Common use of Prohibition; Environmental Laws Clause in Contracts

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 3 contracts

Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc), Lease Agreement (GigOptix, Inc.)

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Prohibition; Environmental Laws. Except for, and to the extent of, the ------------------------------- Hazardous Materials specified in the Initial HazMat Certificate, Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, Equipment Space, the Building, the Property, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole 's reasonable discretion. Landlord shall have the right at all times during the Term Term, upon reasonable advance notice to Tenant (except in the case of emergency) to (i) inspect the PremisesPremises and Equipment Space, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the ProjectArticle 32, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or Building, Premises, Equipment Space, and the Common AreasProperty. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be proportionately borne by TenantTenant commensurate with the extent of Hazardous Materials revealed by any such inspection, if test or investigation to be present in, on or about the Premises, Equipment Space, Building or Property arising from or related to the intentional or negligent acts or omissions of Tenant or any of Tenant’s Representatives 's employees, agents, contractors or representatives and all other costs and expenses shall be borne by parties other than Tenant. However, in the event any such inspection, test or investigation reveals that there are directly not any Hazardous Materials present in, on or indirectly about the Premises, Building, Equipment Space or Property arising from or related to the intentional or negligent acts or omissions of Tenant or Tenant's employees, agents, contractors or representatives then Tenant shall not be responsible for any contamination revealed by of the cost of such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises Premises, Building, Equipment Space, Property or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's employees, agents, contractors or representatives or invitees with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Prohibition; Environmental Laws. Except for and to the extent of the type and quantities of Hazardous Materials specified in the Initial HazMat Certificate, Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Buildings, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole 's reasonable discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease, upon reasonable advance notice to Tenant, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises Premises, the Common Areas and/or the Common Areasparking lots. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Prohibition; Environmental Laws. Except for nominal amounts of ordinary household cleaners, office supplies and janitorial supplies which are not regulated by any Environmental Laws, Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about any portion of the Premises or Project Premises, the Building, the Complex, the Real Property without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events such any usage and or storage must at all times of any Hazardous Materials by Tenant shall be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Lease Term following no less than 24 hours' notice (except in case of emergency), and subject to Tenant's reasonable security requirements to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the ProjectArticle 27, and (iii) request lists of all Hazardous Materials used, stored or otherwise located onin, under on or about any portion of the Premises and/or the Common AreasPremises. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 2 contracts

Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Representatives with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Nuance Communications), Lease Agreement (Nuance Communications)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Interlink Electronics), Lease Agreement (Homegrocer Com Inc)

Prohibition; Environmental Laws. Except for normal cleaning materials and the materials set forth in the Initial HazMat Certificate, Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or the Project without, in each instance, obtaining Landlord’s prior written consent thereto, which shall not be unreasonably withheld. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). Tenant agrees that any material changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole reasonable discretion. Landlord shall have the right at all times during the Term Term, subject to Section 16, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials are present in, on or about the Premises or the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or or the Common AreasProject. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives Responsible Parties are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s RepresentativesResponsible Parties’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Ambarella Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion; provided, however, that Landlord hereby approves of Tenant constructing and maintaining outdoors immediately adjacent to the Premises, in a location to be approved by Landlord, such approval not to be unreasonably withheld, an approximately 1000-gallon diesel fuel above-ground storage tank for fueling of Tenant's emergency generator, such tank to be constructed, maintained and used strictly in accordance with all terms and provisions of this lease and in compliance with all applicable Environmental Laws. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. , The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Endwave Corp)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior Prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Infiniti Solutions LTD)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Buildings, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project (except for customary janitorial supplies in customary amounts stored in accordance with applicable laws) without, in each instance, obtaining Landlord’s prior written consent theretothereto other than Hazardous Materials customarily used in offices (such as liquid paper, copy fluids, cleaning liquids and toner) in nominal amounts in accordance with applicable laws. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous MaterialsMaterials at the Project, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Meru Networks Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Representatives with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The rile aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Representatives with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Conor Medsystems Inc)

