Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part. 2. Lessee shall not, without the Port's prior written consent, keep on or around the Premises, common areas or building, for use, disposal, treatment, generation, storage, or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any Hazardous Substance, Lessee shall: a. Comply promptly, timely and completely with all governmental requirements for reporting, keeping and submitting manifests and obtaining and keeping current identification numbers; b. Submit to the Lessor and correct copies of all reports, manifests and identification numbers at the same time, as they are required to be and/or submitted to the appropriate governmental authorities; c. Within five (5) days of the Lessor's request, submit written reports to Lessor regarding Xxxxxx's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port of Lessee's compliance with the applicable governmental regulations; d. Allow Lessor or its agents or representatives to come on the Premises at all reasonable times to check Lessee's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so; e. Comply with minimum levels, standards or other performance standards or requirements that may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) present on the Premises, these levels or standards shall be established by an on-site inspection by the appropriate governmental authorities; f. Comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance. 4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor. 5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises. 6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the Port's Landlord’s prior written consentconsent of Landlord’s sole discretion, keep on or around the Premises, common areas Building or buildingProperty, for use, disposal, treatment, generation, storage, storage or sale, any substances designated designed as, or containing components designated as hazardousas, extra hazardous, dangerous, a “hazardous substance,” “hazardous material,” hazardous waste,” “regulated substance” or “toxic or harmful substance” (collectively referred to as "“Hazardous Substances"”), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any such Hazardous SubstanceSubstances, Lessee Tenant shall:
a. Comply : (i) [comply promptly, timely and completely with all governmental requirements Laws for reporting, keeping and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. Submit ; (ii) submit to the Lessor Landlord true and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. Within five ; (5iii) only if Tenant is utilizing Hazardous Substances other that the Allowed Customary Hazardous Substances (as hereinafter defined), within fifteen (15) days of the Lessor's Landlord’s request, submit written reports to Lessor Landlord regarding Xxxxxx's Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of Lessee's Tenant’s compliance with the all applicable governmental regulations;
d. Allow Lessor Laws; (iv) allow Landlord or its agents Landlord’s agent or representatives representative to come on the Premises at all reasonable times (and subject to the provisions of Section 19.B hereof) to check Lessee's Tenant’s compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply Laws; (v) comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all governmental rules, regulations and requirements applicable Laws regarding the proper and lawful use, sale, transportation, generation, treatment, storage treatment and disposal of hazardous Hazardous Substances. Notwithstanding the foregoing or other polluting substances and
g. Notify Lessor promptly anything contained in this Lease to the contrary, Tenant may (without Landlord’s consent) use de minimus quantities of any investigation involving release materials such as adhesives, lubricants, ink, solvents and cleaning fluids of a Hazardous Substance.
4. In the event of a violation or suspected violation, any kind and all costs incurred by Lessor in amounts and associated with in the Lessor's inspections of manner customarily used in business offices in order to conduct its business at the Premises and to maintain and operate the Lessor's monitoring business machines located in the Premises (the “Allowed Customary Hazardous Substances”) provided that such materials are used, stored and disposed of Lessee's compliance by Tenant strictly in accordance with applicable Laws. Landlord represents to Tenant that, as of the date of this sectionLease, to Landlord’s actual knowledge, without further inquiry, that the Building and including Property contain no reportable quantities of Hazardous Substances which require remediation in order for the Lessor's attorney fees Building and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees Property to comply with all applicable federal, state and local environmental laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 2 contracts
Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Presence and Use of Hazardous Substances. 1. Lessor represents that to makes no representation regarding the knowledge prior use of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property existence of which previous contamination of the Premises are a partPremises, except that none is known to Lessor.
2. Lessee represents that the following types of processes will be used in connection with the Lessee's intended use of the premises: conducting governmental operations and administration and for no other purpose.
