Common use of Reportable Uses Required Consent Clause in Contracts

Reportable Uses Required Consent. In accordance with this Article 12 and as reasonably required by Xxxxxx’s business operations, Xxxxxx hereby agrees that Xxxxxx and Xxxxxx’s officers, employees, representatives, agents, contractors, subcontractors, successors, 60447235.v9 assigns, subtenants, concessionaires, invitees and any other occupants of the Premises (for purposes of this Article 12, referred to collectively herein as “Tenant Parties”) shall not cause or permit any Hazardous Materials to be used, generated, manufactured, refined, produced, processed, stored or disposed of, on, under or about the Premises or Building or transported to or from the Premises or Building without the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delay, but which may be limited in scope and predicated on strict compliance by Tenant with all applicable Hazardous Materials Laws and such other reasonable rules, regulations and safeguards as may be required by Landlord (or any insurance carrier, environmental consultant or lender of Landlord, or environmental consultant retained by any lender of Landlord) in connection with using, generating, manufacturing, refining, producing, processing, storing or disposing of Hazardous Materials on, under or about the Premises or the Building. In connection therewith, Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for the storage or use by Tenant or any of Tenant Parties of Hazardous Materials on the Premises or the Building, including without limitation, discharge of (appropriately treated) materials or wastes into or through any sanitary sewer serving the Premises or the Building. The foregoing notwithstanding, Tenant may use ordinary and customary materials reasonably required to be used in the course of the Permitted Use, ordinary office supplies (copier, toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Hazardous Materials Laws and does not expose the Premises or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor.

Reportable Uses Required Consent. In accordance The term "Hazardous Substances" as used in this Lease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity or existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with this Article 12 and as reasonably required other material expected for use on the Premises, is either: (i) Potential injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by Xxxxxx’s business operationsany governmental authority or (ii) a basis for potential liability for Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substance shall include, Xxxxxx hereby agrees that Xxxxxx and Xxxxxx’s officersbut not be limited to, employeeshydrocarbons, representativespetroleum, agentsgasoline, contractors, subcontractors, successors, 60447235.v9 assigns, subtenants, concessionaires, invitees and crude oil or any other occupants of the Premises (for purposes of this Article 12, referred to collectively herein as “Tenant Parties”) products or by-products thereof. Lessee shall not cause or permit engage in any Hazardous Materials to be used, generated, manufactured, refined, produced, processed, stored or disposed of, on, under activity in or about the Premises or Building or transported to or from the Premises or Building which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delay, but which may be limited Lessor and compliance in scope a timely manner (at Lessee's sole cost and predicated on strict compliance by Tenant expense) with all applicable Hazardous Materials Laws and such other reasonable rulesApplicable Requirements (as defined in Paragraph 6.3). Reportable Use shall mean (i) the installation or use of any below ground storage tank; (ii) the generation, regulations and safeguards as may be required by Landlord (or any insurance carrierpossession, environmental consultant or lender of Landlordstorage, use, transportation, or environmental consultant retained by any lender of Landlord) in connection disposal or Hazardous Substance that requires a permit form, or with using, generating, manufacturing, refining, producing, processing, storing respect to which and Applicable Laws require that a notice be given to persons entering or disposing of Hazardous Materials on, under or about occupying the Premises or neighboring properties. Notwithstanding the Building. In connection therewithforegoing, Tenant shallLessee may without Lessor's prior consent, at its own expense, procure, maintain but upon notice to Lessor and in effect and comply compliance with all conditions of Applicable Requirements, use any and all permits, licenses and other governmental and regulatory approvals required for the storage or use by Tenant or any of Tenant Parties of Hazardous Materials on the Premises or the Building, including without limitation, discharge of (appropriately treated) materials or wastes into or through any sanitary sewer serving the Premises or the Building. The foregoing notwithstanding, Tenant may use ordinary and customary materials reasonably required to be used by Lessee in the normal course of the Permitted Use, ordinary office supplies (copier, toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Hazardous Materials Laws not a Reportable Use and does not expose the Premises or neighboring property properties to any material meaningful risk of contamination or damage or expose Landlord Lessor to any liability therefore. In addition, Lessor may (but without an obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Lessee upon Lessee's giving Lessor such additional assurance as Lessor, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and the environment against damage, contamination or injury and/or liability therefor, including but not limited to the installation (and, at Lessor's option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective medications to the Premises (such as concrete encasements) and/or the deposit of an additional Security Deposit under Paragraph 5 thereof.