Prohibition; Environmental Laws. Except for the items (if any) disclosed on the initial HazMat Certificate, and except for normal office cleaning supplies, both of which shall be kept in strict accordance with applicable law, Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, any portion thereof without obtaining Landlord’s 's prior written consent thereto, which may be withheld in Landlord's sole and absolute discretion. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any material changes (i.e. changes that would create a risk of being in violation of law) to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, subject to Section 18 (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the ProjectSECTION 29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (New Ico Global Communications Holdings LTD)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises Premises, the Project or Project the Adjacent Park without, in each instance, obtaining Landlord’s instance satisfying the following conditions: (i) Tenant shall provide a HazMat Certificate for such material to Landlord prior written consent thereto. If Landlord, in its sole discretion, consents to any bringing such usage or storage, then material onto the Lot; (2) Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, ; (3) Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate and in compliance with any and all local applicable Law; (C4) expressly approved by Landlord in writing. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). Tenant agrees that any ; (5) Any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only after complying with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. foregoing conditions; and (6) Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises Project or the Adjacent Park for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole but reasonable discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 29 or to determine if Hazardous Materials are present in, on or about the ProjectProject or the Adjacent Park, and (iii) request lists of all Hazardous Materials used, stored or otherwise located placed by Tenant or Tenant's Representatives on, under or about any portion of the Premises and/or Project or the Common AreasAdjacent Park. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives or Landlord Parties for Tenant’s 's use, storage, disposal or remediation of Tenant's Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. Tenant's Environmental Obligations: Tenant shall give to Landlord immediate verbal and follow-up written notice of any spills, releases, discharges, disposals, emissions, migrations, removals or transportation of Hazardous Materials on, under or about any portion of the Project or Adjacent Park; provided that Tenant has actual, implied or constructive knowledge of such event(s). Tenant, at its sole cost and expense, covenants and warrants to promptly investigate, clean up, remove, restore and otherwise remediate (including, without limitation, preparation of any feasibility studies or reports and the performance of any and all closures) any spill, release, discharge, disposal or emission (including the migration thereof) of Tenant's Hazardous Materials such that (i) the affected portions of the Premises, Project and the Adjacent Park are returned to a condition sufficient to comply with applicable Environmental Laws and to the other standards specified in this Section 29.4 and (ii) closure letters with respect thereto have been issued by the governmental agency having oversight responsibility for the remediation of any spill or release of Hazardous Materials, subject, however to the provisions of Section 12.2.2. Any such investigation, clean up, removal, restoration and other remediation to be undertaken by or at the direction of Tenant shall only be performed after Tenant has obtained Landlord's prior written consent to a remediation work plan ("Remediation Plan"), which consent shall not be unreasonably withheld so long as the Remediation Plan is designed to remediate such spill, release, discharge, disposal or emission within a reasonable time frame (as reasonably determined by Landlord) so that, upon completion of the Remediation Plan approved by Landlord, which approval shall not be unreasonably withheld or delayed, the Project will be in compliance with all applicable Environmental Laws relating to Hazardous Materials that the Remediation Plan addresses. Notwithstanding the foregoing, Tenant shall be entitled to respond immediately to an emergency and to comply with any Law requiring action before the Landlord's consent could reasonably be obtained, without first obtaining Landlord's prior written consent. Tenant, at its sole cost and expense, shall conduct and perform, or cause to be conducted and performed, all closures as required by any Environmental Laws or any agencies or other governmental authorities having jurisdiction thereof and arising out of or caused by any Tenant's Hazardous Materials. If Tenant fails to so promptly investigate, clean up, remove, restore, provide closure or otherwise so remediate, Landlord may, but without obligation to do so, take any and all steps necessary to rectify the same and Tenant shall promptly reimburse Landlord, upon demand, for all costs and expenses to Landlord of performing investigation, clean up, removal, restoration, closure and remediation work. All such work undertaken by Tenant, as required herein, shall be performed in such a manner so as to enable Landlord to make use of the Project and the Adjacent Park for the use thereof permitted under the City of Hayward Zoning Code then applicable thereto, including those uses that are permitted with a conditional use permit, after the satisfactory completion of such work. Environmental Indemnity: In addition to Tenant's obligations as set forth hereinabove, Tenant agrees to, and shall, protect, indemnify, defend (with counsel acceptable to Landlord) and hold Landlord and the other Landlord Indemnitees harmless from and against any and all Claims (including, without limitation, diminution in value of any portion of the Project or the Adjacent Park, damages for the loss of or restriction on the use of rentable or usable space, and from any adverse impact of Landlord's marketing of any space within the Project or Adjacent Park) arising at any time during or after the Term of this Lease to the extent directly or indirectly, arising out of or caused by any Tenant's Hazardous Material. Neither the written consent of Landlord to the presence, use or storage of Hazardous Materials in, on, under or about any portion of the Project or the Adjacent Park nor the strict compliance by Tenant with all Environmental Laws shall excuse Tenant from its obligations of indemnification pursuant hereto. Tenant shall not be relieved of its indemnification obligations under the provisions of this Section 29.5 due to Landlord's status as either an "owner" or "operator" under any Environmental Laws. Survival: Tenant's and Landlord's obligations and liabilities pursuant to the provisions of this Section 29 shall survive the expiration or earlier termination of this Lease. If it is determined by Landlord that the condition of all or any portion of the Project or the Adjacent Park is not in compliance with the provisions of this Lease with respect to Tenant's Hazardous Materials, including without limitation all Environmental Laws, at the expiration or earlier termination of this Lease, then Landlord may require Tenant to hold over possession of the Premises until Tenant can surrender the Premises to Landlord in the condition required by this Lease, including without limitation, the conduct or performance of any closures as required by any Environmental Laws. For purposes hereof, the term "reasonable wear and tear" shall not include any deterioration in the condition or diminution of the value of any portion of the Project or the Adjacent Park caused by storage, use, transportation, release, discharge or emission of Tenant's Hazardous Materials. Any such holdover by Tenant will be with Landlord's consent, will not be terminable by Tenant in any event or circumstance and will otherwise be subject to the provisions of Section 20 of this Lease. Landlord's Obligations. Landlord agrees that, as between Landlord and Tenant, if any Environmental Law would require any investigation, clean up, removal, restoration or other remediation (including, without limitation, preparation of any feasibility studies or reports and the performance of any and all closures), of a Hazardous Material other than Tenant's Hazardous Material(s), that is present on or about the Project or the Adjacent Park, or the soil, groundwater, surface water, ambient air or building materials thereof, then Landlord shall, or shall cause a third party to, promptly investigate, clean up, remove, restore and otherwise remediate (including, without limitation, preparation of any feasibility studies or reports and the performance of any and all closures) such Hazardous Material such that the affected portions of the Project and the Adjacent Park are returned to the condition required by applicable Environmental Laws with respect to the continued use of the Premises for the uses thereof permitted by this Lease then being made by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Cell Genesys Inc)

