Common use of Overloading, Nuisance, Etc Clause in Contracts

Overloading, Nuisance, Etc. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm Landlord’s property, the Premises or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of Landlord’s property or the Premises or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto the Premises any such materials or substances except to use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the identity of such substances or materials; permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to Landlord’s property or the Premises. Landlord may inspect the Premises from time to time, and Tenant will cooperate with such inspections. Without limitation, “hazardous substances” shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq. and the regulations adopted thereunder, and “hazardous materials” shall include such materials described in the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et. seq.; in the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21, and oil and hazardous materials as defined in the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L., Chapter 21E, and the regulations adopted under these acts. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence or absence of hazardous materials and substances on the Premises or Property. In all events, Tenant shall indemnify Landlord, Landlord’s property manager, and Landlord’s mortgagees as provided in Section 5.1.5 from any liability arising from or related to the release or threatened release of hazardous materials and substances on the Premises by or on behalf of Tenant, its agents, contractors and invitees. (At the request of Landlord, Tenant will from time to time confirm such indemnity to mortgagees directly with such mortgagees.) The provisions of this Section 5.1.8 shall survive the expiration or earlier termination of this Lease.

Overloading, Nuisance, Etc. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm Landlord’s property, the Premises or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of Landlord’s property or the Premises or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto the Premises any such materials or substances except to use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the identity of such substances or materials; permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to Landlord’s property or the Premises. Landlord may inspect the Premises from time to timetime (subject to the requirements set forth in Section 5.1.6 above), and Tenant will cooperate with such inspections. Without limitation, “hazardous substances” shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq. and the regulations adopted thereunder, and “hazardous materials” shall include such materials described in the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et. et seq.; in the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21, and oil and any state or local statutes governing hazardous materials as defined in the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L., Chapter 21Ematerials, and the regulations adopted under these acts. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence or absence of hazardous materials and substances on the Premises or Property. In all events, Tenant shall indemnify Landlord, Landlord’s property manager, and Landlord’s mortgagees as provided in Section 5.1.5 from any liability arising from or related to the release or threatened release of hazardous materials and substances on the Premises by or on behalf of Tenant, its agents, contractors and inviteesPremises. (At the request of Landlord, Tenant will from time to time confirm such indemnity to mortgagees directly with such mortgagees.) The provisions of this Section 5.1.8 shall survive the expiration or earlier termination of this Lease.

Overloading, Nuisance, Etc. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm Landlord’s property, the Premises or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of Landlord’s property or the Premises or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto the Premises any such materials or substances except to use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the identity of such substances or materials; permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to Landlord’s property or the Premises. Landlord may inspect the Premises from time to time, and Tenant will cooperate with such inspections. Without limitation, “hazardous substances” shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq. and the regulations adopted thereunder, and “hazardous materials” shall include such materials described in the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et. et seq.; in the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21, and oil and hazardous materials as defined in the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L., Chapter 21E, and the regulations adopted under these acts. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence or absence of hazardous materials and substances on the Premises or Property. In all events, Tenant shall indemnify Landlord, Landlord’s property manager, and Landlord’s mortgagees as provided in Section 5.1.5 from any liability arising from or related to the release or threatened release of hazardous materials and substances on the Premises by or on behalf of Tenant, its agents, contractors and inviteesPremises. (At the request of Landlord, Tenant will from time to time confirm such indemnity to mortgagees directly with such mortgagees.) The provisions of this Section 5.1.8 shall survive the expiration or earlier termination of this Lease.

Overloading, Nuisance, Etc. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm Landlord’s 's property, the Premises or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of Landlord’s 's property or the Premises Premises, or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto the Premises any such materials or substances except to use in the ordinary course of Tenant’s 's business, and then only after written notice is given to Landlord of the identity of such substances or materials (the identity of all such substances and materials, if any, so used on the date hereof being set forth on Appendix C); permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to Landlord’s 's property or the Premises. Landlord may inspect the Premises from time to timetime during business hours upon reasonable notice, and Tenant will cooperate with such inspections. Without limitation, “hazardous substances” substances shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 ss.9601 et seq. and the regulations adopted thereunder, and “hazardous materials” materials shall include such materials described in the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et. ss.6901 et seq.; in the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21, and oil and hazardous materials as defined in the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L., Chapter 21E, and the regulations adopted under these acts. In addition, Tenant Xxxxxx shall execute affidavits, representations and the like from time to time at Landlord’s 's reasonable request concerning Tenant’s Xxxxxx's best knowledge and belief regarding the presence or absence of hazardous materials and substances on the Premises or Propertyland pertaining thereto. In all events, Tenant Xxxxxx shall indemnify Landlord, Landlord’s property manager, Landlord and Landlord’s mortgagees as in the manner elsewhere provided in Section 5.1.5 from any liability arising from or related to the release or threatened release of hazardous materials and substances on the Premises by or on behalf of Tenant, its agents, contractors and inviteesoccurring while Tenant is in possession. (At the request of LandlordXxxxxxxx, Tenant Xxxxxx will from time to time confirm such indemnity to mortgagees directly with such mortgagees.) The provisions Landlord shall indemnify Tenant in the manner elsewhere provided from any release of this Section 5.1.8 hazardous materials in or around the Building resulting from any conduct or omission of Landlord or its employees or agents. Landlord shall survive use reasonable efforts to notify Tenant promptly if there is a release of hazardous materials at the expiration Building that Xxxxxxxx believes poses threat to the health or earlier termination safety of this Leaseoccupants of the Premises.