3. Lessee shall not, without the Port's Lessor’s prior written consent, keep on or around the Premises, common areas or building, for use, disposal, treatment, generation, storage, or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any Hazardous Substance, Lessee shall:
a. Comply promptly, timely and completely with all governmental requirements for reporting, keeping and submitting manifests and obtaining and keeping current identification numbers;
b. Submit to the Lessor and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or submitted to the appropriate governmental authorities;
c. Within five (5) days of the Lessor's request, submit written reports to Lessor regarding Xxxxxx's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Lessor of Lessee's compliance with the applicable governmental regulations;
d. Allow Lessor or its agents or representatives to come on the Premises at all reasonable times to check Lessee's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) present on the Premises, these levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC U.S. C. Sec. 9601 et seq.; the Clean Water Act, 33 USC U.S. C. Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC U.S. C. Sec. 6901; the Toxic Substances Control Act., USC U.S.C. Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC U.S.C. Sec. 136 et seq.; the Clean Air Act, 42 USC U.S.C. Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC U.S.C. Sec. 2701 et seq.; the Model Toxics Control Act., RCW R.C.W. 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW R.C.W. 90.48; the Washington Clean Air Act., RCW R.C.W. 70.94; the Washington Solid Waste Management Act., RCW R.C.W. 70.95; the Washington Hazardous Waste Management Act., RCW R.C.W. 70.105; and the Washington Nuclear Energy and Radiation Act., RCW R.C.W. 70.98.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee shall not, without the Port's prior written consent, keep on or around the Premises, common areas or building, for use, disposal, treatment, generation, storage, or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any Hazardous Substance, Lessee shall:
a. Comply promptly, timely and completely with all governmental requirements for reporting, keeping and submitting manifests and obtaining and keeping current identification numbers;
b. Submit to the Lessor and correct copies of all reports, manifests and identification numbers at the same time, as they are required to be and/or submitted to the appropriate governmental authorities;
c. Within five (5) days of the Lessor's request, submit written reports to Lessor regarding XxxxxxLessee's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port of Lessee's compliance with the applicable governmental regulations;
d. Allow Lessor or its agents or representatives to come on the Premises at all reasonable times to check Lessee's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply with minimum levels, standards or other performance standards or requirements that may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) present on the Premises, these levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx Lessee agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the Port's Landlord’s prior written consentconsent of Landlord’s sole discretion, keep on or around the Premises, common areas Building or buildingProperty, for use, disposal, treatment, generation, storage, storage or sale, any substances designated designed as, or containing components designated as hazardousas, extra hazardous, dangerous, a “hazardous substance,” “hazardous material,” “hazardous waste,” “regulated substance” or “toxic or harmful substance” (collectively referred to as "“Hazardous Substances"”), and/or which except for Hazardous Substances used in the ordinary course of Tenant’s business at the Premises, that are subject to regulation by any federalused, state or local lawkept, regulation, statute or ordinanceand disposed of in compliance with Laws. With respect to any such Hazardous SubstanceSubstances kept by Tenant on or around the Premises, Lessee Tenant shall:
a. Comply : (i) comply promptly, timely and completely with all governmental requirements Laws for reporting, keeping and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. Submit ; (ii) submit to the Lessor Landlord true and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. Within ; (iii) within five (5) days of the Lessor's Landlord’s written request, submit written reports to Lessor Landlord regarding Xxxxxx's Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of Lessee's Tenant’s compliance with the all applicable governmental regulations;
d. Allow Lessor Laws; (iv) allow Landlord or its agents Landlord’s agent or representatives representative to come on the Premises at all reasonable times and upon not less than 24 hours prior written notice to check Lessee's Tenant’s compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply Laws; (v) comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all governmental rules, regulations and requirements applicable Laws regarding the proper and lawful use, sale, transportation, generation, treatment, storage treatment and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous SubstanceSubstances.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Samples: Lease Agreement (Solid Power, Inc.)
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the PortLandlord's prior written consent, except in the ordinary course of its business, keep on or around the Leased Premises, common areas or building, for use, disposal, treatment, generation, storage, storage or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. .
