Common use of Oil and Hazardous Materials Clause in Contracts

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 3 contracts

Samples: Predix Pharmaceuticals Holdings Inc, EPIX Pharmaceuticals, Inc., EPIX Pharmaceuticals, Inc.

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Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) the presence or suspected presence in, on, under or about the Premises or discharge in or from the Premises of any Hazardous Materials, or Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.7, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 2 contracts

Samples: Lease (RMR Group Inc.), Lease (Reit Management & Research Inc.)

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraphforegoing, Tenant shall not be permittedprohibited from using minimal quantities of cleaning fluids, without the need for Landlord's prior consentphotocopy toner and other products or substances which may constitute or contain Hazardous Materials, but which are customarily present in or about premises devoted to first-class administrative office uses, provided that the transportation, use, storage and disposal thereof by Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials is in connection with the Permitted Uses provided such activities shall be in strict compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior noticethe manufacturer’s instructions and recommendations with respect thereto. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 2 contracts

Samples: Lease (Leap Therapeutics, Inc.), Leap Therapeutics, Inc.

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraphforegoing, Tenant shall not be permittedprohibited from using minimal quantities of cleaning fluids, without the need for Landlord's prior consentphotocopy toner and other products or substances which may constitute or contain Hazardous Materials, but which are customarily present in or about premises devoted to first-class administrative and medical office uses, provided that the transportation, use, storage and disposal thereof by Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials is in connection with the Permitted Uses provided such activities shall be in strict compliance with all Environmental Laws and any requirements of Landlord's insurer of which the manufacturer’s instructions and recommendations with respect thereto. If Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it Tenant shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9Subsection 6.2.7, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 2 contracts

Samples: Lease (AxoGen, Inc.), AxoGen, Inc.

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) the presence or suspected presence in, on, under or about the Premises or discharge in or from the Premises of any Hazardous Materials, or Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 2 contracts

Samples: Amylyx Pharmaceuticals, Inc., Cuisine Solutions Inc

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraphforegoing, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such may use and store products or substances which may constitute or contain Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject but which are customarily present in premises devoted to the remaining conditions Permitted Uses, in quantities necessary for the conduct of this Subsection 6.2.8, to introduce on or transfer to Tenant’s business at the Premises, generateprovided that the transportation, storeuse, use storage and dispose of Listed Materials disposal thereof by Tenant is in connection with the Permitted Uses provided such activities shall be in strict compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior noticethe manufacturer’s instructions and recommendations. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous MaterialsMaterials other than as permitted by the preceding paragraph, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials introduced to the property by Tenant and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.ten

Appears in 1 contract

Samples: Curis Inc

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, This paragraph shall not prohibit Tenant shall be permitted, without the need for Landlord's prior consentfrom using minimal quantities of products or substances which may constitute or contain Hazardous Materials, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject which are customarily present in or about premises devoted to the remaining conditions of this Subsection 6.2.8Permitted Use, to introduce on or transfer to the Premisesprovided (i) that such use, generateincluding storage and {B2323618; 13} disposal thereof, store, use and dispose of Listed Materials by Tenant is in connection with the Permitted Uses provided such activities shall be in strict compliance with all Environmental Laws and any requirements the manufacturer’s instructions and recommendations for the safe use, storage and disposal of Landlord's insurer such products, and (ii) Tenant follows the highest recognized standard of which Tenant shall have been given reasonable prior noticecare with respect to the use, storage and disposal of such products. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Lease (Pc Tel Inc)

