any longer period specified in this Lease, Lessee shall comply with the following provisions unless otherwise specifically approved in writing by County’s Lease Administrator:
13.3.1 From and after the Commencement Date, Lessee shall not cause the Work Site Sufficiency Conditions or permit any Hazardous Materials to be completed brought, kept, or used in or about the Premises or the Improvements by Lessee, its agents, employees, sublessees, assigns, contractors or invitees, except as is customary in by Lessee’s Permitted Uses of the Premises, as described in Section 6.2, such as, for example, customary amounts of residential and reasonably cooperate retail cleaning supplies.
13.3.2 Any handling, transportation, storage, treatment or usage by Lessee of Hazardous Materials that is to occur on the Premises or the Improvements following the Commencement Date shall be in compliance with Lessor all applicable Hazardous Materials Laws.
13.3.3 Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials that may occur on the Premises or the Improvements following the Commencement Date shall be promptly and thoroughly cleaned and removed from the Premises or the Improvements by Lessee at its sole expense, and any discharge shall be promptly reported in order for Lessor writing to achieve Equipment Completion County, and to perform the Maintenance and the RPC Equipment Removalany other appropriate governmental regulatory authorities.
4.2 13.3.4 No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by Lessee in the Premises or the Improvements.
13.3.5 No underground improvements related to the storage or extraction of Hazardous Materials or resources, including but not limited to treatment or storage tanks, or water, gas or oil xxxxx shall provide Lessor be located by Lessee on the Premises or the Improvements without County’s prior written consent; except that Lessee may construct and operate water collection and treatment facilities as required by Laws.
13.3.6 Lessee shall, at Lessee’s sole cost and expense, conduct and complete all investigations, studies, sampling, and testing procedures and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials in accordance with access to applicable Hazardous Materials Laws and use as required by applicable law on, from, or affecting the Premises or the Improvements, regardless of the Work Site as reasonably necessary source or advisable for Lessor to perform its obligations under this Agreement (including to achieve Equipment Completionoriginal location of such Hazardous Materials, complete any Maintenance obligations and perform the RPC Equipment Removal). If, due to causes beyond the control of Lessee, Lxxxxx’s access to the Work Site is impeded or delayed, then Lessor shall be entitled to a time extension and any resulting costs or damages to the extent such delayed or impeded access impacts the performance of the Maintenance and the RPC Equipment Removal or Lessor’s performance of this Agreement.
4.3 Lessee shall own (or lease, as applicable), operate and maintain the Work Site or any site that the RPC Equipment is operated in accordance with all Applicable Law, operate applicable Hazardous Materials Laws and as may additionally be required by any Leasehold Mortgagee and Investor Limited Partner.
13.3.7 Activities proposed by the RPC Equipment Lessee that involve disturbing asbestos materials on site shall only be conducted in accordance with Applicable Law all federal, state and otherwise local asbestos rules and regulations including, but not limited to, the California Occupational Safety and Health Administration (Cal/OSHA), Environmental Protection Agency (EPA) and Air Pollution Control District (APCD), with prior written consent of the County, as follows: Prior to conducting asbestos related activities, the Lessee shall notify the County of the proposed work at least one month in advance. The notification shall include the location of work, type of asbestos containing material (ACM) to be removed and a work plan indicating the work practices and methods of control to be used during the abatement activity to control asbestos fiber release. The County Occupational Health Program shall review the work plan and may modify the plans as necessary. Any asbestos related activities shall be performed by a contractor that is registered with Cal/OSHA and certified by the California Contractors State Licensing Board to perform its obligations hereunder asbestos work. Any asbestos related activities shall be overseen by a California Certified Asbestos Consultant (CAC), or a Certified Site Surveillance Technician under the direction of a CAC. Replacement products used in accordance with Applicable Lawtenant improvements or other construction activities shall not contain asbestos. Any replacement products used by Lessee shall be verified as non- asbestos products by using Material Safety Data Sheets (MSDS) and/or having the architect or project engineer verify that ACMs were not used. Lessee shall obtain promptly supply County with copies of all notices, reports, correspondence, and maintain all governmental approvals required for submissions made by Lessee to the ownership (United States Environmental Protection Agency, the United Occupational Safety and Health Administration, and any other local, state or leasehold, as applicable), operation federal authority which requires submission of any information concerning environmental matters or maintenance of the Work Site hazardous wastes or any site that the RPC Equipment is operated and the operation and performance of the RPC Equipment at the Work Site or any site that the RPC Equipment is operatedsubstances pursuant to applicable Hazardous Materials Laws.
