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 lawsapplicable Environmental Laws, ordinances(b) Tenant shall be solely responsible for ensuring that all such fuel is used, regulations, rules, ordersstored and disposed of in accordance with all applicable Environmental Laws, and policies (c) Tenant specifically agrees to indemnify and hold Landlord and each of its shareholders, subsidiaries, affiliates, officers, directors, partners, employees, agents and trustees, and any federalreceiver, state, county, municipal, trustee or other governmental authority (collectivelyfiduciary appointed for the Building, "Governmental Authority") having jurisdiction over Hazardous Materials ("Environmental Laws"). Upon Landlord's reasonableharmless from, written requestagainst, Tenant shall provide Landlord with an updated list of all Permitted Materials used, kept, or stored for and 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 expenserespect of, any and all Hazardous Materials then located on damages, losses, settlement payments, obligations, liabilities, claims, actions or about causes of actions, encumbrances, fines, penalties, and costs and expenses suffered, sustained, incurred or required to be paid by any such indemnified party (including, without limitation, reasonable fees and disbursements or attorneys, engineers, laboratories, contractors and consultants) because of, or arising out of or relating to Environmental Liabilities due to, arising from or connected with Tenant's use and operation of the Premises or Common Area due to a Release UPS System, the Generator Fuel Tank and the use, storage and disposal of Hazardous Materials the fuel necessary therefor (and/or any violation 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, its covenants 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 generatorthis Article 5 relating thereto).

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.