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.
Appears in 2 contracts
Samples: Lease Agreement (Airvana Inc), Lease Agreement (Airvana Inc)
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 ProjectPremises, 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 Premises or require the recording of any deed restriction or notice regarding the Premises or the ProjectPremises. 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 Premises without the written approval of the Landlord.
Appears in 1 contract
Samples: Lease Agreement (Luvu Brands, Inc.)
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 in, on, under, about or from the Premises or the ProjectPremises, in a manner and to a level satisfactory to Landlord in its sole commercially reasonable 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 ProjectPremises. 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 ’s right to possession of the Premises terminates or expiresterminates. If Tenant fails to perform such work within the time period specified by Landlord or before Tenant's ’s right to possession terminates or expires (whichever is earlier)terminates, Landlord may at its discretion, but subject to applicable Laws and Environmental Requirements, 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 ’s cost. Tenant shall pay all costs incurred by Landlord in performing such work work, together with interest thereon at the Default Rate from the time of Landlord’s payment, within ten business days after Landlord's ’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, which approval shall not be unreasonably withheld, conditioned or delayed. If the removal work required of Tenant hereunder is not completed by the scheduled expiration of the Term, then, at Landlord’s option, either: (i) the Term shall be extended, and Tenant shall remain obligated to comply with all terms and conditions this Lease, until such work is completed; or (ii) Landlord and Tenant shall enter into a license or similar agreement setting forth the terms and conditions upon which Tenant shall have access to the Premises (or the applicable portion thereof) in order to complete such work.
Appears in 1 contract
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 ProjectPremises, in a manner and to a level satisfactory to Landlord in its sole discretion, but in no event and 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 ProjectPremises. 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 ’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 ’s right to possession terminates would terminate or expires expire but for the last sentence of this subparagraph (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 ’s cost. Tenant shall pay all costs incurred by Landlord in performing such work work, together with interest thereon at the Default Rate from the time of Landlord’s payment, within ten days after Landlord's ’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.
Appears in 1 contract
Removal of Hazardous Materials. Before the scheduled termination of the Lease, Tenant, at its sole cost and expense, shall remove all Hazardous Materials used, stored, disposed of or otherwise released by a Tenant Party onto or from the Premises (except for Hazardous Material existing on the Premises prior to the date hereof and not otherwise present as a result of Tenant’s or a Tenant Party’s entry onto the ProjectPremises prior thereto pursuant to the License Agreement), in a manner and to a level reasonably satisfactory to Landlord in its sole discretionLandlord, 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. If the removal work required of Tenant hereunder is not completed by the scheduled expiration of the Term, then the Term shall be automatically extended, and Tenant shall remain obligated to comply with all terms and conditions this Lease, until such work is completed. Additionally, in the event that Hazardous Materials are released in, on or about the Premises by a Tenant Party during the Term of this Lease or the Project. term of the License Agreement (that is, as opposed to those stored and used or intended for use in Tenant’s operations on the Premises) (collectively “Released Hazardous Material”), Tenant shall perform such work use commercially reasonable efforts to remove the Released Hazardous Material at any time during the period of this Lease upon reasonable written request by Landlord oror if required by a governmental agency, or in the absence of a specific request by LandlordLandlord or governmental agency, before Tenant's ’s right to possession of the Premises terminates or expires. If Tenant fails to perform such work within a reasonable time period or in the time period specified provided by Landlord such applicable governmental agency or before Tenant's ’s right to possession terminates would terminate or expires expire but for the second sentence of this subparagraph (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), provide Tenant with a Failure Notice as provided in Subparagraph 6(c) of this Lease and 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’s cost as provided therein. 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 Released Hazardous Materials that have been disposed of or otherwise released onto or from the Premises or the Project Material without the written approval of the Landlord, which approval shall not be unreasonably withheld.
Appears in 1 contract
Samples: Lease Agreement (Intermolecular Inc)
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 ’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 ’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 (including without limitation Section 19.3) or at law or equity (including but not limited to an action to compel Tenant to perform such work), perform such work at Tenant's ’s cost. Tenant shall pay all costs incurred by Landlord in performing such work within ten days after Landlord's ’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 but not limited to 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.
Appears in 1 contract
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 ProjectPremises, in a manner and to a level satisfactory to Landlord in its sole commercially reasonable 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 ProjectPremises. 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 ’s right to possession of the Premises terminates or expires. If Tenant fails to perform such work within the reasonable time period specified by Landlord or before Tenant's ’s right to possession terminates would terminate or expires expire but for the last sentence of this subparagraph (whichever is earlier), Landlord may at in its reasonable 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 ’s cost. Tenant shall pay all costs incurred by Landlord in performing such work work, together with interest thereon at the Default Rate from the time of Landlord’s payment, within ten (10) days after Landlord's ’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 Lease Agreement (Triple Net) – 0000 Xxxxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx of or otherwise released onto or from the Premises or the Project without the written approval of the Landlord, which shall not be unreasonably withheld, conditioned or delayed. If the removal work required of Tenant hereunder is not completed by the scheduled expiration of the Term, then the Term shall be automatically extended, and Tenant shall remain obligated to comply with all terms and conditions of this Lease, until such work is completed.
Appears in 1 contract
Samples: Lease Agreement (Solyndra, Inc.)
Removal of Hazardous Materials. Except as permitted in Section 27(a), 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 ProjectPremises, 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 ProjectPremises. Tenant shall perform such work at any time during the period of this the 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 30 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. Tenant shall not be required hereunder to remove Hazardous Materials not released onto the Project by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Aviall Inc)