Common use of Permitted Materials Clause in Contracts

Permitted Materials. Notwithstanding Section 5.2 to the contrary, but subject to clauses (i) and (ii) of this Section 5.3, below, Tenant shall be permitted to temporarily store reasonable amounts of Hazardous Materials that are used in the ordinary course of Tenant's operation of the Permitted Use (the "Permitted Materials") provided (i) such Permitted Materials are properly used, stored and disposed of in a manner and location meeting the requirements of all Environmental Laws and (ii) all Permitted Materials shall be approved in advance by Landlord with the exception those materials typically used in the operation of standard office equipment or for cleaning purposes, such as office cleaners, printing toners and the like, and which are used stored and disposed of in accordance with all applicable Environmental Laws (which common materials shall not require special written approval by Landlord). Any use, storage and disposal of Permitted Materials shall be subject to all of the terms of this Section 5 (except for the terms prohibiting same), and Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency with respect to any Permitted Materials. If said Permitted Materials are not being stored, used, or disposed of in compliance with all applicable laws, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within forty-eight (48) hours (or such lesser time period as may be appropriate in the event of Emergency (as defined herein), Landlord shall have the right to perform such work on Tenant's behalf and at Tenant's sole expense, and Tenant shall promptly reimburse Landlord for any and all reasonable costs associated with said work.

Appears in 2 contracts

Samples: Lease (Marcam Solutions Inc), Lease (Arbor National Holdings Inc)

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Permitted Materials. Notwithstanding Section 5.2 to the contrary, but subject to clauses (i) and (ii) of this Section 5.3, below, Tenant shall be permitted to temporarily store reasonable amounts of Hazardous Materials that are used in the ordinary course of Tenant's operation of the Permitted Use Uses (the "Permitted Materials") provided (i) such Permitted Materials are properly used, stored and disposed of in a manner and location meeting the requirements of all Environmental Laws and (ii) all Permitted Materials shall be approved in advance by Landlord with the exception those materials typically used in the operation of standard office equipment or for cleaning purposes, such as office cleaners, printing toners and the like, and which are used stored and disposed of in accordance with all applicable Environmental Laws (which common materials shall not require special written approval by Landlord). Any use, storage and disposal of Permitted Materials shall be subject to all of the terms of this Section 5 (except for the terms prohibiting same), and Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency with respect to any Permitted Materials. If said Permitted Materials are not being stored, used, or disposed of in compliance with all applicable laws, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within forty-eight (48) hours (or such lesser time period as may be appropriate in the event of Emergency (as defined hereinin Section 47.18(E) below), Landlord shall have the right to perform such work on Tenant's behalf and at Tenant's sole expense, and Tenant shall promptly reimburse Landlord for any and all reasonable costs associated with said work.

Appears in 1 contract

Samples: MCK Communications Inc

Permitted Materials. Notwithstanding Section Sections 5.1 and 5.2 of this Lease to the contrary, but subject to clauses (i) and (ii) of this Section 5.3, below, Tenant shall be permitted to temporarily store and use reasonable amounts of Hazardous Materials that are used in the ordinary course of Tenant's operation of the Permitted Use general office and administrative business operations (the "Permitted Materials") provided (i) such Permitted Materials are properly used, stored and disposed of in a manner and location meeting the requirements of all Environmental Laws and (ii) all Permitted Materials shall be approved in advance by Landlord with the exception other than those materials typically used in the operation of standard office equipment or for cleaning purposes, such as office cleaners, printing toners and the like, and which are used stored and disposed of in accordance with all applicable Environmental Laws (which common materials shall not require special written approval by Landlord), such Permitted Materials have been approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Any use, storage and disposal of Permitted Materials shall be subject to all of the terms of this Section Article 5 (except for the terms prohibiting same), and Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency with respect to any the Permitted Materials. If said Permitted Materials are not being improperly stored, used, used or disposed of in compliance with all applicable lawsof, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within forty-eight twenty- four (4824) hours (or such lesser time period as may be appropriate in the event of Emergency (as defined herein)hours, Landlord shall have the right to perform such work on Tenant's behalf and at Tenant's sole expense, and Tenant shall promptly reimburse Landlord for any and all reasonable costs associated with said work.

