No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be released or discharged only in accordance with all applicable Laws, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site, and (d) any remaining such Hazardous Materials shall be completely and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 4 contracts
Samples: Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.)
No Hazardous Materials. Except for the United States Navy’s Section 330 of Public Law 102-484, as amended, Indemnity Obligations and other continuing CERCLA and other hazardous remediation obligations, Tenant covenants and agrees that neither Tenant nor any of its Agents or Invitees shall cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated or disposed of in, on or about the Premises or transported to or from the Premises without the prior written approval of Landlord, which approval may be withheld in Landlord’s sole and absolute discretion. Tenant shall not transportimmediately notify Landlord if and when Tenant learns or has reason to believe there has been any release of Hazardous Material in, use, store, maintain, generate, manufacture, handle, dispose, release on or discharge about the Premises. Landlord may from time to time request Tenant to provide adequate information for Landlord to determine that any Hazardous MaterialsMaterial permitted hereunder is being handled in compliance with all Hazardous Materials Laws, and Tenant shall promptly provide all such information. HoweverLandlord and its Agents shall have the right to inspect the Premises for Hazardous Material and compliance with the provisions hereof at all reasonable times upon reasonable advance oral or written notice to Tenant (except in the event of an emergency). Tenant agrees that it shall comply, without limiting the foregoing, with the provisions of Article 21 of the San Francisco Health Code including, without limitation, regarding obtaining and complying with the requirements of an approved hazardous materials management plan. Tenant agrees that it shall comply with the restrictions or limitations set forth in the Navy Deed, the foregoing provisions shall not prohibit Covenant to Restrict Use of Property (the transportation “CRUP”, if any relate to and fromthe Premises), and useany additional requirements imposed by regulators with jurisdiction over the Premises. Tenant shall be permitted to handle and store waste oil, storagepaint, maintenancebatteries, generation, manufacture fuel and handling within the Premises of other Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such compliance with Hazardous Materials shall be used Laws and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly its operations in accordance with applicable Law, (b) such Hazardous Materials shall not be disposed of in order to keep the Building or on the Property and shall be released or discharged only in accordance with all applicable Laws, and shall be transported to and same from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company (subject to scheduling and approval being improperly discarded by Landlord, not to be reasonably withheld) at a lawful disposal site, and (d) any remaining such Hazardous Materials shall be completely and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such testsBoat Slip Renters.
Appears in 2 contracts
Samples: Island Marina Lease, Sailing Center Lease
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be Ring Central, Inc. Lease 32 used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, highest prevailing standards, and the manufacturers’ instructions therefor, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be of, released or discharged only in accordance with all applicable Lawsthe Building, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, arrangements at Tenant’s expense, expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site), and (d) any remaining such Hazardous Materials shall be completely completely, properly and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. jurisdiction or reasonably required by Landlord, If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 2 contracts
Samples: Office Lease, Office Lease (RingCentral Inc)
No Hazardous Materials. Tenant Tenants shall not transport, use, storedispose of or otherwise allow the release of any Hazardous materials in, maintainon or under the Premises, generatethe Building, manufacturethe Property, handleor any adjacent property, disposeor in any improvements thereto, release thereon or discharge therein. Tenant represents and warrants to Landlord that Tenant's intended use of the Premises does not involve the use, production, disposal or bringing on to the Premises, the Building or the Property of any Hazardous Materials. HoweverAs used herein, the foregoing provisions term "Hazardous Materials" includes any substance, waste or material defined or designated as hazardous, toxic or dangerous (or any similar term) by any federal, state or local statute, regulation, rule or ordinance now or hereafter in effect. Tenant shall not prohibit the transportation to promptly comply with all statutes, regulations and fromordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, maintenancecontrol, generationremoval or cleanup of Hazardous Materials in, manufacture on or under the Premises, the Building, the Property or any adjacent property, or incorporated in any improvements thereto, thereon, therein, at Tenant's expense. After notice to Tenant and handling within a reasonable opportunity for Tenant to effect such compliance, Landlord may, but shall not be obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the Premises. However, Landlord shall not be obligated to give Tenant notice and