Prohibition; Environmental Laws. Except for and to the extent of the type and quantities of Hazardous Materials specified in the Initial HazMat Certificate, Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease, upon reasonable advance notice to Tenant, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion the Premises, the Common Areas and/or the parking lots (to the extent the Common Areas and/or the parking lots are not considered part of the Premises and/or the Common AreasPremises). The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Prohibition; Environmental Laws. Except to the extent expressly permitted to be used, stored and handled by Tenant pursuant to the provisions of this Lease, and except for the type and quantities of Hazardous Materials specified in the Initial HazMat Certificate, Tenant shall not be entitled to use use, store or store handle any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such handling, usage or storage, then Tenant shall be permitted to handle, use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events such handling, usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). To the extent that Tenant is required to obtain Landlord’s consent, Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials are present in, on or about the ProjectPremises, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s handling, use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Infinera Corp)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to may use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events provided that such usage and storage must at all times be is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, guidelines permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future that are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that shall not install any changes to underground tanks anywhere on the type and/or quantities of Hazardous Materials specified in Property. Tenant may not install any above-ground tanks, either inside or outside the most recent HazMat Certificate may be implemented only with the prior Premises, without Landlord’s express written consent of Landlordconsent, which consent may Landlord shall not unreasonably withhold, provided that: (a) Tenant shall install, use, maintain, repair, replace, and remove all such tanks in accordance with all applicable Laws, at Tenant’s sole cost and risk; (b) with respect to any above-ground tanks outside the Premises, Landlord shall be given entitled to approve the location and require Tenant to install fences, visual screening, containment berms, landscaping, and other safety features or withheld protections in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install ; and (c) Landlord may disapprove any tanks under, on or about tank outside the Premises for the storage of Hazardous Materials without the express written consent of Landlordif Landlord determines, which may be given or withheld in Landlord’s its sole discretion. Landlord shall have , that the right at all times during the Term to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 proposed tank will materially adversely affect another tenant’s use or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists enjoyment of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materialsthe Property, including without limitation, Tenant’s operation, the use and or enjoyment of any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.common areas,

Appears in 1 contract

Samples: Lease Agreement

Prohibition; Environmental Laws. Except for those Hazardous Materials of the type and in the quantities specified in the Initial HazMat Certificate and in the HMMP (defined below), Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole but reasonable discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole but reasonable discretion. Except for the double contained, leakage monitored above-ground tank specified in the HMMP, Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Such above-ground tank in which diesel fuel is stored, used and/or distributed therefrom shall be sealed in a leak-proof, double contained tank using commercially reasonable technology at the time of installation. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the PremisesPremises at reasonable times and upon reasonable prior notice except in the case of emergency, (ii) at reasonable times and upon reasonable prior notice except in the case of emergency, conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, Tenant if Landlord reasonably determines that Tenant or any of Tenant’s Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations; otherwise, the cost of such tests shall be borne by Landlord. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Representatives with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, storage or release of Hazardous Materials or the disposal or remediation of Hazardous Materialsthereof, it being understood that Tenant shall be solely responsible for all liability in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant and Tenant’s Representatives shall not conduct any diesel or gas filling operations in, on, at or about the Premises it being Tenant’s intention to solely use said diesel for emergency generator situations only provided Tenant may activate the generator for commercially reasonable testing purposes. In addition to the foregoing, Tenant and Tenant’s Representatives shall limit the types and amounts of Hazardous Materials to be stored at the Premises to the types and quantities specified in the Initial HazMat Certificate attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Linkedin Corp)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then-applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). "ENVIRONMENTAL LAWS") and in compliance with the recommendations of Landlord's consultants Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right right, in Landlord's sole discretion, at all times during the Term of this Lease to (i) inspect the PremisesPremises upon reasonable prior notice and provided that Landlord shall endeavor to minimize disruption of Tenant's business, (ii) upon reasonable prior notice and provided that Landlord shall endeavor to minimize disruption of Tenant's business conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 section 25 or to determine if Hazardous Materials are present in, on or about the ProjectPremises, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or Premises, and (iv) to require Tenant to complete a survey of its use, storage and handling of Hazardous Materials in the Common AreasPremises, using a form and following procedures designated by Landlord, in Landlord's sole discretion (the "SURVEY"). The If as a result of an inspection, test or Survey Landlord determines, in Landlord's sole discretion, that Tenant should implement or perform safety, security or compliance measures, Tenant shall within thirty (30) days after written request by Landlord perform such measures, at Tenant's sole cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspectionsexpense. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Tenant Parties with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related relating thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Wastewater Treatment (Jabil Circuit Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate, as expressly approved by Landlord, and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant to all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent LANDLORD'S INITIALS: /s/ TT --- TENANT'S INITIALS: /s/ EB --- may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion the Premises, the Common Areas and/or the parking lots (to the extent the Common Areas and/or the parking lots are not considered part of the Premises and/or the Common AreasPremises). The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably believes they are necessary and such inspections, tests, and investigations indicate that Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspectionshas contaminated the Premises. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Natrol Inc)

