Specific Covenants Regarding Environmental Matters. 12.1 Tenant covenants that (a) no toxic or hazardous substances, including, without limitation, asbestos and the group of organic compounds known as polychlorinated biphenyls (except such substances as are used in accordance with law) shall be generated, treated, stored or disposed of, or otherwise deposited in or located on, or released on or to the Property, including, without limitation, the surface and the subsurface waters of the Property; (b) Tenant will not engage in and will not permit any other party to engage in any activity on the Property which would cause (i) the Property to become a hazardous waste treatment storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1975 (“RCRA”) 42 U.S.C. 6901, et seq., as amended, or any similar state law or local ordinance or other environmental law, (ii) a release or threatened release of a hazardous substance from or to the Property within the ambit of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. 9601 et seq., as amended, or any similar state law or local ordinance or any other environmental law, or (iii) the discharge (except in accordance with applicable law) of pollutants or effluents into any water source or system, or the discharge (except in accordance with applicable law) into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., or the Clear Air Act, 42 U.S.C. 7401, et seq., or any similar state law or local ordinance or any other environmental law; and (c) Tenant will not permit any substance or conditions in or on the Property which might support a claim or cause of action under RCRA, CERCLA, or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements. The terms “hazardous substance” and “release” shall have the meanings specified in CERCLA, and the terms “solid waste” and “disposal” shall have the meanings specified in RCRA, provided, in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment, provided, further, to the extent that the laws of the State of California establish a meaning for such terms which is broader than that specified in either CERCLA or RCRA, such broader me...
Specific Covenants Regarding Environmental Matters. (a) Concessionaire covenants that as a result of Concessionaire’s activities or the activities of the guests, invitees, users, or sublessees (a) no toxic or hazardous substances, including, without limitation, asbestos and the group of organic compounds known as polychlorinated biphenyls (except such substances as are used in accordance with law), shall be generated, treated, stored or disposed of, or otherwise deposited in or located on, or release on or to the Designated Premises, including, without limitation, the surface and the subsurface waters of the Designated Premises, (b) Concessionaire will not engage in and will not permit any other party under its control to engage in any activity on the Designated Premises which would cause (i) the Designated Premises to become a hazardous waste treatment storage or disposal facility within the meaning of, or otherwise bring the Designated Premises within the ambit of, the Resource Conservation and Recovery Act of 1975 ("RCRA"), 42 U.S.C. § 6901, et seq., as amended, or any similar state law or local ordinance or other environmental law,
Specific Covenants Regarding Environmental Matters. (a) Lessee covenants that (a) no toxic or hazardous substances, including, without limitation, asbestos and the group of organic compounds known as polychlorinated biphenyls (except such substances as are used in accordance with law), shall be generated, treated, stored or disposed of, or otherwise deposited in or located on, or released on or to the Leased Premises, including, without limitation, the surface and the subsurface waters of the Leased Premises, (b) Lessee will not engage in and will not permit any other party to engage in any activity on the Leased Premises which would cause (i) the Leased Premises to become a hazardous waste treatment storage or disposal facility within the meaning of, or otherwise bring the Leased Premises within the ambit of, the Resource Conservation and Recovery Act of 1975 ("RCRA"), 42 U.S.C. § 6901, et seq., as amended, or any similar state law or local ordinance or other environmental law, (ii) a release or threatened release of a hazardous substance from or to the Leased Premises within the ambit of, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601 9657, as amended, or any similar State law or local ordinance or any other environmental law, or (iii) the discharge (except in accordance with applicable law) of pollutants or effluents into any water source or system, or the discharge (except in accordance with applicable law) into the air of any emissions, which would require a permit under the Federal Water Pollution control Act, 33 U.S.C. § 1251, et seq., or the Clean Air Act, 42 U.S.C. §§ 7401, et seq., or any similar state law or local ordinance or any other environmental law, Lessee will not permit any substance or conditions in or on the Leased Premises which might support a claim or causes of action under RCRA, CERCLA, or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, and (d) no other ground storage tank will be located on or under the Leased Premises, except as presently exists or is approved per this Lease. As used herein, the terms "hazardous substance" and "release" shall have the meanings specified in CERCLA, and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in RCRA; provided, in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent t...