an opportunity to effect compliance if (i) such delay might result in material adverse harm to Landlord, the Premises, the Building or the Property; (ii) Tenant has already had actual knowledge of the situation and a reasonable opportunity to effect compliance, or (iii) Landlord reasonably believes that an emergency exists. Whether or not Tenant has actual knowledge of the release of Hazardous Material on the Premises, the Building, the Property or any adjacent property as the result of Tenant's use of the Premises, the Building or the Property, Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord relating to such Hazardous Materials or in connection with such compliance activities. Tenant shall notify Landlord immediately of any release of any Hazardous Materials on the Premises of Hazardous Materials customarily used in the business or activity expressly permitted which Tenant is aware. Tenant agrees to be undertaken in the Premises under Article 6indemnify and hold harmless Landlord against any and all losses, provided: liabilities, suits, obligations, fines, damages, judgments, penalties, claims, charges, cleanup costs, remedial actions, costs and expenses (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be released or discharged only in accordance with all applicable Laws, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site, and (d) any remaining such Hazardous Materials shall be completely and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall includeincluding, without limitation, attorneys' and other professional fees and disbursements) that may be imposed on, incurred or paid by, or asserted against Landlord, the Premises, the Building, or the Property by reason of, or in connection with (i) any testingmisrepresentation, investigationbreach of warranty or other default by Tenant under this Section 5.2, and or (ii) the preparation and implementation acts or omissions of Tenant, its officers, contractors, subcontractors, licensees, agents, servants, employees, guests, invitees or visitors, or any assignee or sublessee or other person for whom Tenant would otherwise be liable, resulting in the release of any remedial action plan required Hazardous Materials. All of Tenant's obligations and liabilities under this Section 5.2 shall survive expiration or other termination of this Lease and shall be separately enforceable by any governmental body having jurisdictionLandlord. If Landlord or any Lender or governmental body arranges for any tests or studies showing certifies that this Article has been violated by Tenant, Tenant shall pay for to the costs best of such teststheir knowledge and belief the Premises are free from Asbestos.
Appears in 2 contracts
Samples: Office Lease Agreement (Edgar Online Inc), Office Lease Agreement (Edgar Online Inc)
No Hazardous Materials. Except for the United States Navy’s Section 330 of Public Law 102-484, as amended, Indemnity Obligations and other continuing CERCLA and other hazardous remediation obligations, Tenant covenants and agrees that neither Tenant nor any of its Agents or Invitees shall cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated or disposed of in, on or about the Premises or transported to or from the Premises without the prior written approval of Landlord, which approval may be withheld in Landlord’s sole and absolute discretion. Tenant shall not transportimmediately notify Landlord if and when Xxxxxx learns or has reason to believe there has been any release of Hazardous Material in, use, store, maintain, generate, manufacture, handle, dispose, release on or discharge about the Premises. Landlord may from time to time request Tenant to provide adequate information for Landlord to determine that any Hazardous MaterialsMaterial permitted hereunder is being handled in compliance with all Hazardous Materials Laws, and Tenant shall promptly provide all such information. HoweverLandlord and its Agents shall have the right to inspect the Premises for Hazardous Material and compliance with the provisions hereof at all reasonable times upon reasonable advance oral or written notice to Tenant (except in the event of an emergency). Tenant agrees that it shall comply, without limiting the foregoing, with the provisions of Article 21 of the San Francisco Health Code including, without limitation, regarding obtaining and complying with the requirements of an approved hazardous materials management plan. Tenant agrees that it shall comply with the restrictions or limitations set forth in the Navy Deed, the foregoing provisions shall not prohibit Covenant to Restrict Use of Property (the transportation “CRUP”, if any relate to and fromthe Premises), and useany additional requirements imposed by regulators with jurisdiction over the Premises. Tenant shall be permitted to handle and store waste oil, storagepaint, maintenancebatteries, generation, manufacture fuel and handling within the Premises of other Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such compliance with Hazardous Materials shall be used Laws and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly its operations in accordance with applicable Law, (b) such Hazardous Materials shall not be disposed of in order to keep the Building or on the Property and shall be released or discharged only in accordance with all applicable Laws, and shall be transported to and same from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company (subject to scheduling and approval being improperly discarded by Landlord, not to be reasonably withheld) at a lawful disposal site, and (d) any remaining such Hazardous Materials shall be completely and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such testsBoat Slip Renters.