Prohibition; Environmental Laws. Except for those Hazardous Materials of the type and in the quantities specified in the Initial HazMat Certificate and in the HMMP (defined below), Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent Initial HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Except for the double contained, leakage monitored above-ground tank specified in the HMMP (defined below), Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Such above-ground tank in which diesel fuel is stored, used and/or distributed therefrom shall be sealed in a leak-proof, double- contained tank using the best available technology at the time of installation. Landlord shall have the right at all times during the Term to of this Lease (i) subject to the provisions of Section 18 hereof, to inspect the Premises, (ii) to conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) to request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common AreasPremises. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant and Tenant's Representatives shall not conduct any diesel or gas filling operations in, on, at or about the Premises it being Tenant's intention to solely use said diesel for emergency generator situations only. In addition to the foregoing, Tenant and Tenant's Representatives shall limit the types and amounts of Hazardous Materials to be stored at the Premises to the types and quantities specified in the Initial HazMat Certificate attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Exodus Communications Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in In each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then-applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). ) and in compliance with the reasonable recommendations of Landlord’s consultants Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole reasonable discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right right, in Landlord’s sole discretion, at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 section 25 or to determine if Hazardous Materials are present in, on or about the ProjectPremises, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or Premises, and (iv) to require Tenant to complete a survey of its use, storage and handling of Hazardous Materials in the Common AreasPremises, using a form and following procedures designated by Landlord, in Landlord’s sole discretion (the “Survey”). The Tenant shall reimburse Landlord for the cost of all such inspections, tests and investigations investigations, and all costs associated with any Survey if it is determined that Tenant is not in compliance with its obligations under this section 25. If as a result of an inspection, test or Survey Landlord determines, in Landlord’s reasonable discretion, that Tenant should implement or perform safety, security or compliance measures, Tenant shall within thirty (collectively30) days after written request by Landlord perform such measures, “Inspections”) shall be borne by Tenant, if Tenant or any of at Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspectionssole cost and expense. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Tenant Parties with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related relating thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Source Photonics Inc

Prohibition; Environmental Laws. Except for and to the extent of the type and quantities of Hazardous Materials specified in the Initial HazMat Certificate, Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any material changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the PremisesPremises upon twenty-four (24) hours' prior notice, except in the event of an emergency and/or an actual spill or release, in which event(s) no prior notice shall be required, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project30, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common AreasLot thereof. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be proportionately borne by TenantTenant commensurate with the extent of Hazardous Materials revealed by any such inspection, if test or investigation (such determination to be made by one or more environmental consultants selected by Landlord) to be present in, on or about the Premises and/or the Lot thereof due to the acts or omissions of Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible for any contamination revealed and all other costs and expenses shall be borne by such Inspectionsparties other than Tenant. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Webvan Group Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s Xxxxxxxx's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (SolarJuice Co., Ltd.)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, and the Project. This is an absolute prohibition and is made in each instance, obtaining Landlord’s prior written consent theretolight of the presence of the Existing Toxics (as defined in Section 27.7) on the Lot. If Landlord, in its sole discretion, consents to notwithstanding such prohibition Tenant uses or stores any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s businesson, (B) to in, or about any portion of the extent disclosed in Premises or the most recent HazMat CertificateProject, and (C) expressly approved by Landlord in writing. In all events such usage and storage must roust at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, ,. permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant. or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas, provided that Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant’s operations in the Premises in performing such inspections, tests or investigations. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s Tenants Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights tights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Representatives with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Ruckus Wireless Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.test,

Appears in 1 contract

Samples: Lease Agreement (Abaxis Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Pren-dses, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantifies of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which arc or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right fight at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether whethel Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials Matdrials used, stored or otherwise located on, under or about any portion of the Premises and/or the die Common Areas*. The Ile cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne home solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The Ile aforementioned rights fights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation remcdiation related thereto, or (b) liability on 18 the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation rcmediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewiththerewidi.

Appears in 1 contract

Samples: Lease Agreement (Competitive Companies Inc)

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Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole Landxxxx'x xole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion the Premises, the Common Areas and/or the parking lots (to the extent the Common Areas and/or the parking lots are not considered part of the Premises and/or the Common AreasPremises). The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by TenantTenaxx, if Tenant or any of Tenant’s Representatives xx Landlord reasonably believes they are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewithnecessary.

