Removal of Hazardous Materials. Tenant, at its sole cost and expense, shall remove all Hazardous Materials stored, disposed of or otherwise released by a Tenant Party onto or from the Premises or the Project, in a manner and to a level satisfactory to Landlord in its sole discretion, but in no event to a level and in a manner less than that which complies with all Environmental Requirements and does not limit any future uses of the Premises or the Project or require the recording of any deed restriction or notice regarding the Premises or the Project. Tenant shall perform such work at any time during the period of this Lease upon written request by Landlord or, in the absence of a specific request by Landlord, before Tenant's right to possession of the Premises terminates or expires. If Tenant fails to perform such work within the time period specified by Landlord or before Tenant's right to possession terminates or expires (whichever is earlier), Landlord may at its discretion, and without waiving any other remedy available under this Lease or at law or equity (including an action to compel Tenant to perform such work), perform such work at Tenant's cost. Tenant shall pay all costs incurred by Landlord in performing such work within ten days after Landlord's request therefor. Such work performed by Landlord is on behalf of Tenant and Tenant remains the owner, generator, operator, transporter, and/or arranger of the Hazardous Materials for purposes of Environmental Requirements. Tenant agrees not to enter into any agreement with any person, including any governmental authority, regarding the removal of Hazardous Materials that have been disposed of or otherwise released onto or from the Premises or the Project without the written approval of the Landlord.
Removal of Hazardous Materials. Tenant, at its sole cost and expense, shall remove or remediate all Hazardous Materials generated, stored, treated, disposed of, or otherwise released or permitted to be released by a Tenant Indemnitee onto or from the Facility Premises or the Property after the date of this Lease, in a manner and to a level satisfactory to Landlord in its reasonable discretion, that complies with all applicable Government Requirements, and that does not rely on engineered barriers or vapor mitigation systems except as approved by Landlord. If Xxxxxx fails to perform the work within the time period specified by applicable Government Requirement or before Tenant’s right to possession terminates or expires (whichever is earlier), Landlord may at its discretion, and without waiving any other remedy available under this Lease or at law or in equity (including an action to compel Tenant to perform the work), perform the work at Tenant’s cost. Tenant shall pay all reasonable costs incurred by Landlord in performing the work within thirty (30) days after Xxxxxxxx’s request. All work that Xxxxxxxx performs is on behalf of Tenant, and Xxxxxx remains the owner, generator, operator, transporter, and/or arranger of the Hazardous Materials for purposes of Government Requirements. Xxxxxx agrees to not enter into any agreement with any person, including any governmental authority, regarding the removal of Hazardous Materials that have been disposed of or otherwise released onto or from the Facility Premises or the Property without the written approval of Landlord, which approval shall not be unreasonably withheld or unduly delayed.
Removal of Hazardous Materials. Upon expiration of this Lease or sooner termination of this Lease for any reason, Tenant shall (i) remove all Hazardous Materials and facilities used for the storage or handling of Hazardous Materials from the Premises and restore the affected areas by repairing any damage caused by the installation or removal of the facilities and (ii) take any and all actions necessary to close all Hazardous Materials permits and approvals for the Premises with all government and other regulatory agencies having jurisdiction over the Project. Following such removal, Tenant shall certify in writing to Landlord that all such removal is complete. Until such time as Tenant has fulfilled all the requirements of this Paragraph 17.2 (in addition to any other requirements), Landlord may treat Tenant as a holdover Tenant as provided below; provided, however, that any such continuation of this Lease shall not relieve Tenant of its obligations under this Paragraph 17.2.
Removal of Hazardous Materials. Tenant, at its sole cost and expense, shall remove all Hazardous Materials stored, disposed of or otherwise released by a Tenant Party onto or from the Premises or the Project, in a manner and to a level that complies with all Environmental Requirements and does not limit any future uses of the Premises or the Project or require the recording of any deed restriction or notice regarding the Premises or the Project. Tenant shall perform such work at any time during the period of this Lease upon written request by Lxxxxxxx or, in the absence of a specific request by Landlord, before Txxxxx’s right to possession of the Premises terminates or expires. If Tenant fails to perform such work within the time period reasonably specified by Landlord or before Txxxxx’s right to possession terminates or expires (whichever is earlier), Landlord may at its discretion, and without waiving any other remedy available under this Lease or at law or equity (including an action to compel Tenant to perform such work), perform such work at Tenant’s cost. Tenant shall pay all costs incurred by Lxxxxxxx in performing such work within thirty (30) days after Lxxxxxxx’s request therefor. Such work performed by Lxxxxxxx is on behalf of Tenant and Txxxxx remains the owner, generator, operator, transporter, and/or arranger of the Hazardous Materials for purposes of Environmental Requirements. Txxxxx agrees not to enter into any agreement with any person, including any governmental authority, regarding the removal of Hazardous Materials that have been disposed of or otherwise released onto or from the Premises or the Project without the written approval of the Landlord.