Appears in 2 contracts
Samples: Island Marina Lease, Sailing Center Lease
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, handle and dispose, release or discharge any Hazardous Materials, except as expressly permitted hereunder and; in accordance with all applicable Laws. However, the foregoing provisions shall not prohibit the transportation to and from, from and use, storage, maintenance, generation, manufacture and handling manufacture, handling, disposal, release or discharge within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used used, stored maintained, generated, manufactured and maintained handled only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s 's business therein, strictly in accordance with applicable LawLaws, (b) such Hazardous Materials shall not be disposed of of, released or discharged in the Building or on the Property and shall be released or discharged only except in accordance with all applicable Laws, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s 's trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s Tenor s expense, for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and reasonable approval by Landlord, not to be reasonably withheld) at a lawful disposal site), and (d) any remaining such Hazardous Materials shall be completely and lawfully properly removed from the Building upon expiration or earlier termination of this LeaseLease in accordance with all applicable Laws such that there remains no greater amount of any Hazardous Material than existed as of the Commencement Date. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s 's reasonable prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. If Landlord or any Lender or governmental body arranges for requires any tests or studies showing in connection with Tenant's alleged violation of this Section, Tenant shall pay for the costs of such tests, In addition, if Landlord or Landlord's lender requires any tests or studies in connection with Tenant's alleged violation of this Section and such tests reveal that Tenant has, in fact, violated this Article has been violated by TenantSection, Tenant shall pay for the costs of such tests.
Appears in 2 contracts
Samples: Lease (Archemix Corp.), Office Lease (Archemix Corp.)
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture and handling within the Premises of Hazardous Materials customarily Except general office supplies typically used in the business or activity expressly permitted to be undertaken an office area in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business, such as copier toner, liquid paper, glue, ink, and cleaning solvents, for use in the manner for which they were designed, in such amounts as may be normal for the office business thereinoperations conducted by Tenant on the Property, strictly in accordance with applicable Lawneither Tenant nor its agents, (b) such employees, contractors, licensees, sublessees, assignees, concessionaires or invitees shall use, handle, store or dispose of any Hazardous Materials shall not be disposed of in the Building in, on, under or on the Property and shall be released or discharged only in accordance with all applicable Laws, and shall be transported to and from about the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trashthe Building. If Tenant breaches the foregoing restriction, Tenant shall make arrangementsbe solely responsible for and shall indemnify, at Tenant’s expensedefend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in valuation of the Premises or Building, and sums paid in settlement of claims and for attorneys' fees, consultant fees and expert fees) which arise during or after the term of the Lease as a result of any contamination directly or indirectly arising from the activities which are the basis for such disposal directly breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with a qualified any investigation of site conditions or any clean-up, remedial, removal or restoration work and licensed disposal company (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site, and (d) any remaining such Hazardous Materials shall be completely and lawfully removed from survive the Building upon expiration or earlier termination of this the Lease. Any clean Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the premises and/or building to the condition existing prior to the introduction of any such Hazardous Material, provided Landlord's approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, remediation restoration or other work, at Tenant's sole cost and removal work required expense. Furthermore, Tenant shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and Property concerning the preparation and implementation presence of any remedial Hazardous Material. Tenant acknowledges that Landlord, at Landlord's election, shall have the sole right, at Tenant's expense, to negotiate, defend, approve and appeal any action plan required taken or order issued by any governmental body having jurisdiction. If Landlord or authority with regard to any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Hazardous Material contamination which Tenant shall pay for the costs of such testsis obligated hereunder to remediate.