Appears in 1 contract

Samples: Basic Lease (Ameriquest Technologies Inc)

Prohibition; Environmental Laws. Except for materials set forth on the latest HazMat Certificate, Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project and RiverTech Park without, in each instance, obtaining Landlord’s 's prior written consent thereto, Landlord hereby acknowledging its consent to the matters set forth on the Initial HazMat Certificate. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate. Notwithstanding the foregoing, Tenant may bring into and use at the Premises, from time to time other Hazardous Materials not identified on the HazMat Certificate or the same materials in differing quantities provided (i) such materials are intended to be used in Tenant's operations at the Premises, (ii) are in limited quantities, (iii) comply with the other provisions of this Section 26, (iv) do not present a materially increased risk of material harm to persons or property if such additional Hazardous Materials are not properly used which is substantially different in kind or scope from the risks associated with materials then listed on the HazMat Certificate and (v) are properly labeled, handled, used, stored, and (C) expressly approved by Landlord disposed of in writingaccordance with applicable law. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any underground tanks, or any tanks under, with a capacity in excess of 60 gallons (except for one tank with a capacity not in excess of 270 gallons) on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretiondiscretion with respect to underground tanks and in Landlord's reasonable discretion with respect to above-ground tanks. For tanks outside of Building 2, without Landlord's consent (which may be withheld in Landlord's sole discretion),only so-called double-wall, spill containing tanks may be so installed. Notwithstanding the foregoing, if applicable legal and regulatory wastewater disposal requirements necessitate the placement of an equalization tank on the Premises such tank may be installed below grade (but not underground) without Landlord's consent provided it is installed and maintained in compliance with all applicable legal requirements. If required in connection with financings, sales, equity investments in the owner of Building 2 or upon reasonable grounds (as documented by a written opinion from a licensed site professional reasonably acceptable to the parties and addressed to Tenant and Landlord), Landlord shall have the right at all times during the Lease Term to (i) inspect the PremisesPremises upon reasonable advanced notice, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 26 or to determine if Hazardous Materials are present in, on or about the ProjectRiverTech Park, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common AreasAreas by Tenant or Tenant's Representatives other than common materials typically found in office premises (i.e., cleaning materials, copier supplies and similar materials in nominal quantities). All of such activities shall be undertaken by Landlord and its consultants in a manner that will reasonably minimize interference with and disruptions of Tenant's use of the Premises and, except in the case of emergencies, Landlord shall not compromise Tenant's activities or the atmosphere within so-called "clean rooms". Landlord and the consultants undertaking such activities shall not disclose any information regarding Tenant's business activities on and use of the Premises, all of which information constitutes trade secrets and is and shall be kept confidential except that such consultants may disclose such information as is required by the standard of care and performance standards applicable to reports prepared by licensed site professionals pursuant to the Massachusetts Contingency Plan. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if it is reasonably determined that Tenant or any of employee, agent, supplier, vendor, director, officer, invitee, licensee, subtenant, assignee or other party claiming by, through or under Tenant (collectively, "Tenant’s Representatives 's Representatives") are directly or indirectly responsible for any contamination or non-compliance with law revealed by such Inspectionsinspections, tests and investigations, otherwise Landlord shall bear all such costs. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Tenant's Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Mykrolis Corp)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to may use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events provided that such usage and storage must at all times be is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, guidelines permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future that are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that shall not install any changes to underground tanks anywhere on the type and/or quantities of Hazardous Materials specified in Property. Tenant may not install any above-ground tanks, either inside or outside the most recent HazMat Certificate may be implemented only with the prior Premises, without Landlord’s express written consent of Landlordconsent, which consent may Landlord shall not unreasonably withhold, provided that: (a) Tenant shall install, use, maintain, repair, replace, and remove all such tanks in accordance with all applicable Laws, at Tenant’s sole cost and risk; (b) with respect to any above-ground tanks outside the Premises, Landlord shall be given entitled to approve the location and require Tenant to install fences, visual screening, containment berms, landscaping, and other safety features or withheld protections in Landlord’s sole discretion; and (c) Landlord may disapprove any tank outside the Premises if Landlord determines, in its sole discretion, that the proposed tank will materially adversely affect another tenant’s use or enjoyment of its Premises or the Property, the use or enjoyment of any common areas, Landlord’s operation of the Property or any potential alterations to the Property, or otherwise materially adversely affects the value of the Property. Tenant shall not be entitled nor permitted at all times remain the owner of and responsible party with respect to install any all tanks under, on it installs or about uses in the Premises for or anywhere else on the Property, and Tenant shall remove all such tanks before the Term expires at its sole cost, including repairing all damage and remediating any contamination that occurs as a result of such removals. Landlord hereby consents to the above-ground storage of Hazardous Materials without tanks inside and outside the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretionPremises on the Lease Date that are listed on the Exhibit E to this Lease. Landlord shall have the right at all times during the Term to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials are present in, on or about the Project26, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion the Premises, the Common Area and/or the parking lots (to the extent the Common Area and/or the parking lots are not considered part of the Premises and/or the Common AreasPremises). The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, Tenant if Tenant Landlord reasonably believes they are necessary and they reveal a release or any discharge of Hazardous Materials that is Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspectionsresponsibility under this Lease. The aforementioned Landlord’s rights granted herein to Landlord and its representatives under this Section 26.2 shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ the activities of any Tenant Party with respect to Hazardous Materials, including without limitation, Tenantany Tenant Party’s operation, use and any remediation related theretoto Hazardous Materials, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (WuXi PharmaTech (Cayman) Inc.)

Prohibition; Environmental Laws. Subject to the remaining ------------------------------- provisions of this Section, Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or and store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) ordinary office supplies and cleaning products and other Hazardous Materials to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any material changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate certificate may be implemented only with the prior written consent of Landlord, Land which consent may shall not be given or withheld in Landlord’s sole discretionunreasonably withheld. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the ProjectSection, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all Premises; provided that such inspections, inspections and tests and investigations (collectivelyshall not unreasonably interfere with Tenant's operations at the Premises. If any such inspection, “Inspections”) shall be borne test or investigation reveals a material violation by Tenant, if Tenant or any Tenant's Agents of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform InspectionsEnvironmental Laws, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewithpay the cost of such inspection, test or investigation.

Appears in 1 contract

Samples: Lease Agreement (Entrust Technologies Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent theretothereto other than Hazardous Materials used for customary janitorial purposes and customarily used in offices (such as liquid paper, copy fluids, cleaning liquids and toner) in amounts reasonably necessary for Tenant’s permitted use of the Premises (“Permitted Hazardous Materials”) in accordance with applicable laws. If Landlord, in its sole discretion, consents to any such usage or storagestorage of other than Permitted Hazardous Materials, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate (other than Permitted Hazardous Materials) may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole but reasonable discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term Term, during reasonable business hours and upon reasonable prior notice except in the case of an emergency (in which case no notice shall be required) to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials (other than Permitted Hazardous Materials) are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous MaterialsMaterials at the Project, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Proofpoint Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing. Notwithstanding the foregoing, if Tenant merely requests slight modifications in the amounts of previously approved Hazardous Materials utilized at the Premises, or Tenant requests immaterial variations of the types of Hazardous Materials previously approved by Landlord, then Landlord’s consent to such changes shall not be unreasonably withheld. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Gsi Group Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. However, Landlord consents to the presence of those Hazardous Materials in Exhibit G, subject to the terms and condition of this Lease. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole 's reasonable discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Pri Automation Inc)

Prohibition; Environmental Laws. Tenant Developer shall not be entitled generate, manufacture, store, handle, transport to use or store from, use, dispose of, or ship to or from, any Hazardous Materials Material on, in, under or about any portion of the Premises Project Site or Project the surrounding property, including, without limitation, Remediation of the Known Environmental Condition or any Newly Discovered Environmental Condition (any such activity being referred to herein as “HazMat Use”) without, in each instance, obtaining Landlord’s all prior written consent theretoconsents thereto from all applicable Governmental Authorities with jurisdiction, and complying with all Environmental Laws, including but not limited to all training, testing, containment, safety practices and protocols, labeling, recordkeeping, storage, handling, transportation and permitting requirements and best practices. If Landlord, in its sole discretion, consents to there is any such usage or storageHazMat Use at the Project Site, then Tenant shall be permitted to use and/or store Developer and the Developer Representatives may only those Hazardous Materials and engage in such quantities HazMat Use, and only in such permitted quantities, (Aa) that are necessary for Tenant’s businessCompletion of the Project Improvements in such Phase E, (Bb) expressly disclosed to (itemized and quantified) and approved by County in writing (which approval shall become part of the Project Documentation), and (c) only to the extent disclosed in the most recent that such HazMat CertificateUse fully and completely complies with all Environmental Laws and other such Applicable Laws at all times, and (C) expressly approved by Landlord in writingDeveloper shall be solely responsible and liable for such compliance. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the “Environmental Laws”). Tenant agrees that any Any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate Use from previously-approved Project Documentation may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretionCounty. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord County shall have the right (but not the obligation) at all times during the Term performance of any Phase E to (ia) inspect the Premisesapplicable Project Site (provided such tests and investigations do not interfere with Developer's or any Contractor' or Subcontractor's performance of the Work), (iib) conduct tests and investigations to determine whether Tenant is Developer or any of the Developer Representatives are in compliance with this Section 27 or to determine if Hazardous Materials are may be present in, on or about the ProjectPremises (provided such tests and investigations do not interfere with Developer's or any Contractor' or Subcontractor's performance of the Work), and (iiic) request lists of all Hazardous Materials usedHazMat Use in, stored or otherwise located on, under or about any portion of the Premises and/or the Common AreasProject Site. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by TenantCounty, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination unless the HazMat Use revealed by any such InspectionsInspection is in violation of Developer's obligations under this Agreement (a "Non- Conforming HazMat Use"), in which case Developer shall reimburse County for all costs third party incurred by County for Inspections relating to such Non-Conforming HazMat Use (or such reimbursement amounts may be deducted from the next payments due to Developer hereunder). The aforementioned rights granted herein to Landlord County and its representatives shall not create (a1) a duty on LandlordCounty’s part to perform Inspections, monitor or otherwise observe the Premises Site or Tenant’s and Tenant’s Representatives’ any Project Site, monitor or observe Developer or any of the Developer Representatives or their respective activities with respect to Hazardous Materialsor HazMat Use, including without limitation, TenantDeveloper’s operation, use and operation or any remediation related thereto, or (b2) liability on the part of Landlord County and its representatives County Representatives for Tenant’s use, storage, disposal or remediation of any Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewithHazMat Use or any Release (as defined below).

Appears in 1 contract

Samples: Master Development Agreement

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project withoutPremises, except as set forth in each instance, obtaining Landlord’s prior written consent theretothis Section 25.3. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) to the extent business and that are disclosed in the most recent previous HazMat Certificate. In addition, Tenant shall have the right to use and/or store Hazardous Materials not included in the previous HazMat Certificate and necessary for Tenant’s business, provided that all such use and/or storage shall be disclosed as required to all applicable governmental agencies (including the City of Fremont Fire Department), and shall be subject to the provisions of this Lease (C“New Hazardous Materials”). New Hazardous Materials shall be disclosed to Landlord by adding them to the then current Hazmat Certificate within thirty (30) expressly approved days after Tenant first brings the New Hazardous Material to the Premises, and if a New Hazardous Material creates a significantly greater risk of environmental contamination to the Premises, Landlord shall the right to disapprove the New Hazardous Material in its reasonable discretion. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be entitled to use radioactive materials at the Premises without prior notice to the Landlord and demonstration by Tenant to Landlord that all required permits for use and storage of such radioactive materials have been secured by Tenant and that the radioactive materials do not create a significantly greater risk of environmental contamination to the Premises. Radioactive materials used in writingcommonly available devices such as smoke detectors are excluded from this provision. In all events such the usage and storage of all Hazardous Materials must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that any the changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with as disclosed to all applicable governmental agencies (including the prior written consent City of Fremont Fire Department) and Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any underground tanks. Tenant may use above ground tanks under, on or about at the Premises for the storage of that contain Hazardous Materials provided that (a) no individual tank holds in excess of two hundred fifty (250) gallons (excluding the liquid nitrogen tank located at the Premises on the date of this Lease), (b) all above ground tanks do not hold more than five hundred (500) gallons in the aggregate without obtaining Landlord’s approval and (c) all above ground tanks are maintained in accordance with Environmental Laws. Landlord shall have the express written consent of Landlordright, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right , at all times during the Term of this Lease during Tenant’s normal business hours with reasonable notice to Tenant and in compliance with Tenant’s standard operating procedures for accessing different areas of the Premises, to (i) inspect the PremisesPremises with respect to Hazardous Materials, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 25 or to determine if Hazardous Materials are present in, on or about the ProjectPremises, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises Premises, and (iv) if Landlord has a reasonable basis to believe that Tenant is in violation of this Lease with respect to Tenant’s use and/or storage of Hazardous Materials and that such violation has or could cause a significant risk of environmental contamination to the Common AreasPremises, to require Tenant to complete a survey of its use, storage and handling of Hazardous Materials in the Premises, using a form and following procedures designated by Landlord, in Landlord’s sole discretion (the “Survey”). The If the Survey discloses that Tenant has violated the terms of this Lease, Tenant shall reimburse Landlord for the cost of all such inspections, tests and investigations investigations, and all costs associated with any Survey. If as a result of an inspection, test or Survey Landlord determines, in Landlord’s sole discretion, that Tenant has violated the terms of this Lease and that, to comply with this Lease, Tenant should implement or perform safety, security or compliance measures, Tenant shall within thirty (collectively30) days after written request by Landlord perform such measures, “Inspections”) shall be borne by Tenant, if Tenant or any of at Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspectionssole cost and expense. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Tenant Parties with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related relating thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Assignment Agreement (Intuity Medical, Inc.)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole reasonable discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s 's business, (B) to the extent disclosed in the most recent HazMat Certificate, and (C) expressly approved by Landlord in writing, such approval not to be unreasonably withheld. Notwithstanding the foregoing, Tenant may, without Landlord’s prior consent, but upon written notice to Landlord and in compliance with all Environmental Laws (as defined below), use any customary materials (which may include Hazardous Materials) reasonably required to be used by Tenant in the normal course of the permitted uses specified in the Basic Lease Information, so long as such use is not a Reportable Use (as defined below) and does not, in Landlord’s good faith and reasonable business judgment, expose the Premises, the 1717 Fox Building, the 1001 Ridder Building or the Project, or any part thereof, or neighboring properties to any risk of contamination or damage or, in Landlord’s good faith and reasonable business judgment, expose Landlord to the possibility of any liability therefor. “Reportable Use” shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of Hazardous Materials that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and (iii) the presence in, on or about the Premises of Hazardous Materials with respect to which the Environmental Laws require that a notice be given to persons entering or occupying the Premises (except for customary and typical Proposition 65 notices) or neighboring properties. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may shall not be given or withheld in Landlord’s sole discretionunreasonably withheld. Tenant shall not be entitled nor permitted to install any tanks under, on or about in the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion's reasonable discretion (provided that in no event shall Tenant be permitted to install any underground storage tanks). Landlord shall have the right at all times during the Term to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, "Inspections") shall be borne by Tenant, if Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s 's and Tenant’s 's Representatives' activities with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Spansion Inc.)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent theretothereto Notwithstanding anything to the contrary contained in this Lease, landlord hereby consents to the use by Tenant of ordinary office and cleaning products in amounts customary for Tenant's permitted use of the Premises. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease, upon reasonable prior notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord finds a violation of Environmental Law by Tenant or Tenant's representatives, or existence or use by Tenant or Tenant's representative of any of Hazardous Materials not included on Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections's Hazardous Materials Disclosure Certificate. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the ProjectPremises, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Representatives with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. The provisions of this Section shall not preclude (I) maintenance by Tenant of the existing generator and diesel storage tank on the Premises or (II) replacement of such tank with a larger tank; provided however that Tenant shall obtain Landlord’s prior approval of any such replacement, and all maintenance or replacement activities shall be performed in full compliance with all applicable laws, statutes, regulations and similar ordinances and directives.