Appears in 1 contract

Samples: Lease (Boron Lepore & Associates Inc)

Permitted Materials. Notwithstanding Section 5.2 to the contrary, but subject to clauses (i) and (ii) of this Section 5.3, belowforegoing, Tenant and its assignees, subtenants and licensees shall be permitted to temporarily store reasonable amounts of Hazardous Materials that are typically used in the an ordinary course of Tenant's operation of the Permitted Use office use (the "Permitted Materials") provided (i) such Permitted Materials are properly used, stored and disposed of in a manner and location meeting the requirements of all Environmental Laws and (ii) all Permitted Materials shall be approved in advance by Landlord with the exception those materials typically used in the operation of standard office equipment or for cleaning purposes, such as office cleaners, printing toners and the likeLaws, and which are used stored and disposed of in accordance with all applicable Environmental Laws (which common materials further provided that Tenant shall not require special written approval by not, without Landlord)’s consent, have any on-site laboratory facility within the Premises. Any such use, storage and disposal of Permitted Materials shall be subject to all of the terms of this Section 5 (except for the terms prohibiting same), and Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency with respect to any the Permitted Materials. If Landlord in its reasonable opinion determines that said Permitted Materials are not being improperly stored, used, used or disposed of in compliance with all applicable lawsof, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within fortytwenty-eight four (4824) hours (or such lesser time period as may be appropriate in the event of Emergency (as defined herein)hours, Landlord shall have the right to perform such work on Tenant's ’s behalf and at Tenant's ’s sole expense, and Tenant shall promptly reimburse Landlord for any and all reasonable costs associated with said work.

Appears in 1 contract

Samples: Deed of Lease (NCI, Inc.)

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Permitted Materials. Notwithstanding Section 5.2 to the contrary, but subject to clauses (i) and (ii) of this Section 5.3, below, Tenant shall be permitted to temporarily store reasonable amounts of Hazardous Materials that are used in the ordinary course of Tenant's operation ’s Operation of the Permitted Use (the "Permitted Materials") provided (i) such Permitted Materials are properly used, stored and disposed of in a manner and location meeting the requirements of all Environmental Laws and (ii) all Permitted Materials shall be approved in advance by Landlord with the exception those materials typically used in the operation of standard office equipment or for cleaning purposes, such as office cleaners, printing toners and the like, and which are used stored and disposed of in accordance with all applicable Environmental Laws (which common materials shall not require special written approval by Landlord). Any use, storage and disposal of Permitted Materials shall be subject to all of the terms of this Section 5 (except for the terms prohibiting same), and Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency with respect to any Permitted Materials. If said Permitted Materials are not being stored, used, or disposed of in compliance with all applicable laws, then Tenant shall immediately take :such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within forty-eight (48) hours (or such lesser time period as may be appropriate in the event of Emergency Emergency. (as defined herein), Landlord shall have the right to perform such work on Tenant's ’s behalf and at Tenant's ’s sole expense, and Tenant shall promptly reimburse Landlord for any and all reasonable costs associated with said work.

Appears in 1 contract

Samples: Lease (Wave2Wave Communications, Inc.)

Permitted Materials. Notwithstanding Notwithstanding. Section 5.2 to the contrary, but subject to clauses (i) and (ii) of this Section 5.3, below, Tenant shall be permitted to temporarily store reasonable amounts of Hazardous Materials that are used in the ordinary course of Tenant's operation ’s Operation of the Permitted Use (the "Permitted Materials") provided (i) such Permitted Materials are properly used, stored and disposed of in a manner and location meeting the requirements of all Environmental Laws and (ii) all Permitted Materials shall be approved in advance by Landlord with the exception those materials typically used in the operation of standard office equipment or for cleaning purposes, such as office cleaners, printing toners and the like, and which are used stored and disposed of in accordance with all applicable Environmental Laws (which common materials shall not require special written approval apprdval by Landlord). Any use, storage and disposal of Permitted Materials shall be subject to all of the terms of this Section 5 (except for the terms prohibiting same), and Tenant shall be responsible for obtaining any required permits and paying any paying. ny fees and providing any testing required by any governmental agency with respect to any Permitted Materials. If said Permitted Materials are not being stored, used, or disposed of in compliance with all applicable laws, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within forty-eight (48) hours (or such lesser time period as may be appropriate in the event of Emergency (as defined herein), Landlord shall have the right to perform such work on Tenant's ’s behalf and at Tenant's ’s sole expense, and Tenant shall promptly reimburse Landlord for any and all reasonable costs associated with said work.

Appears in 1 contract

Samples: Lease (Wave2Wave Communications, Inc.)

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