Common use of Removal of Hazardous Materials Clause in Contracts

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. Tenant, at its sole cost and expense, shall remove or remediate all Hazardous Materials generated, stored, treated, disposed of, of or otherwise released by Tenant or permitted to be released by a any Tenant Indemnitee Party onto or from the Facility Premises or the Property after Site (even if not yet required to do so by any governmental authority), such removal to be performed in compliance with all Environmental Requirements and in a manner that does not limit any future uses of the date Premises or the Site. Tenant shall perform such removal at any time during the Lease Term upon written request by Landlord, or in any event, prior to expiration or earlier termination of this Lease. If Tenant fails to perform such removal within the time period requested by Landlord or in any event before expiration or earlier termination of this Lease, in a manner and to a level satisfactory to then Landlord in its reasonable discretionmay, 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)equity, perform the such work at Tenant’s costexpense. Tenant shall pay all reasonable costs incurred by Landlord in performing the such work within thirty ten (3010) days after Xxxxxxxxfollowing Landlord’s requestwritten request therefor. All Any such work that Xxxxxxxx performs is performed by Landlord shall be on behalf of Tenant, and Xxxxxx remains Tenant shall remain at all times the owner, generator, operator, transporter, and/or arranger of the Hazardous Materials for purposes of Government Environmental Requirements. Xxxxxx Tenant agrees to that it shall not enter into any agreement with any person, including any contractor, or governmental authority, authority regarding the removal of Hazardous Materials that have been disposed of or otherwise released onto or from the Facility Premises or the Property Site without the written approval of Landlord, which approval shall not be unreasonably withheld or unduly delayed.

Removal of Hazardous Materials. Tenant, at its sole cost and expense, shall remove or remediate all Hazardous Materials generated, stored, treated, disposed of, of or otherwise released or permitted to be released by a Tenant Indemnitee Party onto or from the Facility Premises or the Property after the date of this LeaseProject, in a manner and to a level satisfactory to Landlord in its reasonable sole discretion, but in no event to a level and in a manner less than that which complies with all applicable Government RequirementsEnvironmental Requirements and does not limit any future uses of the Project or require the recording of any deed restriction or notice regarding the Project. Tenant shall have no liability for, and that does not rely on engineered barriers or vapor mitigation systems except no obligation to remove, any Hazardous Materials located in the Project as approved of the date hereof (collectively, the “Pre-Existing Hazardous Materials”). 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 Xxxxxx Tenant fails to perform the such work within the time period specified by applicable Government Requirement 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 in equity (including an action to compel Tenant to perform the such work), perform the such work at Tenant’s cost. Tenant shall pay all reasonable costs incurred by Landlord in performing the such work within thirty (30) ten days after XxxxxxxxLandlord’s requestrequest therefor. All Such work that Xxxxxxxx performs performed by Landlord is on behalf of Tenant, Tenant and Xxxxxx Tenant remains the owner, generator, operator, transporter, and/or arranger of the Hazardous Materials for purposes of Government Environmental Requirements. Xxxxxx Tenant agrees not 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 Project without the written approval of the Landlord, which approval shall not be unreasonably withheld or unduly delayed.

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 Tenant 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 XxxxxxxxLandlord’s request. All work that Xxxxxxxx Landlord performs is on behalf of Tenant, and Xxxxxx Tenant remains the owner, generator, operator, transporter, and/or arranger of the Hazardous Materials for purposes of Government Requirements. Xxxxxx Tenant 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.