Common use of Permitted Materials Clause in Contracts

Permitted Materials. Notwithstanding Paragraph 6.4 of the Lease, Tenant may use, keep and store in the Premises those Hazardous Materials listed on Exhibit "C" attached hereto, and such other Hazardous Materials which may be approved by Landlord from time to time in Landlord's reasonable discretion, in such quantities and volumes as are necessary to conduct Tenant's business in the Premises ("Permitted Materials"). Permitted Materials shall be used, kept, stored, disposed of, removed, and transported in strict compliance with all laws, ordinances, regulations, rules, orders, and policies of any federal, state, county, municipal, or other governmental authority (collectively, "Governmental Authority") having jurisdiction over Hazardous Materials ("Environmental Laws"). Upon Landlord's reasonable, written request, Tenant shall provide Landlord with an updated list of all Permitted Materials used, kept, or stored in the Premises. Tenant shall promptly comply with any law, ordinance, or regulation of any Governmental Authority requiring modifications to the Premises or the improvements thereon that are intended to protect the Premises and the environment against the release of Hazardous Materials. Tenant shall obtain all necessary permits from applicable Governmental Authorities required to maintain the Permitted Materials and shall furnish Landlord, upon reasonable request by Landlord, with copies of such permits or any plans, reports or other material required to be filed with any Governmental Authority relating to the use of the Permitted Materials. Upon the expiration or sooner termination of this Lease, Tenant covenants to remove from the Premises or Common Area, at its sole cost and expense, any and all Hazardous Materials then located on or about the Premises or Common Area due to a Release of Hazardous Materials by Tenant or Tenant's agents. Tenant and Tenant's agents shall not release or dispose, or allow the release or disposal, of any Hazardous Materials, including Permitted Materials, in, on, under, or in the vicinity of the Premises; provided, however, that Tenant shall dispose, remove and transport from the Premises and Common Area any and all Permitted Materials in accordance with all Environmental Laws. Tenant shall immediately notify Landlord of any inquiry, test, investigation, or enforcement proceeding by or against Tenant or the Premises or Common Area concerning Hazardous Materials. Tenant acknowledges that Landlord shall have the right, but not the obligation, in Landlord's own name, to participate in any negotiations with any Governmental Authority with regard to Tenant's Release of Hazardous Materials on the Premises or Common Area. Tenant shall, within five (5) days after receipt by Tenant, submit to Landlord copies of all inquiries, test and investigation results, and enforcement proceedings described above and copies of all reports and responses thereto prepared by or on behalf of Tenant. In connection with the transportation of any Hazardous Materials to or from the Premises, Tenant shall list itself as the transporter and generator.

Permitted Materials. Notwithstanding Paragraph 6.4 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, including batteries and other equipment and materials used for the provision of back-up power (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, telecommunications 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. Without limiting the generality of the provisions of this Section 5.3, Landlord agrees that Tenant may keep fuel within the fuel storage tank (the "Generator Fuel Tank") to be installed by Tenant in conjunction with Tenant's installation of an emergency generator for use as part of an Uninterrupted Power Supply system ("UPS System") Tenant will be permitted to install pursuant to Exhibit C within the Building's loading dock area (at no additional charge) and that such fuel shall constitute a "Permitted Material" within the meaning of the Lease, provided (a) Tenant may use, keep and store in the Premises those Hazardous Materials listed on Exhibit "C" attached hereto, and such other Hazardous Materials which may be approved by Landlord from time to time in Landlord's reasonable discretion, in such quantities and volumes as are necessary to conduct Tenant's business in the Premises ("Permitted Materials"). Permitted Materials shall be usedsolely responsible for ensuring that such the Generator Fuel Tank is installed, kept, stored, disposed of, removed, maintained and transported ultimately removed in strict compliance with all laws, ordinances, regulations, rules, orders, and policies of any federal, state, county, municipal, or other governmental authority (collectively, "Governmental Authority") having jurisdiction over Hazardous Materials ("applicable Environmental Laws"). Upon Landlord's reasonable, written