Common use of Prohibition of Storage Clause in Contracts

Prohibition of Storage. As used herein, "Hazardous Materials Laws" means all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, infectious waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials"). Tenant shall, at its own expense, at all times and in all respects: (i) comply with all Hazardous Materials Laws regarding Hazardous Materials introduced in or about the Building by or at the direction of Tenant or in connection with Tenant's use of the Premises ("Tenant's Hazardous Materials"); and (ii) procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Tenant's Hazardous Materials within, on, under or about the Building in conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials. Landlord recognizes and agrees that Tenant may use Tenant's Hazardous Materials in normal quantities that are applicable to general office use and that such use by Tenant shall not be deemed a violation of this Section, so long as the levels are not in violation of any Hazardous Materials Laws. Upon termination or expiration of the Lease, Tenant shall, at its own expense, cause all of Tenant s Hazardous Materials to be removed from the Premises and Building Common Area and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business as described in this Lease. Tenant may operate its business according to the custom of the industry so long as the use or presence of Tenant's Hazardous Materials is strictly and properly monitored according to all applicable governmental requirements. Notwithstanding anything herein to the contrary, Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord which Landlord shall be entitled to withhold in its sole and arbitrary discretion. Tenant shall indemnify, protect, defend (by counsel reasonably acceptable to Landlord), and hold Landlord free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and expenses (including attorneys' fees) or death of or injury to any person or damage to any property whatsoever, including, without limitation, the Building common area, arising from or caused in whole or in part, directly or indirectly, by the presence in or about the Building of any of Tenant's Hazardous Materials or by Tenant's failure to comply with any Hazardous Materials Law regarding Tenant's Hazardous Materials or in connection with any removal, remediation, clean up, restoration and materials required hereunder to return the Premises and any other property of whatever nature to their condition existing prior to the appearance of Tenant's Hazardous Materials. The foregoing indemnity shall also include any consultant, laboratory and expert fees incurred by Landlord and diminution in the value of the Premises (or the Building in which same is located), damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises and damages arising from any adverse impact on marketing of space.

Prohibition of Storage. As used herein, "Tenant shall not cause or permit any Hazardous Materials Laws" means all federal(as hereinafter defined) to be brought upon, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to industrial hygiene, environmental protection kept or the use, analysis, generation, manufacture, storage, disposal or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, infectious waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials"). Tenant shall, at its own expense, at all times and in all respects: (i) comply with all Hazardous Materials Laws regarding Hazardous Materials introduced used in or about the Building Premises by Tenant, its agents, employees, contractors or invitees in a manner or for a purpose prohibited by or at which could result in liability under any applicable law, regulation, rule or ordinance. Tenant shall comply with all affirmative legal requirements concerning Hazardous Materials. If Tenant breaches the direction obligation stated in the preceding sentences, or if the presence of Hazardous Materials on the Premises caused or permitted by Tenant (including Hazardous Materials specifically permitted and identified below) results in a release of a hazardous substances or in connection with Tenant's use Hazardous Materials, a discharge of a pollutant or contaminant or any other contamination of the Premises ("Tenant's Hazardous Materials"); and (ii) procureresulting in a potential violation of or incurrence of liability under any law, maintain in effect and comply with all conditions regulation, rule or ordinance, or if contamination of any and all permits, licenses and other governmental and regulatory approvals relating to Tenant's the Premises by Hazardous Materials withinotherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, on, under or about the Building in conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials. Landlord recognizes and agrees that Tenant may use Tenant's Hazardous Materials in normal quantities that are applicable to general office use and that such use by Tenant shall not be deemed a violation of this Section, so long as the levels are not in violation of any Hazardous Materials Laws. Upon termination or expiration of the Lease, Tenant shall, at its own expense, cause all of Tenant s Hazardous Materials to be removed from the Premises and Building Common Area and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business as described in this Lease. Tenant may operate its business according to the custom of the industry so long as the use or presence of Tenant's Hazardous Materials is strictly and properly monitored according to all applicable governmental requirements. Notwithstanding anything herein to the contrary, Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord which Landlord shall be entitled to withhold in its sole and arbitrary discretion. then Tenant shall indemnify, protect, defend (by counsel reasonably acceptable to Landlord), and hold Landlord free Landlord, its agents and contractors harmless from and against any and all claims, liabilitiesjudgments, damages, penalties, forfeituresfines, costs, liabilities, injunctive actions or orders, or losses and expenses (including attorneys' fees) or death of or injury to any person or damage to any property whatsoever, including, without limitation, the Building common area, arising from or caused in whole or in part, directly or indirectly, by the presence in or about the Building of any of Tenant's Hazardous Materials or by Tenant's failure to comply with any Hazardous Materials Law regarding Tenant's Hazardous Materials or in connection with any removal, remediation, clean up, restoration and materials required hereunder to return the Premises and any other property of whatever nature to their condition existing prior to the appearance of Tenant's Hazardous Materials. The foregoing indemnity shall also include any consultant, laboratory and expert fees incurred by Landlord and limitation diminution in the value of the Premises (or the Building in which same is located)Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises and Premises, damages arising from any adverse impact on marketing of spacespace in the Premises and sums paid in settlement of claims, "response costs" as defined in the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), attorney's fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. With respect to the foregoing, Tenant acknowledges that it is familiar with Section 1542 of the California Civil Code which reads "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor...." and hereby releases Landlord from any unknown claims and waives all rights they may have under Section 1542 of the Civil Code or under any other statute or common law principle of similar effect.

