Common use of Removal of Hazardous Materials Clause in Contracts

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.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)

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Removal of Hazardous Materials. Tenant, at its sole cost and expense, shall remove all Hazardous Materials (except for Hazardous Materials contained in products used by Tenant in de minimis quantities for ordinary cleaning and office purposes or contained in any generator, battery or similar device used by Tenant to provide auxiliary or emergency power to the Premises) 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 Lxxxxxxx Xxxxxxxx or, in the absence of a specific request by Landlord, before Txxxxx’s Xxxxxx'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 Xxxxxx'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 's cost. Tenant shall pay all costs incurred by Lxxxxxxx Landlord in performing such work within thirty (30) days after Lxxxxxxx’s Xxxxxxxx's request therefor. Such work performed by Lxxxxxxx Xxxxxxxx is on behalf of Tenant and Txxxxx Xxxxxx remains the owner, generator, operator, transporter, and/or arranger of the Hazardous Materials for purposes of Environmental Requirements. Txxxxx Xxxxxx 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

Samples: Lease Agreement (Orthofix Medical Inc.)

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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 Landlord or, in the absence of a specific request by Landlord, before TxxxxxTenant’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 TxxxxxTenant’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 Landlord in performing such work within thirty (30) days after LxxxxxxxLandlord’s request therefor. Such work performed by Lxxxxxxx Landlord is on behalf of Tenant and Txxxxx Tenant remains the owner, generator, operator, transporter, and/or arranger of the Hazardous Materials for purposes of Environmental Requirements. Txxxxx 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

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

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