request, (b) Tenant shall provide Landlord with an updated list of be solely responsible for ensuring that all Permitted Materials such fuel is used, kept, or stored in the Premises. Tenant shall promptly comply with any law, ordinance, or regulation and disposed of any Governmental Authority requiring modifications to the Premises or the improvements thereon that are intended to protect the Premises and the environment against the release of Hazardous Materials. Tenant shall obtain all necessary permits from applicable Governmental Authorities required to maintain the Permitted Materials and shall furnish Landlord, upon reasonable request by Landlord, with copies of such permits or any plans, reports or other material required to be filed with any Governmental Authority relating to the use of the Permitted Materials. Upon the expiration or sooner termination of this Lease, Tenant covenants to remove from the Premises or Common Area, at its sole cost and expense, any and all Hazardous Materials then located on or about the Premises or Common Area due to a Release of Hazardous Materials by Tenant or Tenant's agents. Tenant and Tenant's agents shall not release or dispose, or allow the release or disposal, of any Hazardous Materials, including Permitted Materials, in, on, under, or in the vicinity of the Premises; provided, however, that Tenant shall dispose, remove and transport from the Premises and Common Area any and all Permitted Materials in accordance with all applicable Environmental Laws. Tenant shall immediately notify Landlord of any inquiry, test, investigation, or enforcement proceeding by or against Tenant or the Premises or Common Area concerning Hazardous Materials. Tenant acknowledges that Landlord shall have the right, but not the obligation, in Landlord's own name, to participate in any negotiations with any Governmental Authority with regard to Tenant's Release of Hazardous Materials on the Premises or Common Area. Tenant shall, within five (5) days after receipt by Tenant, submit to Landlord copies of all inquiries, test and investigation results, and enforcement proceedings described above and copies of all reports and responses thereto prepared by or on behalf of Tenant. In connection with the transportation of any Hazardous Materials to or from the Premises, Tenant shall list itself as the transporter and generator.(

Permitted Materials. Notwithstanding Paragraph 6.4 Except as expressly provided herein, neither ------------------- Sublessee nor Sublessee's agents shall cause or knowingly and willfully permit the introduction, placement, use, storage, manufacture, transportation, release or disposition (collectively, "Handling") of any Hazardous Material(s) on or about any portion of the Lease, Tenant Premises or the Second Property. Sublessee may use, keep and store in the Premises those (i) Hazardous Materials listed on Exhibit "C" attached heretoof such types and volumes that individually or collectively would not require Sublessee to obtain a Hazardous Materials Storage Permit as defined in and pursuant to ordinances of the City of Sunnyvale, and and/or (ii) such other Hazardous Materials which may be approved by Landlord Sublessor from time to time in LandlordSublessor's reasonable discretion, in such quantities and volumes as are necessary to conduct TenantSublessee's business in the Premises (collectively, "Permitted Materials"). ) Permitted Materials shall be used, kept, stored, disposed of, removed, removed and transported in strict compliance with all laws, ordinances, regulations, rules, orders, and policies of any federal, state, county, municipal, or other governmental authority (collectively, "Governmental Authority") having jurisdiction over Hazardous Materials ("Environmental Laws"). Upon LandlordSublessor's reasonable, written request, Tenant but no more frequently than once every six (6) months, Sublessee shall provide Landlord Sublessor with an updated a list of that reasonably identifies all Permitted Hazardous Materials used, kept, kept or stored by Sublessee in the PremisesPremises as to which Sublessee is required to obtain a Hazardous Materials Storage Permit. Tenant Sublessee shall promptly comply with any law, ordinance, or regulation of any Governmental Authority Environmental Law requiring modifications to the Premises or the improvements thereon that are intended to protect the Premises and the environment against the release of Hazardous MaterialsMaterials used, kept, stored, disposed of or transported by Sublessee. Tenant Sublessee shall obtain all necessary permits from applicable Governmental Authorities required to maintain the Permitted Materials and shall furnish Landlord, upon reasonable request by Landlord, Sublessor with copies of such permits or any plans, reports or other material required to be filed with any Governmental Authority governmental authority relating to the