Oil and Hazardous Materials. Except as permitted belowhereinafter provided, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer transport any Hazardous Materials from the Premises to any other location. Except as permitted below, Tenant shall not commit or suffer to be committed location in or on the Premises or Property any act which manner that would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to such Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer transport to the Premises or Property any Hazardous Materials, it shall forthwith remove the sameshall, at its sole cost and expense, do so in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any damage to any portion of the Premises or Property which it shall disturb cause in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereofMaterials. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten forty-five (1045) days of receipt, accurately complete any reasonable questionnaires from Landlord or other reasonable informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel reasonably satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are to the extent caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring required under applicable Environmental Laws of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however therewith to the extent caused by Tenant’s use, storage, transportation, disposal, release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises. Notwithstanding anything to the contrary contained in no event this Lease, Tenant shall Tenant be required by this Section 6.2.8 not have any obligations or liabilities, including any obligations to remediate indemnify, defend, protect, and hold Landlord free and harmless from, with respect to either (i) any contamination which shall have existed on Hazardous Materials existing in, on, under, about or from the Premises, the Property as of or the Complex prior to the Commencement Date which Tenant does not negligently release into the environment or which shall have migrated occupiable space in the Building, or (ii) any Hazardous Materials brought in, on, under, about, from or to the Premises, the Property or been brought to the Property Complex by any parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9, any acts its assignees or omissions of Tenantsubtenants, or its subtenants or assignees or its or their respective employees, agents, contractors or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenantinvitees.

Appears in 1 contract

Samples: Surgalign Holdings, Inc.

Oil and Hazardous Materials. Except as permitted below, Tenant shall not not, without Landlord’s prior written consent, which consent may be withheld by Landlord in its sole discretion: introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, nor ; generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, Tenant shall not ; or commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Tenant agrees that, if permitted by Landlord, Tenant’s use, generation or storage of Hazardous Materials in or on the Premises or Property shall comply with all Environmental Laws (as hereinafter defined). Notwithstanding the preceding paragraphforegoing, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits permitted to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose store within the Premises de minimus quantities of Listed Materials cleaning fluids, office supplies and similar substances and materials typically used for general office purposes, which may be classified as Hazardous Materials, so long as such substances and materials are used, stored and removed in connection with the Permitted Uses provided such activities shall be in compliance accordance with all Environmental Laws and any requirements of Laws. Unless otherwise permitted by Landlord's insurer of which Tenant shall have been given reasonable prior notice. , Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined)Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, out-of-pocket attorneys' fees ’ fees, costs and expensesdisbursements, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (ia) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (iib) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.7, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant. Landlord represents that, to Landlord’s knowledge, (i) Hazardous Materials have not been used, generated, manufactured, produced, stored, released, discharged or disposed of on, under or about the Property or transferred to or from the Property, except in material compliance with Environmental Laws and (ii) Landlord has not received any notice from any governmental authority that Hazardous Materials are present in, on or under the Property in violation of Environmental Laws. Landlord shall comply with all Environmental Laws in its operation of the Property. So long as not caused by Tenant or any subtenant of Tenant or any of its or their agents, contractors, employees or invitees, Landlord shall, in a manner that complies with all Environmental Laws, remove, transport and dispose of any Hazardous Material and perform all remediation and cleanup of the Premises, the Building and Property necessary to cause the Property to comply in all material respects with Environmental Laws. Except to the extent caused by Tenant or any subtenant of Tenant or any of its or their agents, contractors, employees or invitees, Tenant shall not be liable for the removal or remediation of any Hazardous Materials that are discovered on, under or about the Premises during the completion of the Landlord Improvements prior to the Commencement Date.

Appears in 1 contract

Samples: Lease (Cytek BioSciences, Inc.)

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraphforegoing, Tenant shall not be permittedprohibited from using minimal quantities of cleaning fluids, without the need for Landlord's prior consentphotocopy toner and other products or substances which may constitute or contain Hazardous Materials and/or Excepted Waste, but which are customarily present in or about premises devoted to first-class administrative and medical office and/or biomedical laboratory research uses and used in accordance with applicable Environmental Laws, provided that the transportation, use, storage and disposal thereof by Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials is in connection with the Permitted Uses provided such activities shall be in strict compliance with all Environmental Laws and any requirements of Landlord's insurer of which the manufacturer’s instructions and recommendations with respect thereto. If Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it Tenant shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9Subsection 6.2.7, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: AxoGen, Inc.