18.1 With respect to any Hazardous Substance, Lessee Tenant shall:
a. 18.1.1 Comply promptly, timely timely, and completely with all governmental requirements for reporting, keeping and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. Submit to the Lessor and correct copies of all reports, manifests and identification numbers at the same time, as they are required to be and/or submitted to the appropriate governmental authorities;
c. 18.1.2 Within five ten (510) days of the LessorLandlord's request, submit written reports to Lessor Landlord regarding XxxxxxTenant's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence reasonably satisfactory to the Port Landlord of LesseeTenant's compliance with the applicable governmental regulationsregulation;
d. 18.1.3 Allow Lessor Landlord or its Landlord's agents or representatives to come on the Leased Premises at all reasonable times times, after reasonable notice, to check LesseeTenant's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. 18.1.4 Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Leased Premises, these levels or standards shall be established by an on-site inspection by the appropriate governmental authoritiesauthorities and shall be set forth in an addendum to this Lease);
f. 18.1.5 Comply in all material respects with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage treatment and disposal of hazardous or other polluting substances substances; and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
4. In 18.1.6 Landlord shall have the event of a violation or suspected violationright, any at reasonable times and all costs incurred by Lessor and associated with upon reasonable notice to Tenant, to inspect the Lessor's inspections of the Leased Premises and the Lessor's monitoring of Lesseeto monitor Tenant's compliance with this section. Landlord shall pay and be responsible for the costs of its own inspection. Notwithstanding the foregoing, and if an inspection reveals the use or presence of Hazardous Substances requiring clean-up or other action that Tenant has not previously notified Landlord of, then Tenant shall pay, as part of the cleanup cost incorporated in Section 18.2.2 below, Xxxxxxxx's actual costs, including the Lessorreasonable attorney's attorney fees and costs, shall be additional rent incurred in making or providing for such inspection and shall be due and payable to Lessor immediately upon written demand by Lessorany follow-up inspections.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Samples: Lease Agreement
Presence and Use of Hazardous Substances. 1. Lessor represents that As used in this Lease, "Hazardous Substances" shall mean anything which may be harmful to the knowledge persons or property, including, but not limited to, materials designated as a "Hazardous Substance" pursuant to Section 101 of the Lessor there has been no previous contamination onComprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended, 42 USC 9601, et seq., or remediation ofas a Hazardous Substance, the Premises Hazardous Household Substance, Moderate Risk Waste or Hazardous Waste under RCW 70.105.010, or which is regulated by any federal, state, or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the property of which the Premises are a part.
2environment. Lessee Tenant shall not, without the PortLandlord's prior written consent, keep on or around the Premises, common areas Common Areas or buildingBuilding, for use, disposal, treatment, generation, storage, storage or sale, any substances designated as, or containing components designated Hazardous Substances except such Hazardous Substances as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to are commonly used in general administrative office operations plus such incidental Hazardous Substances as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinancemay be used in the light electronic manufacturing specified in Tenant’s Use of Premises. With respect to any Hazardous Substance, Lessee Tenant shall:
a. : (i) Comply promptly, timely timely, and completely with all governmental requirements for reporting, keeping keeping, and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. ; (ii) Submit to the Lessor Landlord true and correct copies of all reports, manifests manifests, and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. ; (iii) Within five (5) days of the LessorLandlord's request, submit written reports to Lessor Landlord regarding XxxxxxTenant's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of LesseeTenant's compliance with the applicable governmental government regulations;
d. ; (iv) Allow Lessor Landlord or its agents Landlord's agent or representatives representative to come on the Premises premises at all reasonable times to check LesseeTenant's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. ; (v) Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. authorities and shall be set forth in an addendum to this Lease); and (vi) Comply with all applicable governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous SubstanceSubstances.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the Port's Landlord’s prior written consentconsent of Landlord in Landlord’s sole discretion, keep on or around the Premises, common areas Building or buildingProperty, for use, disposal, treatment, generation, storage, storage or sale, any substances designated designed as, or containing components designated as hazardousas, extra hazardous, dangerous, a “hazardous substance,” “hazardous material,” hazardous waste,” “regulated substance” or “toxic or harmful substance” (collectively referred to as "“Hazardous Substances"”), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any such Hazardous SubstanceSubstances, Lessee Tenant shall:
a. Comply : (i) comply promptly, timely and completely with all governmental requirements Laws for reporting, keeping and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. Submit ; (ii) submit to the Lessor Landlord true and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. Within ; (iii) within five (5) days of the Lessor's Landlord’s request, submit written reports to Lessor Landlord regarding Xxxxxx's Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of Lessee's Tenant’s compliance with the all applicable governmental regulations;
d. Allow Lessor Laws; (iv) allow Landlord or its agents Landlord’s agent or representatives representative to come on the Premises at all reasonable times to check Lessee's Tenant’s compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply Laws; (v) comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all governmental rules, regulations and requirements applicable Laws regarding the proper and lawful use, sale, transportation, generation, treatment, storage treatment and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous SubstanceSubstances.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Samples: Office Lease (Visualant Inc)
Presence and Use of Hazardous Substances. 1. Lessor represents that to makes no representation regarding the knowledge prior use of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property existence of which previous contamination of the Premises are a partPremises, except that none is known to Lessor.