Sublessee's use of the Permitted Materials. Upon the expiration or sooner termination of this LeaseSublease, Tenant covenants to Sublessee shall remove from the Premises or Common Areaand the Second Property, at its sole cost and expense, any and all Hazardous Materials then located stored or kept on or about the Premises or Common Area due to a Release of Hazardous Materials Second Property by Tenant or Tenant's agents. Tenant and Tenant's agents shall not release or dispose, or allow the release or disposal, of any Hazardous Materials, including Permitted Materials, in, on, under, or in the vicinity of the Premises; provided, however, that Tenant shall dispose, remove and transport from the Premises and Common Area any and all Permitted Materials in accordance with all Environmental Laws. Tenant shall immediately notify Landlord of any inquiry, test, investigation, or enforcement proceeding by or against Tenant or the Premises or Common Area concerning Hazardous Materials. Tenant acknowledges that Landlord shall have the right, but not the obligation, in Landlord's own name, to participate in any negotiations with any Governmental Authority with regard to Tenant's Release of Hazardous Materials on the Premises or Common Area. Tenant shall, within five (5) days after receipt by Tenant, submit to Landlord copies of all inquiries, test and investigation results, and enforcement proceedings described above and copies of all reports and responses thereto prepared by or on behalf of Tenant. In connection with the transportation of any Hazardous Materials to or from the Premises, Tenant shall list itself as the transporter and generatorSublessee.

Permitted Materials. Notwithstanding Paragraph 6.4 of the Lease, Tenant may use, keep and store in the Premises those Hazardous Materials listed on Exhibit "C" “D” attached hereto, and such other Hazardous Materials which may be approved by Landlord from time to time in Landlord's ’s reasonable discretion, in such quantities and volumes as are necessary to conduct Tenant's ’s business in the Premises ("“Permitted Materials"”). Permitted Materials shall be used, kept, stored, disposed of, removed, and transported in strict compliance with all laws, ordinances, regulations, rules, orders, and policies of any federal, state, county, municipal, or other governmental authority (collectively, "“Governmental Authority"”) having jurisdiction over Hazardous Materials ("“Environmental Laws"”). Upon Landlord's reasonable, ’s written request, Tenant shall provide Landlord with an updated list of all Permitted Materials used, kept, or stored in the Premises. Tenant shall promptly comply with any law, ordinance, or regulation of any Governmental Authority requiring modifications to the Premises or the improvements thereon that are intended to protect the Premises and the environment against the release of Hazardous Materials. Tenant shall obtain all necessary permits from applicable Governmental Authorities required to maintain the Permitted Materials and shall furnish Landlord, upon reasonable request by Landlord, Landlord with copies of such permits or any plans, reports or other material required to be filed with any Governmental Authority relating to the use of the Permitted Materials. Upon the expiration or sooner termination of this Lease, Tenant covenants to remove from the Premises or Common Area, at its sole cost and expense, any and all Hazardous Materials then located on or about the Premises or Common Area due to a Release of Hazardous Materials by Tenant or Tenant's ’s agents. Tenant and Tenant's ’s agents shall not release or dispose, or allow the release or disposal, of any Hazardous Materials, including Permitted Materials, in, on, under, or in the vicinity of the Premises; provided, however, that Tenant shall dispose, remove and transport from the Premises and Common Area any and all Permitted Materials in accordance with all Environmental Laws. Tenant shall immediately notify Landlord of any inquiry, test, investigation, or enforcement proceeding by or against Tenant or the Premises or Common Area concerning Hazardous Materials. Tenant acknowledges that Landlord shall have the right, but not the obligation, in Landlord's ’s own name, to participate in negotiate, contest, defend, and approve, at Tenant’s expense, any negotiations with any action taken or threatened or order issued by a Governmental Authority with regard to Tenant's ’s Release of Hazardous Materials on the Premises or Common Area. Tenant shall, within five (5) days after receipt by Tenant, submit to Landlord copies of all inquiries, test and investigation results, and enforcement proceedings described above and copies of all reports and responses thereto prepared by or on behalf of Tenant. In connection with the transportation of any Hazardous Materials to or from the Premises, Tenant shall list itself as the transporter and generator.