4.4 13.3.8 Lessee shall not infringe promptly notify County of any liens threatened or attached against the Premises or the Improvements pursuant to any Hazardous Materials Law. From and after the Commencement Date, if such a lien is filed against the Premises, then within twenty (whether directly20) days following the filing or before any governmental authority commences proceedings to sell the Premises or the Improvements pursuant to the lien, contributorily, by inducement or otherwise), misappropriate or violate any Intellectual Property right of Lessor.
4.5 Unless otherwise agreed upon by the Partieswhichever occurs first, Lessee shall either: (a) pay the claim and remove the lien from the Premises or the Improvements, or (b) furnish either (1) a bond or cash deposit reasonably satisfactory to County in an amount not disclose less than the claim from which the lien arises, or (2) other security satisfactory to County in an amount not less than that which is sufficient to discharge the claim from which the lien arises. Upon the expiration or earlier termination of this Lease, subject to Section 3.3, Lessee shall surrender the Premises and Improvements to County without any Intellectual Property outstanding violations of Lessor regarding and in full compliance with all Hazardous Materials Laws affecting the RPC Equipment; providedPremises and Improvements, however, Lessor hereby agrees that Lessee may disclose such information with Lxxxxx’s written consent and in accordance with the terms requirements of this Agreement as is reasonably necessary to any Governmental Authority for purposes of demonstrating that the Equipment, the Maintenance and the Equipment Removal are in compliance with Applicable Laws, including any environmental laws, regulations and standardsArticle 13.
4.6 Lessee shall not materially interfere with Lxxxxx’s performance of the Maintenance and the RPC Equipment Removal at the Work Site and shall otherwise cooperate with Lessor in the performance of the Maintenance and the RPC Equipment Removal. Lessee shall at all times be responsible for the acts and omissions of Lxxxxx’s personnel as if they were the acts or omissions of Lessee.
4.7 Lessee shall be responsible for the handling, collection, removal, transportation and disposal of any Hazardous Material at, on or under or adjacent to the Work Site or any site that the Equipment is operated at any time, other than Lessor Hazardous Materials (“Lessee Hazardous Materials”). If Lessee releases any Lessee Hazardous Material, other than petroleum resources in the daily operations of Lessee, Lessee shall promptly notify Lessor in writing, and Lessee shall take any necessary remedial action to clean up and dispose of such Lessee Hazardous Material.
4.8 Lessee shall promptly notify Lessor of any emergency of which Lessee becomes aware that affects safety or integrity of any person or property from the Equipment, other than known risks. Lessee shall promptly provide Lessor with written notice of any event that could reasonably be expected to adversely affect the RPC Equipment in any material respect.
4.9 During the Lease Term, Lessee shall be solely responsible for the operation of the RPC Equipment except for the Maintenance.
4.10 Lessee shall pay and be responsible for any Tax in connection with, or incident to, the operation of the Equipment (other than income taxes or payroll taxes of Lessor). Lessee shall reimburse Lessor for any such Tax paid by Lxxxxx upon receipt of a valid invoice for same, and shall indemnify Lessor for any Loss incurred by Lessor arising out of any action against Lessor to collect such Tax paid by Lessor on Lxxxxx’s behalf.
4.11 Lessee shall maintain adequate insurance as set forth herein
Appears in 1 contract
Samples: Ground Lease Agreement
Lessee Obligations. 4.1 Lessee shall cause not make any alterations, improvements or additions in or to the Work Site Sufficiency Conditions Premises, nor make any repairs requiring any such alteration, improvements or additions, nor install any antennas, trade fixtures, exterior signs, interior or exterior lighting, plumbing fixtures, shade or awnings, without the prior written consent of Lessor, which consent shall not be unreasonably withheld, delayed or conditioned. As a prerequisite to any such consent, Lessee shall comply with and/or satisfy each of the following conditions unless any of such conditions or requirements shall be completed and reasonably cooperate with waived by Lessor in order for Lessor to achieve Equipment Completion and to perform the Maintenance and the RPC Equipment Removal.its sole discretion:
4.2 Lessee shall provide Lessor with access to and use of the Work Site as reasonably necessary or advisable for Lessor to perform its obligations under this Agreement (including to achieve Equipment Completion, complete any Maintenance obligations and perform the RPC Equipment Removal). If, due to causes beyond the control of Lessee, Lxxxxx’s access to the Work Site is impeded or delayed, then Lessor shall be entitled to a time extension and any resulting costs or damages to the extent such delayed or impeded access impacts the performance of the Maintenance and the RPC Equipment Removal or Lessor’s performance of this Agreement.