Prohibition of Storage. As used hereinTenant shall, "Hazardous Materials Laws" means at its own expense, at all times and in all respects comply with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders (collectively, "Hazardous Materials Laws"), including, without limitation, any Hazardous Materials Laws relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, infectious waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," ", "hazardous wastes," ", "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials"). Tenant shall, at its own expense, at all times and in all respects: (i) comply with all Hazardous Materials Laws regarding Hazardous Materials introduced in or about the Building by or at the direction of Tenant or in connection with Tenant's use of the Premises ("Tenant's Hazardous Materials"); and (ii) procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals approvals, relating to Tenant's the presence of Hazardous Materials within, on, under or about the Building Premises by, through or under Tenant and required for Tenant's use of any Hazardous Materials in or about the Premises, in conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials. Landlord recognizes and agrees that Tenant may use Tenant's Hazardous Materials in normal quantities that are applicable to general office use and that such use by Tenant shall not be deemed a violation of this Section, Section so long as the levels are not in violation of any Hazardous Materials Laws. Upon termination or expiration of the this Lease, Tenant shall, at its own expense, cause all of Tenant s Hazardous Materials placed in or about the Premises by Tenant or at Tenant's direction to be removed from the Premises and Building Common Area the Building's common areas and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business as described in this Lease. Tenant may operate its business according to the custom of the industry so long as the use or presence of Tenant's Hazardous Materials is strictly and properly monitored according to all applicable governmental requirements. Notwithstanding anything herein to the contrary, Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord which Landlord shall be entitled to withhold in its sole and arbitrary discretion. Tenant shall indemnify, protect, defend (by counsel reasonably acceptable to Landlord), and hold Landlord and Landlord's employees, agents, invitees, licensees and contractors free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses losses, costs and expenses (including attorneys' fees) or death of or injury to any person or damage to any property whatsoever, including, without limitation, the Building Building's common areaareas, arising from or caused in whole or in part, directly or indirectly, by (i) the presence in or about the Building Premises of any of Tenant's Hazardous Materials by, through or by under Tenant, (ii) Tenant's failure to comply with any Hazardous Materials Law regarding Tenant's Hazardous Materials Laws, or in connection with (iii) any removal, remediation, clean up, restoration and materials required hereunder to return the Premises and any other property of whatever nature to their the condition existing which existed prior to the appearance presence of Tenant's the Hazardous Materials. The foregoing indemnity shall also include Landlord hereby confirms and agrees that Tenant's liability under this Section 40 is for violations of Hazardoxx Xxxerials Laws by, through or under Tenant, and that Tenant has no liability for any consultant, laboratory and expert fees incurred preexisting violations of Hazardous Materials Laws or for any violations by Landlord and diminution or any third party (provided that such third party was not acting at the direction of Tenant in connection with the value of the Premises (or the Building in which same is locatedactivities giving rise to such violation.), damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises and damages arising from any adverse impact on marketing of space.