Common use of Presence and Use of Hazardous Substances Clause in Contracts

Presence and Use of Hazardous Substances. Tenant shall not, without Landlord’s prior written consent of Landlord’s sole discretion, keep on or around the Premises, Building or Property, for use, disposal, treatment, generation, storage or sale, any substances designed as, or containing components designated as, a “hazardous substance,” “hazardous material,” hazardous waste,” “regulated substance” or “toxic substance” (collectively referred to as “Hazardous Substances”). With respect to any such Hazardous Substances, Tenant shall: (i) [comply promptly, timely and completely with all Laws for reporting, keeping and submitting manifests, and obtaining and keeping current identification numbers; (ii) submit to Landlord true and correct copies of all reports, manifests and identification numbers at the same time as they are required to be and/or are submitted to the appropriate governmental authorities; (iii) only if Tenant is utilizing Hazardous Substances other that the Allowed Customary Hazardous Substances (as hereinafter defined), within fifteen (15) days of Landlord’s request, submit written reports to Landlord regarding Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to Landlord of Tenant’s compliance with all applicable Laws; (iv) allow Landlord or Landlord’s agent or representative to come on the Premises at all reasonable times (and subject to the provisions of Section 19.B hereof) to check Tenant’s compliance with all applicable Laws; (v) comply with minimum levels, standards or other performance standards or requirements 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, such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all applicable Laws regarding the proper and lawful use, sale, transportation, generation, treatment and disposal of Hazardous Substances. Notwithstanding the foregoing or anything contained in this Lease to the contrary, Tenant may (without Landlord’s consent) use de minimus quantities of materials such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises (the “Allowed Customary Hazardous Substances”) provided that such materials are used, stored and disposed of by Tenant strictly in accordance with applicable Laws. Landlord represents to Tenant that, as of the date of this Lease, to Landlord’s actual knowledge, without further inquiry, that the Building and Property contain no reportable quantities of Hazardous Substances which require remediation in order for the Building and Property to comply with applicable environmental laws.

Presence and Use of Hazardous Substances. Tenant shall not, without Landlord’s prior written consent of Landlord in Landlord’s sole discretion, keep on or around the Premises, Building or Property, for use, disposal, treatment, generation, storage or sale, any substances designed as, or containing components designated as, a “hazardous substance,” “hazardous material,” hazardous waste,” “regulated substance” or “toxic substance” (collectively referred to as “Hazardous Substances”). With respect to any such Hazardous Substances, Tenant shall: (i) [comply promptly, timely and completely with all Laws for reporting, keeping and submitting manifests, and obtaining and keeping current identification numbers; (ii) submit to Landlord true and correct copies of all reports, manifests and identification numbers at the same time as they are required to be and/or are submitted to the appropriate governmental authorities; (iii) only if Tenant is utilizing Hazardous Substances other that the Allowed Customary Hazardous Substances within five (as hereinafter defined), within fifteen (155) days of Landlord’s request, submit written reports to Landlord regarding Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to Landlord of Tenant’s compliance with all applicable Laws; (iv) allow Landlord or Landlord’s agent or representative to come on the Premises at all reasonable times (and subject to the provisions of Section 19.B hereof) to check Tenant’s compliance with all applicable Laws; (v) comply with minimum levels, standards or other performance standards or requirements 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, such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all applicable Laws regarding the proper and lawful use, sale, transportation, generation, treatment and disposal of Hazardous Substances. Notwithstanding the foregoing or anything contained in this Lease to the contrary, Tenant may (without Landlord’s consent) use de minimus quantities of materials such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises (the “Allowed Customary Hazardous Substances”) provided that such materials are used, stored and disposed of by Tenant strictly in accordance with applicable Laws. Landlord represents to Tenant that, as of the date of this Lease, to Landlord’s actual knowledge, without further inquiry, that the Building and Property contain no reportable quantities of Hazardous Substances which require remediation in order for the Building and Property to comply with applicable environmental laws.

Presence and Use of Hazardous Substances. Tenant shall not, without Landlord’s 's prior written consent of Landlord’s sole discretionconsent, keep on or around the Premises, Building Premises or PropertyCommon Areas, for use, handling, disposal, treatment, generation, storage or sale, any substances designed designated as, or containing components designated asas hazardous, a “hazardous substance,” “hazardous material,” hazardous waste,” “regulated substance” dangerous, toxic, harmful, medical or “toxic substance” infectious (collectively referred to as “"Hazardous Substances”Substance"), and/or is subject to regulation by any federal, state or local law, regulation, statute, ordinance or management plan. With respect to any such Hazardous SubstancesSubstance, Tenant shall: (i) [comply ; Comply promptly, timely timely, and completely with all Laws governmental requirements for reporting, keeping and submitting manifests, and obtaining and keeping current identification numbers; (ii) submit Submit to Landlord true and correct copies of all reports, manifests and identification numbers at the same time as they are required to be and/or are submitted to the appropriate governmental authorities; Within five (iii) only if Tenant is utilizing Hazardous Substances other that the Allowed Customary Hazardous Substances (as hereinafter defined), within fifteen (155) days of Landlord’s 's request, submit written reports to Landlord regarding Tenant’s 's use, handling, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to Landlord of Tenant’s 's compliance with all the applicable Lawsgovernment regulations; (iv) allow Allow Landlord or Landlord’s 's agent or representative to come on to the Premises at all reasonable times (and subject to the provisions of Section 19.B hereof) to check Tenant’s 's compliance with all applicable Lawsgovernmental regulations regarding Hazardous Substances; (v) comply Comply with minimum levels, standards or other performance standards or requirements 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, such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities and shall be set forth in an addendum to this Lease); and (vi) comply Comply with all applicable Laws governmental statutes, ordinances, rules, regulations, management plans and requirements regarding the proper and lawful use, handling, sale, transportation, generation, treatment treatment, and disposal of Hazardous Substances. Notwithstanding the foregoing or anything contained in this Lease to the contrary, Tenant may (without Any and all costs incurred by Landlord and associated with Landlord’s consent) use de minimus quantities inspection of materials such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily used in business offices in order to conduct its business at the Tenant’s Premises and to maintain and operate the business machines located in the Premises (the “Allowed Customary Hazardous Substances”) provided that such materials are used, stored and disposed of by Tenant strictly in accordance with applicable Laws. Landlord represents to Tenant that, as of the date of this Lease, to Landlord’s actual knowledgemonitoring of Tenant’s compliance with this Section 10.2.1, without further inquiryincluding Landlord’s attorneys’ fees and costs, that the Building shall be Additional Rent and Property contain no reportable quantities of Hazardous Substances which require remediation in order for the Building shall be due and Property payable to comply with applicable environmental lawsLandlord immediately upon demand by Landlord.

Presence and Use of Hazardous Substances. Except for nominal amounts that are used consistent with Tenant's use of the Premises for office purposes, Tenant shall not, without Landlord’s 's prior written consent of Landlord’s 's sole discretion, keep on or around the Premises, Building or Property, for use, disposal, treatment, generation, storage or sale, any substances designed as, or containing components designated as, a “"hazardous substance,” “" "hazardous material,” " "hazardous waste,” “" "regulated substance” " or “"toxic substance” " (collectively referred to as “"Hazardous Substances”"). With respect to any such Hazardous Substances, Tenant shall: (i) [comply promptly, timely and completely with all Laws for reporting, keeping and submitting manifests, and obtaining and keeping current identification numbers; (ii) submit to Landlord true and correct copies of all reports, manifests and identification numbers at the same time as they are required to be and/or are submitted to the appropriate governmental authorities; (iii) only if Tenant is utilizing Hazardous Substances other that the Allowed Customary Hazardous Substances within five (as hereinafter defined), within fifteen (155) days of Landlord’s 's request, submit written reports to Landlord regarding Tenant’s 's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to Landlord of Tenant’s 's compliance with all applicable Laws; (iv) allow Landlord or Landlord’s 's agent or representative to come on the Premises at all reasonable times (and subject to the provisions of Section 19.B hereof) to check Tenant’s 's compliance with all applicable Laws; (v) comply with minimum levels, standards or other performance standards or requirements 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, such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all applicable Laws regarding the proper and lawful use, sale, transportation, generation, treatment and disposal of Hazardous Substances. Notwithstanding the foregoing or anything contained in this Lease to the contrary, Tenant may (without Landlord’s consent) use de minimus quantities of materials such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises (the “Allowed Customary Hazardous Substances”) provided that such materials are used, stored and disposed of by Tenant strictly in accordance with applicable Laws. Landlord represents to Tenant that, as of the date of this Lease, to Landlord’s actual knowledge, without further inquiry, that the Building and Property contain no reportable quantities of Hazardous Substances which require remediation in order for the Building and Property to comply with applicable environmental laws.

Presence and Use of Hazardous Substances. As used in this Lease, "Hazardous Substances" shall mean anything which may be harmful to persons or property, including, but not limited to, materials designated as a "Hazardous Substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended, 42 USC 9601, et seq., or as a Hazardous Substance, 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 environment. Tenant shall not, without Landlord’s 's prior written consent of Landlord’s sole discretionconsent, keep on or around the Premises, Building Common Areas or PropertyBuilding, for use, disposal, treatment, generation, storage or sale, any substances designed as, or containing components designated as, a “hazardous substance,” “hazardous material,” hazardous waste,” “regulated substance” or “toxic substance” (collectively referred to Hazardous Substances except such Hazardous Substances as “are commonly used in general administrative office operations plus such incidental Hazardous Substances”)Substances as may be used in the light electronic manufacturing specified in Tenant’s Use of Premises. With respect to any such Hazardous SubstancesSubstance, Tenant shall: (i) [comply Comply promptly, timely timely, and completely with all Laws governmental requirements for reporting, keeping keeping, and submitting manifests, and obtaining and keeping current identification numbers; (ii) submit Submit to Landlord true and correct copies of all reports, manifests manifests, and identification numbers at the same time as they are required to be and/or are submitted to the appropriate governmental authorities; (iii) only if Tenant is utilizing Hazardous Substances other that the Allowed Customary Hazardous Substances Within five (as hereinafter defined), within fifteen (155) days of Landlord’s 's request, submit written reports to Landlord regarding Tenant’s 's use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to Landlord of Tenant’s 's compliance with all the applicable Lawsgovernment regulations; (iv) allow Allow Landlord or Landlord’s 's agent or representative to come on the Premises premises at all reasonable times (and subject to the provisions of Section 19.B hereof) to check Tenant’s 's compliance with all applicable Lawsgovernmental regulations regarding Hazardous Substances; (v) comply Comply with minimum levels, standards or other performance standards or requirements 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, such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities and shall be set forth in an addendum to this Lease); and (vi) comply Comply with all applicable Laws governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment treatment, and disposal of Hazardous Substances. Notwithstanding the foregoing or anything contained in (2) Any and all costs reasonably incurred by Landlord and associated with Landlord's monitoring of Tenant's compliance with this Lease Section 8, including Landlord's reasonable attorneys' fees and costs, shall be Additional Rent and shall be due and payable to the contrary, Tenant may Landlord within ten (without 10) days of written demand by Landlord’s consent) use de minimus quantities of materials such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises (the “Allowed Customary Hazardous Substances”) provided that such materials are used, stored and disposed of by Tenant strictly in accordance with applicable Laws. Landlord represents to Tenant that, as of the date of this Lease, to Landlord’s actual knowledge, without further inquiry, that the Building and Property contain no reportable quantities of Hazardous Substances which require remediation in order for the Building and Property to comply with applicable environmental laws.b.

Presence and Use of Hazardous Substances. Tenant shall not, without Landlord’s prior written consent of Landlord’s sole discretion, keep on or around the Premises, Building or Property, for use, disposal, treatment, generation, storage or sale, any substances designed as, or containing components designated as, a “hazardous substance,” “hazardous material,” “hazardous waste,” “regulated substance” or “toxic substance” (collectively referred to as “Hazardous Substances”), except for Hazardous Substances used in the ordinary course of Tenant’s business at the Premises, that are used, kept, and disposed of in compliance with Laws. With respect to any such Hazardous SubstancesSubstances kept by Tenant on or around the Premises, Tenant shall: (i) [comply promptly, timely and completely with all Laws for reporting, keeping and submitting manifests, and obtaining and keeping current identification numbers; (ii) submit to Landlord true and correct copies of all reports, manifests and identification numbers at the same time as they are required to be and/or are submitted to the appropriate governmental authorities; (iii) only if Tenant is utilizing Hazardous Substances other that the Allowed Customary Hazardous Substances within five (as hereinafter defined), within fifteen (155) days of Landlord’s written request, submit written reports to Landlord regarding Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to Landlord of Tenant’s compliance with all applicable Laws; (iv) allow Landlord or Landlord’s agent or representative to come on the Premises at all reasonable times (and subject to the provisions of Section 19.B hereof) upon not less than 24 hours prior written notice to check Tenant’s compliance with all applicable Laws; (v) comply with minimum levels, standards or other performance standards or requirements 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, such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all applicable Laws regarding the proper and lawful use, sale, transportation, generation, treatment and disposal of Hazardous Substances. Notwithstanding the foregoing or anything contained in this Lease to the contrary, Tenant may (without Landlord’s consent) use de minimus quantities of materials such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises (the “Allowed Customary Hazardous Substances”) provided that such materials are used, stored and disposed of by Tenant strictly in accordance with applicable Laws. Landlord represents to Tenant that, as of the date of this Lease, to Landlord’s actual knowledge, without further inquiry, that the Building and Property contain no reportable quantities of Hazardous Substances which require remediation in order for the Building and Property to comply with applicable environmental laws.