4.3 Lessee shall own (or lease, as applicable), operate and maintain the Work Site or any site that the RPC Equipment is operated in accordance with all Applicable Law, operate the RPC Equipment in accordance with Applicable Law and otherwise perform its obligations hereunder in accordance with Applicable Law. a. Lessee shall obtain Lessor’s approval of Lessee’s construction contractor(s) and maintain all governmental approvals required for the ownership (or leasehold, as applicable), operation or maintenance of the Work Site or any site that the RPC Equipment is operated and the operation and performance of the RPC Equipment at the Work Site or any site that the RPC Equipment is operated.
4.4 Lessee architect who shall not infringe (whether directly, contributorily, by inducement or otherwise), misappropriate or violate any Intellectual Property right of Lessor.
4.5 Unless otherwise agreed upon by the Parties, Lessee shall not disclose any Intellectual Property of Lessor regarding the RPC Equipment; provided, however, Lessor hereby agrees that Lessee may disclose such information with Lxxxxx’s written consent in accordance with the terms of this Agreement as is reasonably necessary to any Governmental Authority for purposes of demonstrating that the Equipment, the Maintenance and the Equipment Removal are in compliance with Applicable Laws, including any environmental laws, regulations and standards.
4.6 Lessee shall not materially interfere with Lxxxxx’s performance of the Maintenance and the RPC Equipment Removal at the Work Site and shall otherwise cooperate with Lessor be licensed in the performance State of the Maintenance and the RPC Equipment Removal. Lessee shall at all times be responsible for the acts and omissions of Lxxxxx’s personnel as if they were the acts or omissions of Lessee.
4.7 Lessee shall be responsible for the handling, collection, removal, transportation and disposal of any Hazardous Material at, on or under or adjacent to the Work Site or any site that the Equipment is operated at any time, other than Lessor Hazardous Materials (“Lessee Hazardous Materials”). If Lessee releases any Lessee Hazardous Material, other than petroleum resources in the daily operations of Lessee, Lessee shall promptly notify Lessor in writingHawaii, and Lessee shall take any necessary remedial action submit complete plans and specifications for such alterations, improvements or additions to clean up the Lessor for Lessor’s prior written approval.
b. Lessee, or its architect, shall, if plans and dispose specifications are necessary, deliver to Lessor upon completion of construction a certification setting forth the total cost of such Lessee Hazardous Materialconstruction and certifying that such construction has been completed in compliance with the approved plans and specifications therefor.
4.8 c. Lessee shall furnish Lessor with evidence that all governmental approvals necessary to commence construction have been obtained, including, without limiting the generality of the foregoing, a building and/or grading permit. Any work, (which is not a Lessor responsibility) not acceptable to any governmental authority or agency having or exercising jurisdiction over such work shall be promptly notify replaced, at Lessee’s sole expense, notwithstanding any failure by Lessor of to object to any emergency such work, and Lessor shall have no responsibility therefor.
d. In addition to any other insurance required under this Lease, during any construction Lessee and/or its contractor shall maintain such commercial general liability and other insurance policies as may be reasonably specified by Lessor, all of which policies shall be reasonably satisfactory to Lessor in form, content and amount of coverage, insuring Lessor, Lessee becomes aware that affects safety and such other parties as Lessor shall reasonably specify against loss or integrity of any person damage to third parties or their property from hazards normally insured against in the Equipment, other than known risksconstruction industry with respect to construction of the type to be undertaken by Lessee. Lessee shall promptly provide deliver to Lessor with written notice certificates of insurance certifying that such insurance is in full force and effect prior to commencing the construction of any event that could reasonably be expected to adversely affect alterations, additions or improvement on the RPC Equipment in any material respectPremises.
4.9 During the Lease Term, Lessee shall be solely responsible for the operation of the RPC Equipment except for the Maintenance.