2. Lessee represents that the following types of processes will be used in connection with the Lessee's intended use of the premises: conducting governmental operations and administration and for no other purpose.
3. Lessee shall not, without the Port's Lessor’s prior written consent, keep on or around the Premises, common areas or building, for use, disposal, treatment, generation, storage, or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any Hazardous Substance, Lessee shall:
a. Comply promptly, timely and completely with all governmental requirements for reporting, keeping and submitting manifests and obtaining and keeping current identification numbers;
b. Submit to the Lessor and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or submitted to the appropriate governmental authorities;
c. Within five (5) days of the Lessor's request, submit written reports to Lessor regarding XxxxxxLessee's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Lessor of Lessee's compliance with the applicable governmental regulations;
d. Allow Lessor or its agents or representatives to come on the Premises at all reasonable times to check Lessee's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) present on the Premises, these levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx Lessee agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC U.S. C. Sec. 9601 et seq.; the Clean Water Act, 33 USC U.S. C. Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC U.S. C. Sec. 6901; the Toxic Substances Control Act., USC U.S.C. Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC U.S.C. Sec. 136 et seq.; the Clean Air Act, 42 USC U.S.C. Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC U.S.C. Sec. 2701 et seq.; the Model Toxics Control Act., RCW R.C.W. 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW R.C.W. 90.48; the Washington Clean Air Act., RCW R.C.W. 70.94; the Washington Solid Waste Management Act., RCW R.C.W. 70.95; the Washington Hazardous Waste Management Act., RCW R.C.W. 70.105; and the Washington Nuclear Energy and Radiation Act., RCW R.C.W. 70.98.
Appears in 1 contract
Samples: Lease Agreement
Presence and Use of Hazardous Substances. 1. Lessor represents that As used in this Lease, “Hazardous Substances” shall mean anything which may be harmful to the knowledge persons or property, including, but not limited to, materials designated as a “Hazardous Substance” pursuant to Section 101 of the Lessor there has been no previous contamination onComprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended, 42 USC 9601, et seq., or remediation ofas a Hazardous Substance, the Premises Hazardous Household Substance, Moderate Risk Waste or Hazardous Waste under RCW 70.105.010, or which is regulated by any federal, state, or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the property of which the Premises are a part.
2environment. Lessee Tenant shall not, without the Port's Landlord’s prior written consent, keep on or around the Project, Premises, common areas Common Areas or buildingBuilding, for use, disposal, treatment, generation, storage, storage or sale, any substances designated as, or containing components designated Hazardous Substances except such Hazardous Substances as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or are commonly used in general administrative office operations and those which are subject listed on Exhibit G attached hereto and a made a part hereof (“Permitted Substances“). Tenant shall have the right to regulation periodically update the list of Permitted Substances by any federal, state or local law, regulation, statute or ordinanceprovided written notice thereof to Landlord for Landlord’s consent in Landlord’s discretion. With respect to any Hazardous Substance, Lessee Tenant shall:
a. (i) Comply promptly, timely timely, and completely with all governmental requirements for reporting, keeping keeping, and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. (ii) Submit to the Lessor Landlord true and correct copies of all reports, manifests manifests, and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. (iii) Within five (5) days of the Lessor's Landlord’s request, submit written reports to Lessor Landlord regarding Xxxxxx's Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of Lessee's Tenant’s compliance with the applicable governmental government regulations;
d. (iv) Allow Lessor Landlord or its agents Landlord’s agent or representatives representative to come on the Premises at all reasonable times in conformance with the entry rights and notice requirements specified in Section 22 to check Lessee's Tenant’s compliance with all applicable governmental regulations regarding Hazardous Substances, provided that Landlord shall use reasonable means to investigate any alleged release minimize interference with the Tenant’s use of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do soPremises;
e. (v) Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;authorities and shall be set forth in an addendum to this Lease); and
f. (vi) Comply with all applicable governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous SubstanceSubstances.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Samples: Commercial Lease (Blue Nile Inc)
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the Port's Landlord’s prior written consent, keep on or around the Premises, common areas Common Areas or buildingBuilding, for use, disposal, treatment, generation, storage, storage or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful harmful, and/or is subject to regulation, statute or ordinance (collectively referred to as "“Hazardous Substances"”). Notwithstanding the preceding sentence, and/or Tenant may keep, use, store and dispose of, in, on and from the Premises, materials and supplies otherwise constituting Hazardous Substances which are subject to regulation by any federalcustomarily used for the purposes set forth in Section 1, state or local lawprovided such materials and supplies are used, regulationhandled and disposed of in accordance with all applicable governmental rules, statute or ordinanceregulations, laws and requirements, and in accordance with prudent business practices. With respect to any such Hazardous Substance, Lessee Tenant shall:
a. (i) Comply promptly, timely timely, and completely with all governmental requirements for reporting, keeping keeping, and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. (ii) Submit to the Lessor Landlord true and correct copies of all reports, manifests manifests, and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. (iii) Within five (5) days of the Lessor's Landlord’s request, submit written reports to Lessor Landlord regarding Xxxxxx's Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of Lessee's Tenant’s compliance with the applicable governmental government regulations;
d. (iv) Allow Lessor Landlord or its agents Landlord’s agent or representatives representative to come on the Premises at all reasonable times times, with at least twenty four (24) hours prior notice to Tenant (except in an emergency, when no notice is required), to check Lessee's Tenant’s compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. (v) Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;authorities and shall be set forth in an addendum to this Lease); and
f. (vi) Comply with all applicable governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous SubstanceSubstances.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the PortLandlord's prior written consent, keep on or around the Premises, the common areas or building, facilities in or relating to the Premises for use, disposal, treatment, generation, storage, storage or sale, any substances designated as, or containing components designated as hazardousas, extra hazardous, dangerous, toxic or harmful harmful, and/or any substance that is subject to regulation by any then-current federal, state or local law, statute or ordinance and the rules and regulations implementing them, including, but not limited to, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.); the Clean Water Act (33 U.S.C. Section 1251 et seq.); the Clean Air Act (42 U.S.C. Section 7401 et seq.); and the Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.) (such substances being herein collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any such Hazardous Substance, Lessee Tenant shall:
a. Comply promptly(1) Allow Landlord or Landlord's agent or representative, timely and completely with all governmental requirements for reportingupon prior notice to Tenant, keeping and submitting manifests and obtaining and keeping current identification numbers;
b. Submit to the Lessor and correct copies of all reports, manifests and identification numbers at the same time, as they are required to be and/or submitted to the appropriate governmental authorities;
c. Within five (5) days of the Lessor's request, submit written reports to Lessor regarding Xxxxxx's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port of Lessee's compliance with the applicable governmental regulations;
d. Allow Lessor or its agents or representatives to come on enter the Premises at all during reasonable times business hours to check LesseeTenant's compliance with all applicable governmental laws, statutes, ordinances, rules, regulations and requirements regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. (2) Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (Substances; and if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such standards or levels or standards shall be Exhibit 10.13 established and documented by an on-site inspection by the appropriate governmental authoritiesauthorities and shall be set forth in an addendum to this Lease;
f. (3) Comply with all applicable governmental laws, statutes, ordinances, rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage treatment and disposal of hazardous or other polluting substances such Hazardous Substances; and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
(4. In the event of a violation or suspected violation, ) Pay to Landlord upon demand as additional rent any and all costs incurred by Lessor and associated with the Lessor's inspections Landlord as a result of any violation or breach of the Premises and the Lessorprovisions of this Paragraph 17(d), including Landlord's monitoring of Lessee's compliance with this section, and including the Lessor's attorney reasonable attorneys' fees and costs, . The terms and provisions in this Paragraph 17(d) shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into survive the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation expiration of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seqLease Term or the earlier termination of this Lease.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the PortLandlord's prior written consent, keep on or around the Premises, common areas Premises or buildingCommon Areas, for use, handling, disposal, treatment, generation, storage, storage or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic toxic, harmful, medical or harmful infectious (collectively referred to as "Hazardous SubstancesSubstance"), and/or which are is subject to regulation by any federal, state or local law, regulation, statute statute, ordinance or ordinancemanagement plan. With respect to any such Hazardous Substance, Lessee Tenant shall:
a. ; Comply promptly, timely timely, and completely with all governmental requirements for reporting, keeping and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. ; Submit to the Lessor Landlord true and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. ; Within five (5) days of the LessorLandlord's request, submit written reports to Lessor Landlord regarding XxxxxxTenant's use, handling, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of LesseeTenant's compliance with the applicable governmental government regulations;
d. ; Allow Lessor Landlord or its agents Landlord's agent or representatives representative to come on to the Premises at all reasonable times to check LesseeTenant's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. ; Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. authorities and shall be set forth in an addendum to this Lease); and Comply with all applicable governmental statutes, ordinances, rules, regulations regulations, management plans and requirements regarding the proper and lawful use, handling, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
4Substances. In the event of a violation or suspected violation, any Any and all costs incurred by Lessor Landlord and associated with the Lessor's inspections Landlord’s inspection of the Tenant’s Premises and the Lessor's Landlord’s monitoring of Lessee's Tenant’s compliance with this sectionSection 10.2.1, and including the Lessor's attorney Landlord’s attorneys’ fees and costs, shall be additional rent Additional Rent and shall be due and payable to Lessor Landlord immediately upon written demand by LessorLandlord.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Samples: Commercial Lease
Presence and Use of Hazardous Substances. 1. Lessor represents Except for nominal amounts that to the knowledge are used consistent with Tenant's use of the Lessor there has been no previous contamination onPremises for office purposes, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the PortLandlord's prior written consentconsent of Landlord's sole discretion, keep on or around the Premises, common areas Building or buildingProperty, for use, disposal, treatment, generation, storage, storage or sale, any substances designated designed as, or containing components designated as hazardousas, extra hazardous, dangerous, a "hazardous substance," "hazardous material," "hazardous waste," "regulated substance" or "toxic or harmful substance" (collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any such Hazardous SubstanceSubstances, Lessee Tenant shall:
a. Comply : (i) comply promptly, timely and completely with all governmental requirements Laws for reporting, keeping and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. Submit ; (ii) submit to the Lessor Landlord true and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. Within ; (iii) within five (5) days of the LessorLandlord's request, submit written reports to Lessor Landlord regarding XxxxxxTenant's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of LesseeTenant's compliance with the all applicable governmental regulations;
d. Allow Lessor Laws; (iv) allow Landlord or its agents Landlord's agent or representatives representative to come on the Premises at all reasonable times to check LesseeTenant's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply Laws; (v) comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all governmental rules, regulations and requirements applicable Laws regarding the proper and lawful use, sale, transportation, generation, treatment, storage treatment and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous SubstanceSubstances.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Samples: Office Lease (Cost U Less Inc)
Presence and Use of Hazardous Substances. 1. Lessor represents that to makes no representation regarding the knowledge prior use of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property existence of which previous contamination of the Premises are a partPremises, except Lessor is unaware of any such contamination.
2. Lessee represents the following types of processes will be used in connection with the Lessee's intended use of the premises: conducting governmental operations and administration and for no other purpose.
3. Lessee shall not, without the Port's Lessor’s prior written consent, keep on or around the Premises, common areas or building, for use, disposal, treatment, generation, storage, or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any Hazardous Substance, Lessee shall:
a. Comply promptly, timely and completely with all governmental requirements for reporting, keeping and submitting manifests and obtaining and keeping current identification numbers;
b. Submit to the Lessor and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or submitted to the appropriate governmental authorities;
c. Within five (5) days of the Lessor's request, submit written reports to Lessor regarding Xxxxxx's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Lessor of Lessee's compliance with the applicable governmental regulations;
d. Allow Lessor or its agents or representatives to come on the Premises at all reasonable times to check Lessee's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) present on the Premises, these levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC U.S. C. Sec. 9601 et seq.; the Clean Water Act, 33 USC U.S. C. Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC U.S. C. Sec. 6901; the Toxic Substances Control Act., USC U.S.C. Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC U.S.C. Sec. 136 et seq.; the Clean Air Act, 42 USC U.S.C. Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC U.S.C. Sec. 2701 et seq.; the Model Toxics Control Act., RCW R.C.W. 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW R.C.W. 90.48; the Washington Clean Air Act., RCW R.C.W. 70.94; the Washington Solid Waste Management Act., RCW R.C.W. 70.95; the Washington Hazardous Waste Management Act., RCW R.C.W. 70.105; and the Washington Nuclear Energy and Radiation Act., RCW R.C.W. 70.98.
Appears in 1 contract
Samples: Lease Agreement
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the PortLandlord's prior written consent, keep on or around the Leased Premises, common areas or building, for use, disposal, treatment, generation, storage, storage or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or which are subject to regulation by any federal, state or local law, regulation, statute or ordinance. .
20.1 With respect to any Hazardous Substance, Lessee Tenant shall:
a. 20.1.1 Comply promptly, timely timely, and completely with all governmental requirements for reporting, keeping and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. 20.1.2 Submit to the Lessor Landlord true and correct copies of all reports, manifests and identification numbers at the same time, time as they are required to be and/or submitted to the appropriate governmental authorities;
c. 20.1.3 Within five (5) days of the LessorLandlord's request, submit written reports to Lessor Landlord regarding XxxxxxTenant's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of LesseeTenant's compliance with the applicable governmental regulationsregulation;
d. 20.1.4 Allow Lessor Landlord or its Xxxxxxxx's agents or representatives to come on the Leased Premises at all reasonable times with an escort designated by the Tenant, after 18 hour notice during normal business hours and 36 hours notice if inspections will be done on weekends or legal holidays, to check LesseeTenant's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. 20.1.5 Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Leased Premises, these levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. 20.1.6 Comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage treatment and disposal of hazardous or other polluting substances Hazardous Substances; and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
4. In 20.1.7 Landlord shall have the event of a violation right, at reasonable times and upon 18-hour notice to Tenant during normal business hours and 36 hours notice if inspections will be done on weekends or suspected violationlegal holidays, any and all costs incurred to inspect the Leased Premises with an escort designated by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of LesseeTenant to monitor Xxxxxx's compliance with this section. Landlord shall pay and be responsible for the costs of its own inspection. Notwithstanding the foregoing, and if an inspection reveals the use or presence of Hazardous Substances requiring clean- up or other action, then Tenant shall pay, as part of the clean-up cost incorporated in Paragraph 20.1.8 below, Xxxxxxxx's actual costs, including the Lessorreasonable attorney's attorney fees and costs, incurred in making or providing for such inspection and any follow-up inspections.
20.1.8 Except for those clean-up charges, fees or penalties that are due to Landlord's improper use, sale, transportation, generation, treatment or disposal of Hazardous Substances, Tenant shall be additional rent solely liable to Landlord for any and all clean- up costs and any and all charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Leased Premises. Except for those clean-up charges, fees or penalties that are due to Tenant's improper use, sale, transportation, generation, treatment or disposal of Hazardous Substances, Landlord shall be due solely liable for any and payable all clean-up costs and any and all charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Landlord's use, disposal, transportation, generation and/or sale of Hazardous Substance into Substances, on the surface, subsurface, water or air in or adjacent to the Leased Premises.
6. Xxxxxx agrees to comply with 20.1.9 Tenant shall indemnify, defend and hold Landlord harmless from any and all applicable federalcosts, state fees, penalties and local laws, ordinances, rules charges assessed against or imposed upon Landlord including Xxxxxxxx's reasonable attorneys' fees and regulations governing environmental protection, regulation costs as a result of hazardous substances and land Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. Xxxxxxxx shall indemnify, defend and to indemnify Lessor hold Tenant harmless from any and all costs, fees, penalties and charges assessed against all losses, damages or imposed upon Tenant including Tenant’s reasonable attorneys' fees and costs resulting from as a result of Landlord's use, disposal, transportation, generation and/or sale of Hazardous Substances.
20.1.10 Upon Xxxxxx's default under this article, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies.
20.1.10.1 At Landlord's option, to terminate this Lease immediately; and
20.1.10.2 To recover any failure of Lessee of any of its employees, agents or contractors to do soand all damage associated with the default, including, but not limited toto clean-up costs and charges, violation civil and criminal penalties and fees, loss of the Comprehensive Environmental Response, Compensation business and Liability Act, 42 USC Sec. 9601 et seqsales by Landlord and any and all damages and claims asserted by third parties together with reasonable attorneys' fees and costs.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Samples: Lease Agreement
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge of the Lessor there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Lessee Tenant shall not, without the PortLandlord's prior written consent, keep on or around the Premises, common areas Common Areas or buildingBuilding, for use, disposal, treatment, generation, storage, storage or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful harmful, and/or is subject to regulation, statute or ordinance (collectively referred to as "Hazardous Substances"). Notwithstanding the preceding sentence, and/or Tenant may keep, use, store and dispose of, in, on and from the Premises, materials and supplies otherwise constituting Hazardous Substances which are subject to regulation by any federalcustomarily used for the purposes set forth in Section 1, state or local lawprovided such materials and supplies are used, regulationhandled and disposed of in accordance with all applicable governmental rules, statute or ordinanceregulations, laws and requirements, and in accordance with prudent business practices. With respect to any such Hazardous Substance, Lessee Tenant shall:
a. (i) Comply promptly, timely timely, and completely with all governmental requirements for reporting, keeping keeping, and submitting manifests manifests, and obtaining and keeping current identification numbers;
b. (ii) Submit to the Lessor Landlord true and correct copies of all reports, manifests manifests, and identification numbers at the same time, time as they are required to be and/or are submitted to the appropriate governmental authorities;
c. (iii) Within five (5) days of the LessorLandlord's request, submit written reports to Lessor Landlord regarding XxxxxxTenant's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Landlord of LesseeTenant's compliance with the applicable governmental government regulations;
d. (iv) Allow Lessor Landlord or its agents Landlord's agent or representatives representative to come on the Premises at all reasonable times times, with at least twenty four (24) hours prior notice to Tenant (except in an emergency, when no notice is required), to check LesseeTenant's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. (v) Comply with minimum levels, standards or other performance standards or requirements that which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) Substances present on the Premises, these such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;authorities and shall be set forth in an addendum to this Lease); and
f. (vi) Comply with all applicable governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances and
g. Notify Lessor promptly of any investigation involving release of a Hazardous SubstanceSubstances.
4. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
5. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
6. Xxxxxx agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Presence and Use of Hazardous Substances. 1. Lessor represents that to the knowledge best of the Lessor its knowledge, there has been no previous contamination on, or remediation of, the Premises or the property of which the Premises are a part.
2. Except for approved uses as set forth in Section One, Paragraph 1, above, Lessee shall not, without the PortLessor's prior written consent, keep on or around the Premises, common areas or building, for use, disposal, treatment, generation, storage, or sale, any substances designated as, or containing components designated as hazardous, extra hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous Substances"), and/or which that are subject to regulation by any federal, state or local law, regulation, statute or ordinance. With respect to any Hazardous Substance, Lessee shall:
a. Comply promptly, timely and completely with all governmental requirements for reporting, keeping and submitting manifests and obtaining and keeping current identification numbers;
b. Submit to the Lessor and correct copies of all reports, manifests and identification numbers at the same time, as they are required to be and/or submitted to the appropriate governmental authorities;
c. Within five (5) days of the Lessor's request, submit written reports to Lessor regarding XxxxxxLessee's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to the Port Lessor of Lessee's compliance with the applicable governmental regulations;
d. Allow Lessor or its agents or representatives to come on access the Premises at all reasonable times to check Lessee's compliance with all applicable governmental regulations regarding Hazardous Substances, to investigate any alleged release of Hazardous Substances and to undertake cleanup action in the event Lessee fails to do so;
e. Comply with minimum levels, standards or other performance standards or requirements that may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances) present on the Premises, ; these levels or standards shall be established by an on-site inspection by the appropriate governmental authorities;
f. Comply Except as set forth in Section One, Paragraph 2, above, comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment, storage and disposal of hazardous or other polluting substances substances, and
g. Notify Lessor promptly of any investigation involving release of a Hazardous Substance.
43. In the event of a violation or suspected violation, any and all costs incurred by Lessor and associated with the Lessor's inspections of the Premises and the Lessor's monitoring of Lessee's compliance with this section, and including the Lessor's attorney fees and costs, shall be additional rent and shall be due and payable to Lessor immediately upon written demand by Lessor.
54. Lessee shall not release any Hazardous Substance into the surface, subsurface, water or air in or adjacent to the Premises.
65. Xxxxxx Lessee agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations governing environmental protection, regulation of hazardous substances and land use, and to indemnify Lessor against all losses, damages and costs resulting from any failure of Lessee of any of its employees, agents or contractors to do so, including, but not limited to, violation of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Sec. 9601 et seq.; the Clean Water Act, 33 USC Sec. 1251 et seq.; the Resource Conservation and Recovery Act, 42 USC Sec. 6901; the Toxic Substances Control Act., USC Sec. 2601; the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC Sec. 136 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.; the Oil Pollution Act of 1990, 33 USC Sec. 2701 et seq.; the Model Toxics Control Act., RCW 70.105D,010 et seq.; the Washington Water Pollution Control Act., RCW 90.48; the Washington Clean Air Act., RCW 70.94; the Washington Solid Waste Management Act., RCW 70.95; the Washington Hazardous Waste Management Act., RCW 70.105; and the Washington Nuclear Energy and Radiation Act., RCW 70.98.
Appears in 1 contract
Samples: Lease Agreement