Permitted Materials. 26.2.2.1 Notwithstanding Paragraph 6.4 the foregoing, Tenant and its permitted assignees and subtenants shall be permitted to use, store, handle and dispose of reasonable amounts of Hazardous Materials that are typically used in the operation of the LeasePermitted Use, Tenant may usesuch as ordinary cleaners, keep printer and store in duplication supplies and similar materials (the Premises those Hazardous Materials listed on Exhibit "C" attached hereto, and such other Hazardous Materials which may be approved by Landlord from time to time in Landlord's reasonable discretion, in such quantities and volumes as are necessary to conduct Tenant's business in the Premises ("Permitted Materials") provided such Permitted Materials are used, stored, handled and disposed of in a manner meeting the requirements of all Environmental Laws. Any such use, storage and disposal shall be subject to all of the terms of this Section (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 the Permitted Materials. 26.2.2.2 Landlord acknowledges that Tenant's telecommunications use will involve the use of certain equipment that may involve the use, storage, handling and disposal of minimal amounts of Hazardous Materials that are necessary for the operation of such equipment. Permitted Attached as EXHIBIT F hereto is a complete list of all equipment to be installed by Tenant in the Premises or otherwise pursuant to this Lease that would involve compliance with the provisions of this Article 26, and a description of the Hazardous Materials, if any, that are required to be used, stored , handled and/or disposed of in connection therewith, and Landlord agrees that the use, storage, handling and/or disposal of minimal amounts of Hazardous Materials as necessary in connection with the operation of the items listed on EXHIBIT F shall be permissible solely to the extent described therein, and subject further to Tenant's compliance with all of the provisions of this Article 26 exclusive of provisions prohibiting same (and such Hazardous Materials shall be deemed "Permitted Materials", but solely to the extent required to be used, kept, stored, handled or disposed of in the operation of the equipment listed on EXHIBIT F or as otherwise permitted hereinbelow). Without limitation, and in addition to the covenants and restrictions set forth in Section 29.3 (with regard to Tenant's Generator and Generator Fuel Tank), Tenant agree that it will comply with all applicable Environmental Laws in connection with the use, storage, handling and disposal of all such Permitted Materials. Any such use, storage and disposal shall be subject to all of the terms of this Section (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 such Permitted Materials. 26.2.2.3 If Landlord in its reasonable opinion determines that any Permitted Materials are being improperly stored, used, handled or disposed of, removedthen Tenant shall immediately take such corrective action as may be reasonably requested by Landlord. Should Tenant fail to commence such corrective action within two (2) business days and complete such corrective action within ten (10) business days (or (i) such longer period as may be necessary in the exercise by Tenant of reasonable and diligent efforts to complete such corrective action without delay, or (ii) such shorter period as may be appropriate in the event of an Emergency), Landlord shall have the right to perform such work on Tenant's behalf and at Tenant's sole expense, and transported in strict compliance with all laws, ordinances, regulations, rules, orders, and policies of any federal, state, county, municipal, or other governmental authority (collectively, "Governmental Authority") having jurisdiction over Hazardous Materials ("Environmental Laws"). Upon Landlord's reasonable, written request, Tenant shall provide Landlord with an updated list of all Permitted Materials used, kept, or stored in the Premises. Tenant shall promptly comply reimburse Landlord for any and all costs associated with any lawsaid work. 26.2.2.4 Landlord acknowledges that Tenant anticipates the possibility that developments in the telecommunications business may require Tenant to upgrade, ordinance, modify or regulation of any Governmental Authority requiring modifications add to the Premises equipment listed on EXHIBIT F and which may also necessarily involve the use, storage, handling or the improvements thereon that are intended to protect the Premises and the environment against the release disposal of minimal amounts Hazardous Materials. Tenant agrees that any such future modifications and activities will, to the extent that they involve the use, storage, handling or disposal of Hazardous Materials in any amount, require Landlord's prior written approval, which may, without limitation, be denied (A) if such proposed use involves use, storage, handling or disposal of more than a minimal amount of Hazardous Materials which are necessary for the operation of such future equipment, (B) if such proposed use does not constitute a normal, safe and necessary equipment requirement typically applicable to telecommunications uses of the type operated by companies