Overloading, Nuisance, Etc. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm Landlord’s 's property, the Premises (except for decorations and alterations permitted in this Lease) or any part or of component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically biologically, radioactive or chemically active or other hazardous substances or materials (collectively "hazardous substances") so as to impregnate, impair or in any manner adversely affect, even temporarily, any element or part of Landlord’s 's property or the Premises Premises, or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto the Premises any such materials or substances except to use in the ordinary course of Tenant’s 's business, and then only after written notice is given to Landlord of the identity of such substances or materials (the identity of all such substances and materials, if any, so used on the date hereof being set forth on Appendix C); permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to Landlord’s 's property or the Premises. Landlord may inspect the Premises from time to time, and Tenant will cooperate with such inspections. Without limitation, “hazardous substances” substances shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, amended 42 U.S.C. §9601 et seq. and the regulations adopted thereunder, and “hazardous materials” materials shall include such materials described in the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et. et seq.; in the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21, and oil and hazardous materials as defined in the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L., amended M.G.L. Chapter 21E, and the regulations adopted under these acts. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s 's request concerning Tenant’s 's best knowledge and belief regarding the presence or absence of hazardous materials and substances on the Premises or Propertyland pertaining thereof. In all events, Tenant shall indemnify Landlord, Landlord’s property manager, Landlord and Landlord’s mortgagees as in the manner elsewhere provided in Section 5.1.5 from any liability arising from or related to the release or threatened release of hazardous materials and substances on the Premises by or on behalf of Tenant, its agents, contractors and inviteesoccurring while Tenant is in possession. (At the request of Landlord, Tenant will from time to time confirm such indemnity to mortgagees directly with such mortgagees.) The provisions Landlord represents and warrants that, as of this Section 5.1.8 shall survive the expiration or earlier termination of this Leasedate hereof, to Landlord's knowledge no hazardous substances have been released on the Premises.

Overloading, Nuisance, Etc. Tenant shall not, either with or without negligence, injure, overload, deface, damage or otherwise harm Landlord’s 's property, the Premises or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of Landlord’s 's property or the Premises Premises, or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto the Premises any such materials or substances except to use in the ordinary course of Tenant’s 's business, and then only after written notice is given to Landlord of the identity of such substances or materials (the identity of all such substances and materials, if any, so used on the date hereof being set forth in a separate letter received by Landlord before the date of this Lease); permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to Landlord’s 's property or the Premises. Landlord may inspect the Premises from time to time, and Tenant will cooperate with such inspections. Without limitation, “hazardous substances” substances shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq. and the regulations adopted thereunder, and “hazardous materials” materials shall include such materials described in the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et. et seq.; in the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21, and oil and hazardous materials as defined in the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L., M.G.L. Chapter 21E21 E, and the regulations adopted under these acts. In addition, Tenant Xxxxxx shall execute affidavits, representations and the like from time to time at Landlord’s 's request concerning Tenant’s Xxxxxx's best knowledge and belief regarding the presence or absence of hazardous materials and substances on the Premises or Propertyland pertaining thereto. In all events, Tenant Xxxxxx shall indemnify Landlord, Landlord’s property manager, Landlord and Landlord’s mortgagees as in the manner elsewhere provided in Section 5.1.5 from any liability arising from or related to the release or threatened release of hazardous materials and substances on the Premises or in the Park by or on behalf of Tenant, its agentsby Tenant's employees, agents or contractors and inviteesor by those claiming by, through or under Tenant. (At the request of LandlordXxxxxxxx, Tenant Xxxxxx will from time to time confirm such indemnity to mortgagees directly with such mortgagees.) The provisions Landlord shall indemnify Tenant from any past or future release of this Section 5.1.8 shall survive hazardous materials on the expiration Premises or earlier termination of this Lease.in the Park by Landlord, by Landlord's employees, agents or contractors. -76-

Overloading, Nuisance, Etc. Tenant shall not, either with or without negligence, not injure, overload, deface, damage or otherwise harm Landlord’s property, the Premises or any part or component thereof; commit any nuisance; permit the emission of any hazardous agents or substances; allow the release or other escape of any biologically or chemically active or other hazardous substances or materials so as to impregnate, impair or in any manner affect, even temporarily, any element or part of Landlord’s property or the Premises Premises, or allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials; nor shall Tenant bring onto the Premises any such materials or substances except to use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the identity of such substances or materialsin full compliance with all applicable laws and regulations; permit the occurrence of objectionable noise or odors; or make, allow or suffer any waste whatsoever to Landlord’s property or the Premises. Upon request, Tenant shall provide Landlord with a written list of any such materials or substances used in the ordinary course of Tenant’s business on the Premises (other than ordinary office and cleaning supplies used by Tenant in ordinary amounts for first-class business offices). A list of all such substances and materials, if any, used by Tenant in the business it contemplates operating on the Premises, as of the date hereof, is attached hereto as Appendix B. Landlord may inspect the Premises from time to time, and Tenant will cooperate with such inspections. Without limitation, “hazardous substances” substances shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq. and the regulations adopted thereunder, and “hazardous materials” materials shall include such materials described in the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et. et seq.; in the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 2121C, and oil and hazardous materials as defined in the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L., M.G.L. Chapter 21E, and the regulations adopted under these acts. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s reasonable request concerning Tenant’s best knowledge and belief regarding the presence or absence of hazardous materials and substances on the Premises or Propertyland pertaining thereto. In all events, Tenant shall indemnify Landlord, Landlord’s property manager, Landlord and Landlord’s mortgagees as in the manner elsewhere provided in Section 5.1.5 from any liability arising from or related to the release or threatened release of hazardous materials and substances released by Tenant or its agents, contractors, employees or invitees on the Premises by or on behalf of Tenant, its agents, contractors and invitees. (At the request of Landlord, Building occurring while Tenant will from time to time confirm such indemnity to mortgagees directly with such mortgageesis in possession.) The provisions of this Section 5.1.8 shall survive the expiration or earlier termination of this Lease.