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, If Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it Tenant shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9Subsection 6.2.7, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Lease (Cerecor Inc.)

Oil and Hazardous Materials. Except as permitted belowprovided herein, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant Txxxxx agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Ultragenyx Pharmaceutical Inc.

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraphThis paragraph shall not prohibit Tenant from using minimal quantities of cleaning fluids, Tenant shall be permitted, without the need for Landlord's prior consentphotocopy toner and other products or substances which may constitute Hazardous Materials, but which are customarily present in or about premises devoted to first-class administrative office uses or medical offices providing ophthalmological laser surgery and related ophthalmological service, provided (i) that such use, including storage and disposal thereof, by Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials is in connection with the Permitted Uses provided such activities shall be in strict compliance with all Environmental Laws and any requirements the manufacturer's instructions and recommendations for the safe use and disposal of Landlord's insurer such products, and (ii) Tenant follows the highest recognized standard of which Tenant shall have been given reasonable prior noticecare with respect to the use and disposal of such products. Tenant agrees that if it Tenant or any of Tenant's employees, agents, contractors or invitees shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it Tenant shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the PremisesPremises by Tenant or Tenant's employees, agents, contractors or invitees, or (ii) Tenant's failure or the failure of any of Tenant's employees, agents or contractors to comply with any Environmental Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their by employees, agents, assignees, contractors or contractors subcontractors of Tenant or others acting for or on behalf of Tenant (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Perficient Inc

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Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined)) other than ordinary household cleaners or toner typically used for photocopy machines, computer printers or facsimile machines; nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. 214 Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel reasonably satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, reasonable attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in partparty, directly or indirectly, by (i) the presence or suspected presence in, on, under or about the Premises or discharge in or from the Premises of any Hazardous Materials, or Tenant's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Sonesta International Hotels Corp

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise shalt generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. thereof Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.7, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Letter Agreement (Stellar Acquisition III Inc.)

Oil and Hazardous Materials. Except as permitted hereinafter provided and as provided in Subsection 6.2.9 below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous MaterialsMaterials (other than as permitted by and in strict accordance with Subsection 6.2.9), it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, 39 fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) the presence or suspected presence in, on, under or about the Premises or discharge in or from the Premises of any Hazardous Materials, or Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9Subsection 6.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not have any obligations or liabilities, including any obligations to indemnify, defend, protect, and hold Landlord free and harmless from, with respect to either (i) any Hazardous Materials existing in, on, under, about or from the Premises, the Property or the Complex prior to the Commencement Date which Tenant does not negligently release into the environment or occupiable space in the Building, or (ii) any Hazardous Materials brought in, on, under, about, from or to the Premises, the Property or the Complex by any parties other than Tenant, its assignees or subtenants, or their respective employees, contractors or invitees.

Appears in 1 contract

Samples: Prometheus Biosciences, Inc.

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be in compliance with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior notice. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: AlerisLife Inc.

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor to generate, store, use, release, spill or dispose of any Hazardous Materials hazardous materials in or on the Premises or the Property, or to ; nor transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, Tenant The foregoing shall not commit or suffer apply to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials those materials customarily used in connection with the Permitted Uses general office, provided such activities Tenant shall be in compliance comply with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior noticeapplicable thereto. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous MaterialsMaterials in violation of this Lease, it shall forthwith promptly remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined)Laws, regardless of when provided that such Hazardous Materials shall be discovereddiscovered on or before the date which is three (3) years after the expiration or sooner termination of the term of this Lease. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion the landscaping and surface of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or Law with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days Business Days of receipt, accurately complete any reasonable questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Lease (Five Star Quality Care Inc)