Appears in 1 contract
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use the Permitted Use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, ; (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be of, released or discharged only in accordance with all applicable Lawsthe Building, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, ; (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site, ); and (d) any remaining such Hazardous Materials shall be completely completely, properly and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdictionjurisdiction or reasonably required by Landlord. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article 27 has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
No Hazardous Materials. Tenant shall not transport, use, store, ----------------------- maintain, generate, manufacture, handle, dispose, release release, or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s 's business therein, strictly in accordance with applicable Law, highest prevailing standards, and the manufacturers' instructions therefor, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be of, released or discharged only in accordance with all applicable Lawsthe Building, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s 's trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, arrangements at Tenant’s expense, 's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site), and (d) any remaining such Hazardous Materials shall be completely completely, properly and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s 's prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdictionGovernmental Body or reasonably required by Landlord. If Landlord or any Lender or governmental Governmental body arranges for any tests or studies showing showing, that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
No Hazardous Materials. Landlord represents to Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge that Landlord has never Handled any Hazardous Materials. HoweverMaterial in, on or under the foregoing provisions shall not prohibit Land in violation of Environmental Laws and that, to Landlord’s actual knowledge, except (i) to the transportation to and fromextent, if any, disclosed in that certain Phase I Environmental Assessment prepared by Xxxxxxx Environmental, Inc., dated November 24, 1998, a copy of which Tenant acknowledges it has heretofore received from Landlord, and use(ii) for a certain underground storage tank, storagewhich Landlord has removed from the Land in accordance with all Environmental Laws prior to the Commencement Date, maintenanceno Hazardous Materials have been Handled in or upon the Land in violation of Environmental Laws. All Base Building Work shall be constructed in a manner that does not incorporate therein any Hazardous Materials in excess of quantities permitted by applicable Environmental Laws (and Landlord agrees at its sole cost and expense to promptly remove any such Hazardous Materials so incorporated in such construction promptly after discovery thereof). No Hazardous Materials shall be Handled upon, generationabout, manufacture and handling within above or beneath the Premises or any portion of the Property by Tenant, its subtenants, or their respective contractors, clients, officers, directors, employees, or invitees (any such Hazardous Materials so handled being referred to as “Tenant’s Hazardous Materials”). No Hazardous Materials shall be Handled upon, about, above or beneath the Premises or any portion of the Property by or on behalf of Landlord or its contractors, officers, directors, employees or invitees (but specifically excluding tenants or occupants of the Building) (any such Hazardous Materials so Handled being referred to as “Landlord’s Hazardous Materials”). Notwithstanding the foregoing, (i) normal quantities of Tenant’s Hazardous Materials customarily used in the business conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) and construction, operation and maintenance of leasehold improvements and trade fixtures, may be Handled at the Premises or activity expressly permitted to be undertaken the Building, and (ii) normal quantities of Landlord’s Hazardous Materials customarily used in the Premises under Article 6construction, provided: (a) such operating and maintenance of office buildings may be Handled at the Property. Landlord’s Hazardous Materials and Tenant’s Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be released or discharged only in accordance with Handled at all applicable Laws, and shall be transported to and from the Premises times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site, and (d) any remaining such Hazardous Materials shall be completely and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
Samples: Lease (Hyatt Hotels Corp)
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s 's business therein, strictly in accordance with applicable Law, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be released or discharged only in accordance with all applicable Laws, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s 's trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s 's expense, for such disposal directly with a qualified and licensed disposal company (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site, and (d) any remaining such Hazardous Materials shall be completely and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s 's prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
Samples: Alnylam Pharmaceuticals Inc
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous MaterialsMaterials at the Project. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, Law and the manufacturers’ instructions therefore; (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be of, released or discharged only in accordance with all applicable Lawsthe Building, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, ; (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and reasonable approval by Landlord, not to be reasonably withheld) at a lawful disposal site, ); and (d) any remaining such Hazardous Materials shall be completely completely, properly and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval approval, not to be unreasonably withheld, conditioned or delayed (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdictionjurisdiction or reasonably required by Landlord. If Landlord or any Lender or governmental body arranges for any tests or studies showing which show that this Article 27 has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
Samples: Office Lease (Enernoc Inc)
