Common use of Removal of Hazardous Materials on Surrender Clause in Contracts

Removal of Hazardous Materials on Surrender. Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost, shall remove all Hazardous Materials from the Project that were present due to the handling, storage, treatment, disposal or use by Tenant or Tenant Parties and, if Landlord reasonably believes that Tenant has used Hazardous Materials in violation of this Lease, Landlord may require Tenant to provide a certificate to Landlord from a registered consultant satisfactory to Landlord certifying that Tenant has caused no contamination of buildings, soil or groundwater in or about the Premises, Building, Outside Areas, or Project. If Tenant fails to so surrender the Project, Tenant shall indemnify and hold Landlord and the other Indemnitees harmless from all Claims arising out of Tenant's failure to surrender the Project as required by this Section 4.12.5, including, without limitation, any claims or damages in connection with the condition of the Project including, without limitation, damages occasioned by the inability to relet all or any portion of the Project or a reduction in the fair market and/or rental value of the Project, Building, Outside Areas, and/or Property by reason of the handling, storage, treatment, disposal or use by Tenant or Tenant Parties of any Hazardous Materials in or around the Premises, Building, Outside Areas, and/or Project. If any action is required to be taken by a governmental authority to test, monitor, and/or clean up Hazardous Materials from the Premises, Building, Outside Areas, and/or Project that were handled, transported, stored, treated, disposed or used by Tenant or any other Tenant Parties and such action is not completed prior to the expiration or earlier termination of the Lease, Tenant shall be deemed to have impermissibly held over until such time as such required action is completed and the terms of Section 15.2 (Holding Over) shall apply. In addition, Landlord shall be entitled to all damages directly or indirectly incurred in connection with such holding over, including, without limitation, damages occasioned by the inability to release the Project or a reduction of the fair market and/or rental value of the Premises, Building, Outside Areas, and/or Project.

Removal of Hazardous Materials on Surrender. Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost, shall remove all Hazardous Materials and Cleaning Supplies from the Project that were present due to the handling, storage, treatment, disposal or use by Tenant or Tenant Parties and, if Landlord reasonably believes that Tenant has used Hazardous Materials in violation of this Lease, Landlord may require Tenant to and shall provide a certificate to Landlord from a registered consultant reasonably satisfactory to Landlord certifying that Tenant has caused no contamination of buildings, soil or groundwater in or about the Premises, Building, Outside Areas, or ProjectProperty in violation of Applicable Laws. If Tenant fails to so surrender the Project, Tenant shall indemnify and hold Landlord and the other Indemnitees harmless from all Claims arising out of Tenant's ’s failure to surrender the Project as required by this Section 4.12.5, including, without limitation, any claims or damages in connection with the condition of the Project including, without limitation, damages occasioned by the inability to relet all or any portion of the Project or a reduction in the fair market and/or rental value of the Project, Building, Outside Areas, and/or Property by reason of the handling, storage, treatment, disposal or use by Tenant or Tenant Parties of any Hazardous Materials in or around the Premises, Building, Outside Areas, and/or ProjectProperty. If any action is required to be taken by a governmental authority to test, monitor, and/or clean up Hazardous Materials from the Premises, Building, Outside Areas, and/or Project Property that were handled, transported, stored, treated, disposed or used by Tenant or any other Tenant Parties and such action is not completed prior to the expiration or earlier termination of the Lease, Tenant shall be deemed to have impermissibly held over until such time as such required action is completed and the terms of Section 15.2 (Holding Over) shall apply. In addition, Landlord shall be entitled to all damages directly or indirectly incurred in connection with such holding over, including, without limitation, damages occasioned by the inability to release the Project or a reduction of the fair market and/or rental value of the Premises, Building, Outside Areas, and/or ProjectProperty.