Appears in 1 contract

Samples: Lease Agreement (Vnus Medical Technologies Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises and the Building, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate and as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions' decision, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditionscondition, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of the Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common AreasPremises. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Jabil Circuit Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion the Premises, the Common Areas and/or the parking lots (to the extent the Common Areas and/or the parking lots are not considered part of the Premises and/or the Common AreasPremises). The cost costs of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord in its reasonable ----------------- discretion, determines that Tenant or any of Tenant’s Representatives 's representatives are directly or indirectly ------------------------------------------------------------------------- responsible for any contamination revealed by such Inspectionsinspections, tests and ------------------------------------------------------------------------- investigations. The aforementioned rights granted herein to Landlord and its -------------- representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Prohibition; Environmental Laws. Except for normal cleaning supplies and the materials set forth in the Initial HazMat Certificate, Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then-applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws”)") and in compliance with the recommendations of Landlord's consultants. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right right, in Landlord's sole discretion, at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas, and (iv) to require Tenant to complete a survey of its use, storage and handling of Hazardous Materials in the Premises, using a form and following procedures reasonably designated by Landlord (the "Survey"). The Tenant shall reimburse Landlord for the cost of all such inspections, tests and investigations (collectivelyinvestigations, “Inspections”) shall be borne by Tenant, and all costs associated with any Survey if Tenant or any of Tenant’s Representatives are directly or indirectly is responsible for any contamination revealed by such InspectionsSurvey. If as a result of an inspection, test or Survey Landlord determines, in Landlord's reasonable discretion, that Tenant should implement or perform safety, security or compliance measures, Tenant shall within thirty (30) days after written request by Landlord perform such measures, at Tenant's sole cost and expense. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities Tenant Parties with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related relating thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Standard Lease (Ambarella Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or nor store any Hazardous Materials on, in, or about the Premises, the Building, the Lot and the Park, or any portion of the Premises or Project foregoing, without, in each instance, obtaining Landlord’s 's prior written consent theretothereto except for normal amounts of office supplies and cleaning solvents. If Landlord, in its sole discretion, Landlord consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. In all events , provided that such usage and storage must at all times be is only to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord and provided further that such usage and storage is in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project29, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne solely by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its andits representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Abaxis Inc)

Prohibition; Environmental Laws. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the “Environmental Laws”). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. Landlord shall have the right at all times during right, upon advance notice to Tenant of twenty four (24) hours (except in the Term event of an emergency, in which event no notice shall be required) to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Tenant or any of Tenant’s Representatives are directly or indirectly responsible for any contamination revealed by such Inspections. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to perform Inspections, monitor or otherwise observe the Premises or Tenant’s and Tenant’s Representatives’ activities with respect to Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.and

Appears in 1 contract

Samples: Lease Agreement (Alphasmart Inc)

Prohibition; Environmental Laws. Except for those Hazardous Materials of the type and in the quantities specified in the Initial HazMat Certificate and in the HMMP (defined below), Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises or and the Project without, in each instance, obtaining Landlord’s 's prior written consent thereto. If Landlord, in its sole discretion, consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials and in such quantities (A) that are necessary for Tenant’s business, (B) 's business and to the extent disclosed in the most recent HazMat Certificate, Certificate and (C) as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then applicable HazMat Certificate as expressly approved by Landlord. In all events such usage and storage must at all times be in full compliance with any and all applicable local, state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts' decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any portion of the Premises (collectively, the "Environmental Laws"). Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole discretion. Except for the double contained, leakage monitored above-ground tank specified in the HMMP, Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole discretion. Such above-ground tank in which diesel fuel is stored, used and/or distributed therefrom shall be sealed in a leak-proof, double contained tank using the best available technology at the time of installation. Landlord shall have the right at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 27 or to determine if Hazardous Materials are present in, on or about the Project, and (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any portion of the Premises and/or the Common Areas. The cost of all such inspections, tests and investigations (collectively, “Inspections”) shall be borne by Tenant, if Landlord reasonably determines that Tenant or any of Tenant’s 's Representatives are directly or indirectly responsible in any manner for any contamination revealed by such Inspectionsinspections, tests and investigations. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s 's part to perform Inspectionsinspect, test, investigate, monitor or otherwise observe the Premises or Tenant’s the activities of Tenant and Tenant’s Representatives’ activities 's Representatives with respect to Hazardous Materials, including without limitation, Tenant’s 's operation, use and any remediation related thereto, or (b) liability on the part of Landlord and its representatives for Tenant’s 's use, storage, storage or release of Hazardous Materials or the disposal or remediation of Hazardous Materialsthereof, it being understood that Tenant shall be solely responsible for all liability in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant and Tenant's Representatives shall not conduct any diesel or gas filling operations in, on, at or about the Premises it being Tenant's intention to solely use said diesel for emergency generator situations only provided Tenant may activate the generator for commercially reasonable testing purposes. In addition to the foregoing, Tenant and Tenant's Representatives shall limit the types and amounts of Hazardous Materials to be stored at the Premises to the types and quantities specified in the Initial HazMat Certificate attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

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