Reportable Uses Required Consent. In accordance The term "Hazardous Substance" as used in this Lease shall mean any product, substance, chemical, material, or waste whose presence nature, quantity and or intensity of existence, use, manufacture disposal, transportation, spill, release or effect, either by itself or in combination with this Article 12 and as reasonably required other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment or the Premises; (ii) regulated or monitored by Xxxxxx’s business operationsany governmental authority, Xxxxxx hereby agrees that Xxxxxx and Xxxxxx’s officersor (iii) a basis for liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substance shall include, employeesbut not be limited to, representativeshydrocarbons, agentspetroleum, contractorsgasoline, subcontractors, successors, 60447235.v9 assigns, subtenants, concessionaires, invitees and crude oil or any other occupants of the Premises (for purposes of this Article 12, referred to collectively herein as “Tenant Parties”) products by products or fractions thereof Lessee shall not cause or permit engage in any Hazardous Materials to be usedactivity in, generated, manufactured, refined, produced, processed, stored or disposed of, on, under on or about the Premises or Building or transported to or from the Premises or Building which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delay, but which may be limited Lessor and compliance in scope a timely manner (at Lessees sole cost and predicated on strict compliance by Tenant expense) with all applicable Applicable Law (as defined in Paragraph 6.3). "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation or disposal of a Hazardous Materials Laws and such other reasonable rulesSubstance that requires a permit from or with respect to which a report, regulations and safeguards as may notice registration or business plan is required to be required by Landlord (or filed with any insurance carriergovernmental authority. Reportable Use shall also include Lessee's being responsible for the presence in, environmental consultant or lender of Landlord, or environmental consultant retained by any lender of Landlord) in connection with using, generating, manufacturing, refining, producing, processing, storing or disposing of Hazardous Materials on, under on or about the Premises of a Hazardous Substance with respect to which any Applicable Law requires that a notice be given to persons entering or the Building. In connection therewith, Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for the storage or use by Tenant or any of Tenant Parties of Hazardous Materials on occupying the Premises or neighboring properties. Notwithstanding the Buildingforegoing, including Lessee may, without limitationLessor's prior consent, discharge of (appropriately treated) materials or wastes into or through but in compliance with all Applicable Law, use any sanitary sewer serving the Premises or the Building. The foregoing notwithstanding, Tenant may use ordinary and customary materials reasonably required to be used by Lessee in the normal course of Lessee's business permitted on the Permitted Use, ordinary office supplies (copier, toner, liquid paper, glue, etc.) and common household cleaning materialsPremises, so long as such use is in compliance with all Hazardous Materials Laws not a Reportable Use and does not expose the Premises or neighboring property properties to any material meaningful risk of contamination or damage or expose Landlord Lessor to any liability therefor, in addition, Lessor may (but without any obligation to do so) condition its consent to the use or presence of any Hazardous Substance, activity or storage tank by Lessee upon Lessee's giving Lessor such additional assurances as Lessor, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and the environment against damage, contamination or injury and/or liability therefrom or therefor, including, but not limited to, the installation (and removal on or before Lease expiration or earlier termination) of reasonably necessary protective modification to the Premises (such as concrete encasements) and/or the deposit of and additional Security Deposit under Paragraph 5 hereof.

Reportable Uses Required Consent. In accordance with Except as permitted in this Article 12 and as reasonably required by Xxxxxx’s business operations12, Xxxxxx Tenant hereby agrees that Xxxxxx Tenant and Xxxxxx’s officers, employees, representatives, agents, contractors, subcontractors, successors, 60447235.v9 assigns, subtenants, concessionaires, invitees and any other occupants of the Premises (for purposes of this Article 12, referred to collectively herein as “Tenant Parties”) shall not cause or permit any Hazardous Materials to be used, generated, manufactured, refined, produced, processed, stored or disposed of, on, under or about the Premises or Building Buildings or transported to or from the Premises or Building Buildings without the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delay, but which may be limited in scope and predicated on strict compliance by Tenant with all applicable Hazardous Materials Laws and such other reasonable rules, regulations and safeguards as may be required by Landlord (or any insurance carrier, environmental consultant or lender of Landlord, or environmental consultant retained by any lender of Landlord) in connection with using, generating, manufacturing, refining, producing, processing, storing or disposing of Hazardous Materials on, under or about the Premises or the BuildingBuildings. In connection therewith, Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for the storage or use by Tenant or any of Tenant Parties of Hazardous Materials on the Premises or the BuildingBuildings, including without limitation, discharge of (appropriately treated) materials or wastes into or through any sanitary sewer serving the Premises or the BuildingBuildings. The foregoing notwithstanding, Tenant may use ordinary and customary materials reasonably required to be used in the course of the Permitted Use, ordinary office supplies (copier, toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Hazardous Materials Laws and does not expose the Premises or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor.