Common use of Prohibited Materials and Property Clause in Contracts

Prohibited Materials and Property. Tenant shall not bring or permit to be brought or kept in or on the Premises or elsewhere in the Building (i) any inflammable, combustible or explosive fluid, material , chemical or substance including, without limitation, any hazardous substances (collectively, “Hazardous Materials”) as defined under applicable state or local law, under the Federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 USC §9601 et seq., as amended, under Section 3001 of the Federal Resource Conservation and Recovery Act of 1976, as amended, or under any regulation of any governmental authority regulating environmental or health matters (collectively, “Environmental Laws”) (except for standard office supplies and cleaning supplies used, stored, and disposed of in accordance with applicable law) or (ii) any materials, appliances or equipment (including, without limitation, materials, appliances and equipment selected by Tenant for the construction or other preparation of the Premises and furniture and carpeting) which pose any danger to life, safety or health or may cause damage, injury or death. Tenant shall not cause or permit any potentially harmful air emissions, odors of cooking or other processes, or any unusual or other objectionable odors or emissions to emanate from or permeate the Premises. The occasional presence of normal food odors generated by catered events in the Atrium shall not be considered to violate the foregoing restriction. In the event that, during the performance of any Alterations by Tenant at the Premises or during the performance of Landlord’s Work, the removal, encapsulation or other remediation of Hazardous Materials determined to be present in the Premises as of the Commencement Date shall be required pursuant to any Environmental Laws, such removal, encapsulation or other remediation shall be performed by Landlord, at Landlord’s expense (and in no event shall any portion of Landlord’s Contribution be applied toward such cost), to the extent required by such Environmental Laws.

Prohibited Materials and Property. Tenant shall not bring or permit to be brought or kept in or on the Premises or elsewhere in the Building (i) any governmentally regulated quantities of inflammable, combustible combustible, or explosive fluid, material material, chemical or substance including, without limitation, any hazardous substances (collectivelyexcept for standard office or restaurant supplies stored in proper containers). In addition to the foregoing, “Hazardous Materials”) as defined under applicable Tenant shall keep the Premises free from governmentally regulated quantities of pollutants, contaminants, toxic or hazardous waste, or any other substances, the removal of which is required or the use or maintenance of which is restricted, prohibited or penalized, by any Federal, state or local law, under regulation or ordinance relating to pollution or the Federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 USC §9601 et seq., as amended, under Section 3001 protection of the Federal Resource Conservation and Recovery Act of 1976, as amended, or under any regulation of any governmental authority regulating environmental or health matters environment (collectively, “Environmental Laws”) (except for standard office supplies and cleaning supplies used, stored"Hazardous Substances"), and disposed if any Hazardous Substances are brought or found upon the Premises Tenant shall cause the same to be immediately removed, with proper disposal, and all required clean-up procedures shall be diligently undertaken. If at any time during or after the Term hereof the Premises is found to be contaminated or to contain any Hazardous Substances, Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, actions, demands, liabilities, costs, expenses, damages and obligations of in accordance with applicable law) any nature whatsoever, unless the presence of such substances is attributable to Landlord or (ii) any materials, appliances its agents or equipment (including, without limitation, materials, appliances and equipment selected by Tenant for employees or existed prior to the construction date of this Lease. The foregoing indemnification shall survive the termination or other preparation expiration of the Premises and furniture and carpeting) which pose any danger to life, safety or health or may cause damage, injury or death. Tenant shall not cause or permit any potentially harmful air emissions, odors of cooking or other processes, or any unusual or other objectionable odors or emissions to emanate from or permeate the Premises. The occasional presence of normal food odors generated by catered events in the Atrium shall not be considered to violate the foregoing restrictionLease. In the event thatthat prior to completion of the Tenant Work Tenant discovers that the Building or Land contains asbestos or any other Hazardous Substances, during Landlord shall be responsible for the performance cost of abating the same, provided that Landlord shall have the right to terminate the Lease in the event the abatement costs are expected to exceed Twenty Five Thousand and No/100 Dollars ($25,000.00), unless Tenant and its parent company agrees to assume liability for such additional costs. Tenant agrees, at its sole cost and expense, to conduct such environmental tests and studies as may be necessary to determine whether or not the Building or Land contains any Alterations by Tenant at the Premises or during the performance of Landlord’s Work, the removal, encapsulation asbestos or other remediation of Hazardous Materials determined promptly following the Effective Date, and to be present in the Premises as promptly furnish Landlord with copies of the Commencement Date shall be required pursuant to any Environmental Laws, all of such removal, encapsulation or other remediation shall be performed by Landlord, at Landlord’s expense (and in no event shall any portion of Landlord’s Contribution be applied toward such cost), to the extent required by such Environmental Lawsreports.

Prohibited Materials and Property. Tenant shall not bring or permit to be brought or kept in or on the Premises or elsewhere in the Building (i) any inflammable, combustible or explosive fluid, material , chemical or substance including, without limitation, any hazardous substances (collectively, “Hazardous Materials”) as defined under applicable state or local law, under the Federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 USC §9601 et seq., as amended, under Section 3001 of the Federal Resource Conservation and Recovery Act of 1976, as amended, or under any regulation of any governmental authority regulating environmental or health matters (collectively, “Environmental Laws”) (except for standard office supplies and cleaning supplies used, stored, and disposed of in accordance with applicable law) or (ii) any materials, appliances or equipment (including, without limitation, materials, appliances and equipment selected by Tenant for the construction or other preparation of the Premises and furniture and carpeting) which pose any danger to life, safety or health or may cause damage, injury or death. Tenant shall not cause or permit any potentially harmful air emissions, odors of cooking or other processes, or any unusual or other objectionable odors or emissions to emanate from or permeate the Premises. The occasional presence of normal food odors generated by catered events in the Atrium shall not be considered to violate the foregoing restriction. In the event that, during the performance of any Alterations by Tenant at the Premises or Premises, including during the performance of Landlord’s the Tenant Work, the removal, encapsulation or other remediation of Hazardous Materials determined to be present in the Premises as of the Commencement Date shall be required pursuant to any Environmental Laws, such removal, encapsulation or other remediation shall be performed by Landlord, at Landlord’s expense (and in no event shall any portion of Landlord’s Contribution be applied toward such cost)expense, to the extent required by such Environmental LawsLaws and if any portion of the Premises is rendered unusable or inaccessible as a result of the presence or remediation of such Hazardous Materials, then the Yearly Rent, Operating Expense Excess and Tax Excess shall be abated in proportion to such untenantability until such time as the affected portion of the Premises is usable and accessible.