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s 's business therein, strictly in accordance with applicable Law, highest prevailing standards, and the manufacturers' instructions therefor, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be of, released or discharged only in accordance with all applicable Lawsthe Building, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s 's trash removal removed contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, arrangements at Tenant’s expense, 's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval approved by Landlord, not to be reasonably withheld) at a lawful disposal site), and (d) any remaining such Hazardous Materials shall be completely completely, properly and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s 's prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdictionjurisdiction or reasonably required by Landlord. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
Samples: Suburban Lodges of America Inc
No Hazardous Materials. Tenant shall not transportkeep the Premises, useor cause the Premises to be kept, storefree and clear of any "hazardous substances," "hazardous materials," "toxic substances," "hazardous wastes," "pollutants" or "contaminants," as such terms and words of similar import (collectively called "Hazardous Materials") are defined or used in the federal and state environmental laws presently existing as of the Effective Date or hereafter enacted (collectively called the "Environmental Laws') or if the use of certain Hazardous Materials is required or permitted to be used in the construction of any improvements within the Premises (for example, maintainwood preservatives) or in the operation of any businesses within the Premises (for example, generatecleaning agents), manufacturethe Tenant shall use and dispose such Hazardous Materials, handleor cause such Hazardous Materials to be used and disposed, disposein compliance with the applicable laws. Tenant shall promptly notify the Landlord, in writing, if the Tenant at any time shall become aware of any spillage, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture and handling within the Premises of Hazardous Materials customarily used in on, within or under the business Premises, and shall provide such detailed reports thereof as the Landlord may reasonably request. Tenant shall indemnify and hold Landlord Parties harmless against all costs and expenses (including reasonable attorneys' fees), losses, damages, and liabilities incurred by the Landlord which may arise out of or activity expressly permitted to may directly or indirectly be undertaken in the Premises under Article 6, providedattributable to: (a) such Tenant's use, generation, manufacture, treatment, handling, refining, production, processing, storage, release, discharge, disposal or presence of any Hazardous Materials on or within the Premises which shall be used occur during the Lease Term; (b) any amounts assessed against Landlord pursuant to the laws based upon Landlord's ownership of the Premises, for the clean-up or disposal of Hazardous Materials described in the foregoing clause (a); and maintained only in such quantities as are reasonably necessary for such permitted (c) the Landlord's enforcement of Tenant's covenants hereunder, whether or not suit is brought therefor. This indemnity shall not apply to any Hazardous Materials or hazardous waste conditions that existed prior to the Effective Date and exacerbated due to Tenant's use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, (b) such Hazardous Materials Premises. This indemnity shall not be disposed of in the Building survive any termination or on the Property and shall be released or discharged only in accordance with all applicable Laws, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site, and (d) any remaining such Hazardous Materials shall be completely and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
Samples: Lease (Cannabis Global, Inc.)
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s 's business therein, strictly in accordance with applicable Law, highest prevailing standards, and the manufacturers' instructions therefor, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be of, released or discharged only in accordance with all applicable Lawsthe Building, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s 's trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, arrangements at Tenant’s expense, 's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site), and (d) any remaining such Hazardous Materials shall be completely completely, properly and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s 's prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdiction. If Landlord jurisdiction or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.reasonably
Appears in 1 contract
Samples: Office Lease (Link2gov Corp)
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, highest prevailing standards, and the manufacturers’ instructions therefor, (b) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be of, released or discharged only in accordance with all applicable Lawsthe Building, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site), and (d) any remaining such Hazardous Materials shall be completely completely, properly and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdictionjurisdiction or reasonably required by Landlord. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
Samples: Office Lease (TRX Inc/Ga)
No Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance, generation, manufacture maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under Article 6, provided: (ai) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Law, highest prevailing standards, and the manufacturers’ instructions therefore; (bii) such Hazardous Materials shall not be disposed of in the Building or on the Property and shall be of, released or discharged only in accordance with all applicable Lawsthe Building, and shall be transported to and from the Premises in compliance with all applicable Laws, and as Landlord shall reasonably require, ; (ciii) if any applicable Law or Landlord’s trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord, not to be reasonably withheld) at a lawful disposal site, ); and (div) any remaining such Hazardous Materials shall be completely completely, properly and lawfully removed from the Building upon expiration or earlier termination of this Lease. Any clean up, remediation and removal work required of Tenant by Law or the terms of this Lease shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any governmental body having jurisdictionjurisdiction or reasonably required by Landlord. If Landlord or any Lender or governmental body arranges for any tests or studies showing that this Article has been violated by Tenant, Tenant shall pay for the costs of such tests.
Appears in 1 contract
Samples: Lease and Lease Termination Agreement (Salix Pharmaceuticals LTD)