Removal of Hazardous Materials. Contractor shall, subject to the provisions of Section 18.4, be responsible for the proper collection, removal and disposal of any Hazardous Materials furnished, used, applied or stored on or near any Facilities by Contractor or Subcontractors. All costs associated with the handling, transporting and disposing of Hazardous Materials introduced on or near any Facilities by Contractor or its Subcontractors are included in each Project Price.
Removal of Hazardous Materials. PathNet shall expeditiously remove from Incumbent's sites any and all Hazardous Materials, which were brought to Incumbent's sites by PathNet during the term of this Agreement and shall be legally responsible for the safe disposal of any hazardous materials.
Removal of Hazardous Materials. To the extent Developer is liable under Section 9.3 above and in connection with any Hazardous Materials remediation required in connection with the Project, Developer, at its sole cost and expense, shall, with due care, in a safe manner and in accordance with all applicable laws, detain the spread of, ameliorate and remove from the Campus or the Project any Hazardous Materials contamination located on or beneath the Campus or the Project in violation of applicable law and shall monitor or cause to be monitored the levels of Hazardous Materials on, under or derived from the Campus and the Project or in the ground water in accordance with the terms and procedures required by any federal, state or local governmental agency having jurisdiction including, without limitation, any Regional Water Quality Control Board and the Environmental Protection Agency. Further, any and all such remediation shall be according to the following protocol: (1) any such abatement or remediation report, abatement work, and demolition work shall be performed by an LAUSD approved demolition and abatement contractor as applicable; (2) LAUSD’s Facilities Environmental Technical Unit (“FETU”) shall review and approve any such abatement/remediation report in writing prior to the commencement of any abatement, demolition or removal work of the applicable materials or structures; and (3) FETU shall review all such remediation work, and MORCS shall grant FETU access to all reports, records and files as requested by FETU in connection with overseeing such remediation work, access to the Campus and Leased Premises, and shall promptly respond to all inquiries of and request for information from FETU regarding such remediation work.
Removal of Hazardous Materials. Borrower, at its sole cost and expense, agrees to ameliorate and remove from the Leasehold Premises with all due care, any contamination of Hazardous Materials which may be discovered on the Leasehold Premises, in a safe manner, and to a safe degree, in accordance with applicable law, as the same may be changed from time to time and to monitor or cause to be monitored the levels of Hazardous Materials in the ground water in accordance with the terms and procedures as may be required by federal, state, or local governmental agencies having jurisdiction including, but not limited to, any Regional Water Quality Control Board and the Environmental Protection Agency. “Hazardous Material(s)” for purposes of this Section 3.14 shall mean all toxic or hazardous materials, chemicals, wastes or similar substances, including, without limitation, asbestos insulation and/or urea formaldehyde insulation and any other materials or substances deemed to be hazardous substances by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec. 6901, et seq., the Resource Conservation and Recovery Act 42 U.S.C. Section 6901, et seq., or any other applicable federal, state or municipal law, regulation, ordinance or requirement pertaining to Hazardous Materials, all as amended or hereafter amended (collectively “Hazardous Waste Laws”), introduced into the Leasehold Premises by Borrower or any person or entity acting under or through Borrower (including, without limitation, any tenant of the Leasehold Premises). “Petroleum” for purposes of this Section 3.14 shall include, without limitation, crude oil or any fraction thereof which is liquid at standard conditions of temperature or pressure.
Removal of Hazardous Materials. Neither Landlord nor Tenant shall 36 cause or permit Hazardous Materials to be used, transported, stored, released, handled, produced or 37 installed in, on or from, the Demised Premises or the Building. The term "Hazardous Materials" 38 shall, for the purposes hereof, mean any flammable, explosive or radioactive materials; hazardous 39 wastes; hazardous and toxic substances or related materials; mold; asbestos or any material containing 40 asbestos; and any other waste, substance or material regulated under any federal, state or local law, 41 ordinance, rule or regulation covering pollution or protection of the environment or human health and 42 safety, including the Comprehensive Environmental Response Compensation and Liability Act of 43 1980, as amended, the Hazardous Materials Transportation Act, as amended, the Resource 44 Conservation and Recovery Act, as amended, and in the regulations adopted and publications 45 promulgated pursuant to each of the foregoing (collectively, "Environmental Laws"). 1 Notwithstanding the foregoing, the restriction in the first sentence of this Section 34.02 shall not be 2 deemed to be a restriction on materials and supplies typically and lawfully used in connection with 3 the performance of Alterations of the type being undertaken by Tenant as part of Tenant's Work, and
Removal of Hazardous Materials. Those hazardous materials brought onto Sandia-controlled premises by the Contractor which are job related consumables and have not been removed from their original packaging and which have not been purchased by Sandia, shall remain the property of the Contractor and shall be removed from Sandia after completion of the work. Hazardous materials in the original, labeled container are not hazardous waste if the material is usable and the full or partially full container is intact and properly closed. Those scrap items which are not hazardous and which have not become hazardous through co-mingling with hazardous items are owned by the Contractor and shall also be removed.