4.10 Lessee shall pay and be responsible for any Tax in connection with, or incident to, the operation of the Equipment (other than income taxes or payroll taxes of Lessor). e. Lessee shall reimburse Lessor for any such Tax paid expense actually incurred by Lxxxxx upon receipt Lessor by reason of repair or replacement of faulty work done by Lessee or its contractors.
f. All work by Lessee shall be diligently and continuously pursued from the date of its commencement through its completion. Upon substantial completion of any construction, Lessee shall publish a valid invoice for same“Notice of Completion” as required under Section 507-43(f) of the Hawaii Revised Statutes and file an affidavit of publication of said Notice in the Office of the Clerk of the Circuit Court of the Second Circuit, State of Hawaii, and shall indemnify Lessor for any Loss incurred by Lessor arising out of any action against Lessor provide a certified “filed” stamped copy thereof to collect such Tax paid by Lessor on Lxxxxx’s behalfLessor.
4.11 Lessee shall maintain adequate insurance as set forth herein
Appears in 1 contract
Samples: Lease (Maui Land & Pineapple Co Inc)
Lessee Obligations. 4.1 During the Term of this Lease, or for any longer period specified in this Lease, Lessee shall comply with the following provisions unless otherwise specifically approved in writing by County’s Lease Administrator:
13.3.1 From and after the Commencement Date, Lessee shall not cause the Work Site Sufficiency Conditions or permit any Hazardous Materials to be completed brought, kept, or used in or about the Premises or the Improvements by Lessee, its agents, employees, sublessees, assigns, contractors or invitees, except as is customary in by Lessee’s Permitted Uses of the Premises, as described in Section 6.2, such as, for example, customary amounts of residential and reasonably cooperate retail cleaning supplies.
13.3.2 Any handling, transportation, storage, treatment or usage by Lessee of Hazardous Materials that is to occur on the Premises or the Improvements following the Commencement Date shall be in compliance with Lessor all applicable Hazardous Materials Laws.
13.3.3 Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials that may occur on the Premises or the Improvements following the Commencement Date shall be promptly and thoroughly cleaned and removed from the Premises or the Improvements by Lessee at its sole expense, and any discharge shall be promptly reported in order for Lessor writing to achieve Equipment Completion County, and to perform the Maintenance and the RPC Equipment Removalany other appropriate governmental regulatory authorities.
4.2 13.3.4 No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by Lessee in the Premises or the Improvements.
13.3.5 No underground improvements related to the storage or extraction of Hazardous Materials or resources, including but not limited to treatment or storage tanks, or water, gas or oil xxxxx shall provide Lessor be located by Lessee on the Premises or the Improvements without County’s prior written consent; except that Lessee may construct and operate water collection and treatment facilities as required by Laws.
13.3.6 Lessee shall, at Lessee’s sole cost and expense, conduct and complete all investigations, studies, sampling, and testing procedures and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials in accordance with access to applicable Hazardous Materials Laws and use as required by applicable law on, from, or affecting the Premises or the Improvements, regardless of the Work Site as reasonably necessary source or advisable for Lessor to perform its obligations under this Agreement (including to achieve Equipment Completionoriginal location of such Hazardous Materials, complete any Maintenance obligations and perform the RPC Equipment Removal). If, due to causes beyond the control of Lessee, Lxxxxx’s access to the Work Site is impeded or delayed, then Lessor shall be entitled to a time extension and any resulting costs or damages to the extent such delayed or impeded access impacts the performance of the Maintenance and the RPC Equipment Removal or Lessor’s performance of this Agreement.
4.3 Lessee shall own (or lease, as applicable), operate and maintain the Work Site or any site that the RPC Equipment is operated in accordance with all Applicable Law, operate applicable Hazardous Materials Laws and as may additionally be required by any Leasehold Mortgagee and Investor Limited Partner.