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, Premises; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the PropertyPremises, or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted belowNotwithstanding the provisions of this Section 6.2.8, Tenant shall may, with Landlord’s prior approval, not commit or suffer to be committed in unreasonably withheld, conditioned or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutesdelayed, lawshandle, codesstore, ordinances, rules or regulations, present or future, applicable and use Hazardous Materials to the Property or extent necessary (in Tenant’s reasonable discretion) to Hazardous Materials. Notwithstanding the preceding paragraph, Tenant shall be permitted, without the need for Landlord's prior consent, but provided Tenant first submits to Landlord a list of all such Hazardous Materials (the "Listed Materials") and all permits required therefore and thereafter shall provide to Landlord operate Tenant’s business on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generateprovided that the same is a Permitted Use of the Premises. Tenant shall cause its business and operations, storeand its handling, storage, use and dispose disposal of Listed Hazardous Materials in connection with the Permitted Uses provided such activities shall be in compliance at all times to comply with all Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior noticesecure and abide by all permits and governmental approvals necessary for Tenant’s use, storage, disposal and transportation of Hazardous Materials, and Tenant shall give or post all notices required thereby. Landlord further acknowledges and agrees that Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials, which products are of a type customarily found in offices and households (such as aerosol cans containing insecticides, toner for copies, paints, paint remover, and the like), provided that Tenant shall handle, store, use, transport and dispose of any such Hazardous Materials in compliance with Environmental Laws and shall not allow such Hazardous Materials to contaminate the Premises. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, not later than the expiration or any earlier termination of the term of this Lease, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property Premises which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or PropertyPremises. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel reasonably satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in part, directly or indirectly, by (i) Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the PremisesPremises in breach of Tenant’s obligations under this Lease, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.96.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Lease (Mimedx Group, Inc.)

Oil and Hazardous Materials. Except as permitted below, Tenant shall not introduce on or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined)) except for those materials which are used in the normal course of Tenant’s business; and in the use, handling, storage and disposal of the same, the Tenant shall comply with all applicable Environmental Laws and with the standards provided therefor by the manufacturer thereof. In no event shall Tenant be liable for Hazardous Materials which exist at, in or under the Premises or Property as of the Date of this Lease; nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property, ; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises or the Property, Property or to transfer any Hazardous Materials from the Premises to any other location. Except as permitted below, ; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials. Notwithstanding the preceding paragraphforegoing, Tenant shall be permitted, without have the need for Landlord's prior consent, but provided Tenant first submits right to Landlord a list of all such use Hazardous Materials (which are required in the "Listed Materials") ordinary course of Tenant’s business, provided that Tenant handles, transports, stores, and all permits required therefore and thereafter shall provide to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits and subject to uses the remaining conditions of this Subsection 6.2.8, to introduce on or transfer to the Premises, generate, store, use and dispose of Listed Materials in connection with the Permitted Uses provided such activities shall be same in compliance with all applicable Environmental Laws and any requirements of Landlord's insurer of which Tenant shall have been given reasonable prior noticemanufacturers’ standards. Tenant agrees that if it shall otherwise generate, store, release, spill, dispose of or transfer to the Premises or Property any Hazardous Materials, it shall forthwith promptly remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's ’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's ’s use of the Premises and, in particular, to Tenant's ’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. 63 GSDOCS\2096218.11 Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, reasonable attorneys' fees and expenses, consultant fees, and expert fees that to the extent such claims arise from or are caused in whole or in partcaused, directly or indirectly, by (i) the presence or suspected presence in, on, under or about the Premises or discharge in or from the Premises of any Hazardous Materials, or Tenant's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's ’s failure to comply with any Environmental Laws. Tenant's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith; provided however in no event shall Tenant be required by this Section 6.2.8 to remediate any contamination which shall have existed on the Property as of the Commencement Date or which shall have migrated to the Property or been brought to the Property by parties other than Tenant. For purposes of this Section 6.2.8 and Section 6.1.9Subsection 6.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, contractors or contractors vendors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to Tenant.

Appears in 1 contract

Samples: Performance Technologies Inc \De\

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