Common use of Prohibition Against Hazardous Substances Clause in Contracts

Prohibition Against Hazardous Substances. 25.2.1.1 Tenant shall not cause or permit any “Hazardous Substances” (as defined below) to be brought upon, used, handled, produced, treated, stored, transported, released, discharged or disposed of in, on or about the Property without Landlord’s prior written consent, which Landlord may give or withhold in its sole discretion. Any use, handling, production, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances in, on or about the Property by any Tenant Party shall strictly comply with all applicable Restrictions. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals necessary for the maintenance and operation of its business, including all permits, authorizations and approvals governing the use, handling, production, treatment, storage, transportation, release, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any claims, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ fees, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which for the purposes hereof include “Remedial Work” (as defined below), and sums paid in settlement thereof] that result from or arise out of the use, handling, production, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term by any Tenant Party and (ii) any portion of the Property outside of the Premises by any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant shall be permitted to use small amounts of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable Laws.

Prohibition Against Hazardous Substances. 25.2.1.1 Except for (i) Hazardous Substances set forth in the Environmental Questionnaire and Disclosure Statement and (ii) de minimis quantities of general office supplies customarily used by office tenants in the ordinary course of their business, such as copier toner, liquid paper, glue, ink and cleaning solvents, Tenant shall not cause or permit any “Hazardous Substances” (as defined below) Substances to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property without Landlord’s prior written consent, which Project unless Landlord may give has consented to such storage or withhold use in its sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsGovernmental Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term Project by Tenant or any Tenant Party and (ii) Parties. If, as a result of any portion handling, transportation, storage, treatment, disposal or use of any Hazardous Substances in or about the Property outside of the Premises Project by Tenant, its agents, employees, contractors or invitees, any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant lender or governmental agency shall be permitted to use small amounts of require testing for Hazardous Substances in the Premises as reasonably necessary in connection with Premises, Tenant shall pay for such testing. Tenant’s obligations under this Section shall survive the Permitted Useexpiration or earlier termination of this Lease until all Claims within the scope of this Section 28.A are fully, provided that such use is in accordance with all Applicable Lawsfinally, and absolutely barred by the applicable statutes of limitations.

Prohibition Against Hazardous Substances. 25.2.1.1 (i) Tenant shall not cause or permit any “Hazardous Substances” Substances (as defined below) to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property Project without Landlord’s prior written consent, which Landlord may give or withhold in its sole discretion. Any useNotwithstanding the foregoing, Tenant shall be permitted to use reasonable quantities of Hazardous Materials that are required for Tenant’s business operations on the Real Property as long as any handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any such Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsEnvironmental Laws. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold Landlord and the other Landlord Parties Indemnitees (as defined in Paragraph 13.2 below) harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, Remedial Work” Work (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term by any Tenant Party and (ii) any portion of on or about the Property Project outside of the Premises by Tenant or any Tenant Party. Notwithstanding anything to the contrary Parties (as defined in this Lease, Tenant shall be permitted to use small amounts Paragraph 13.2 below) in violation of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable applicable Environmental Laws.