13.3.7 Activities proposed by the RPC Equipment Lessee that involve disturbing asbestos materials on site shall only be conducted in accordance with Applicable Law all federal, state and otherwise local asbestos rules and regulations including, but not limited to, the California Occupational Safety and Health Administration (Cal/OSHA), Environmental Protection Agency (EPA) and Air Pollution Control District (APCD), with prior written consent of the County, as follows: Prior to conducting asbestos related activities, the Lessee shall notify the County of the proposed work at least one month in advance. The notification shall include the location of work, type of asbestos containing material (ACM) to be removed and a work plan indicating the work practices and methods of control to be used during the abatement activity to control asbestos fiber release. The County Occupational Health Program shall review the work plan and may modify the plans as necessary. Any asbestos related activities shall be performed by a contractor that is registered with Cal/OSHA and certified by the California Contractors State Licensing Board to perform its obligations hereunder asbestos work. Any asbestos related activities shall be overseen by a California Certified Asbestos Consultant (CAC), or a Certified Site Surveillance Technician under the direction of a CAC. Replacement products used in accordance with Applicable Lawtenant improvements or other construction activities shall not contain asbestos. Any replacement products used by Lessee shall be verified as non-asbestos products by using Material Safety Data Sheets (MSDS) and/or having the architect or project engineer verify that ACMs were not used. Lessee shall obtain promptly supply County with copies of all notices, reports, correspondence, and maintain all governmental approvals required for submissions made by Lessee to the ownership (United States Environmental Protection Agency, the United Occupational Safety and Health Administration, and any other local, state or leasehold, as applicable), operation federal authority which requires submission of any information concerning environmental matters or maintenance of the Work Site hazardous wastes or any site that the RPC Equipment is operated and the operation and performance of the RPC Equipment at the Work Site or any site that the RPC Equipment is operatedsubstances pursuant to applicable Hazardous Materials Laws.
4.4 13.3.8 Lessee shall not infringe promptly notify County of any liens threatened or attached against the Premises or the Improvements pursuant to any Hazardous Materials Law. From and after the Commencement Date, if such a lien is filed against the Premises, then within twenty (whether directly20) days following the filing or before any governmental authority commences proceedings to sell the Premises or the Improvements pursuant to the lien, contributorily, by inducement or otherwise), misappropriate or violate any Intellectual Property right of Lessor.
4.5 Unless otherwise agreed upon by the Partieswhichever occurs first, Lessee shall either: (a) pay the claim and remove the lien from the Premises or the Improvements, or (b) furnish either (1) a bond or cash deposit reasonably satisfactory to County in an amount not disclose less than the claim from which the lien arises, or (2) other security satisfactory to County in an amount not less than that which is sufficient to discharge the claim from which the lien arises. Upon the expiration or earlier termination of this Lease, subject to Section 3.3, Xxxxxx shall surrender the Premises and Improvements to County without any Intellectual Property outstanding violations of Lessor regarding and in full compliance with all Hazardous Materials Laws affecting the RPC Equipment; providedPremises and Improvements, however, Lessor hereby agrees that Lessee may disclose such information with Lxxxxx’s written consent and in accordance with the terms requirements of this Agreement as is reasonably necessary to any Governmental Authority for purposes of demonstrating that the Equipment, the Maintenance and the Equipment Removal are in compliance with Applicable Laws, including any environmental laws, regulations and standardsArticle 13.
4.6 Lessee shall not materially interfere with Lxxxxx’s performance of the Maintenance and the RPC Equipment Removal at the Work Site and shall otherwise cooperate with Lessor in the performance of the Maintenance and the RPC Equipment Removal. Lessee shall at all times be responsible for the acts and omissions of Lxxxxx’s personnel as if they were the acts or omissions of Lessee.
4.7 Lessee shall be responsible for the handling, collection, removal, transportation and disposal of any Hazardous Material at, on or under or adjacent to the Work Site or any site that the Equipment is operated at any time, other than Lessor Hazardous Materials (“Lessee Hazardous Materials”). If Lessee releases any Lessee Hazardous Material, other than petroleum resources in the daily operations of Lessee, Lessee shall promptly notify Lessor in writing, and Lessee shall take any necessary remedial action to clean up and dispose of such Lessee Hazardous Material.
4.8 Lessee shall promptly notify Lessor of any emergency of which Lessee becomes aware that affects safety or integrity of any person or property from the Equipment, other than known risks. Lessee shall promptly provide Lessor with written notice of any event that could reasonably be expected to adversely affect the RPC Equipment in any material respect.
4.9 During the Lease Term, Lessee shall be solely responsible for the operation of the RPC Equipment except for the Maintenance.
4.10 Lessee shall pay and be responsible for any Tax in connection with, or incident to, the operation of the Equipment (other than income taxes or payroll taxes of Lessor). Lessee shall reimburse Lessor for any such Tax paid by Lxxxxx upon receipt of a valid invoice for same, and shall indemnify Lessor for any Loss incurred by Lessor arising out of any action against Lessor to collect such Tax paid by Lessor on Lxxxxx’s behalf.
4.11 Lessee shall maintain adequate insurance as set forth herein
Appears in 1 contract
Samples: Ground Lease Agreement