similar to Tenant within an office building environment, (C) if such proposed use is not in compliance with all rules, regulations, statutes and codes of any governmental authority having jurisdiction thereover, (D) if such proposed use is not in compliance with any covenants, conditions and restrictions applicable to the Building, (E) if Landlord has any significant objection to the location or method of installation of such equipment, the particular specifications thereof, (F) if the nature of the risk associated with the use of Hazardous Materials in connection with such equipment (including risk of bodily injury, death, property damage, spill or environmental incident) is greater than, and not substantially equivalent to, that permitted under Section 26.2.2.3 with regard to the items initially permitted pursuant to EXHIBIT F, (G) if such proposed use is not directly and necessarily related to Tenant's telecommunications use from the Premises (and any rights under this Section 26.2.2 shall obtain all necessary permits from applicable Governmental Authorities required be personal to maintain the Permitted Materials Tenant and shall furnish Landlordnot inure to the benefit of any assignee or sublessee of Tenant other than an assignee or sublessee permitted under Section 11.4 which continues to operate such telecommunications business from the Premises), upon reasonable request (H) if the rate of any insurance carried by Landlord, with copies or the cost of such permits or any plans, reports or other material services required to be filed carried with any Governmental Authority relating respect to the Building is increased as a result thereof, (I) if Tenant does not agree to provide Landlord with additional security commensurate with the risks associated with the installation and use of such equipment, comparable to that required hereunder with respect to Tenant's initial equipment, (J) if such use or installation would violate any of the Permitted Materials. Upon provisions of Section 26.2.2.5 or 26.2.2.6, below, or (K) if Tenant does not agree to remove such equipment upon the expiration or sooner earlier termination of the Term, and to restore the Building to its pre-existing condition, at Tenant's sole expense. 26.2.2.5 Landlord makes no representations or promises of any kind pertaining to the suitability of any area to be designated on the interior, exterior or roof of the Building for the installation and operation of any future equipment by Tenant. Tenant will obtain, prior to installation, any and all necessary licenses, approvals, permits, etc., necessary for the installation, maintenance and use of any equipment installed within the scope of this LeaseSection 26.2.2. Tenant's installation, operation, use, removal and replacement of such equipment shall not in any way conflict with any applicable law, statute, ordinance or governmental rules or regulation now in force or which may hereafter be enacted. Tenant covenants to remove from the Premises or Common Areawill, at its sole cost and expense, promptly comply or ensure that the connection of such equipment to the Building and Premises, and the use and operation thereof, complies with all laws, statutes, ordinances, governmental rules or regulations, or requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted relating to or affecting thereto. Tenant shall indemnify and hold Landlord harmless from and against any and all Hazardous Materials then located on loss, cost (including reasonable attorney's fees incurred by Landlord in enforcing its rights with respect thereto), damage or about the Premises liability arising out of any violations of said laws, statutes, ordinances rule or Common Area due to a Release of Hazardous Materials by Tenant or Tenant's agents. Tenant and Tenant's agents shall not release or disposeregulations, or allow arising out of the release or disposaluse, operation and maintenance of said equipment and the use, handling, storage and /or disposal of any Hazardous Materials, including Permitted Materials, in, on, under, or in the vicinity of the Premises; provided, however, that Tenant shall dispose, remove and transport from the Premises and Common Area any and all Permitted Materials in accordance with all Environmental Lawsconnection therewith. Tenant shall immediately notify Landlord Tenant's use and operation of any inquiry, test, investigation, or enforcement proceeding by or against Tenant or the Premises or Common Area concerning Hazardous Materials. Tenant acknowledges that Landlord such equipment shall have the right, but not the obligation, in Landlord's own name, to participate in any negotiations with any Governmental Authority with regard to Tenant's Release of Hazardous Materials on the Premises or Common Area. Tenant shall, within five (5) days after receipt by Tenant, submit to Landlord copies of all inquiries, test and investigation results, and enforcement proceedings described above and copies of all reports and responses thereto prepared by or on behalf of Tenant. In connection with the transportation of any Hazardous Materials to or from the Premises, Tenant shall list itself as the transporter and generator.be exercised: