Common use of Spill Act Clause in Contracts

Spill Act. (a) Tenant agrees that it shall, at its sole cost and expense, observe, comply and fulfill all of the terms and provisions of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., as the same may be amended from time to time (the “Act”) and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Act by DEP, any subdivision or bureau thereof or governmental or quasi-governmental agency or body having jurisdiction thereof. (Said Act and all said rules, regulations, ordinances, opinions, orders and directives are hereinafter in this Section 8.03 collectively referred to as the “Spill Act”.) (b) Without limiting the foregoing, the Tenant agrees: (i) that it shall not do, omit to do or suffer the commission or omission of any act which is prohibited by or may result in any liability under the Spill Act including without limitation the discharge of petroleum products or other hazardous substances (as said terms are defined in the Spill Act); and (ii) whenever the Spill Act requires the “owner or operator” to do any act, Tenant shall do such act and fulfill all such obligations at its sole cost and expense, it being the intention of the parties hereto that Landlord shall be free to all expense and obligations arising from or in connection with compliance with the Spill Act, for any incidences arising after Tenant’s occupancy of the Demised Premises. (c) Notwithstanding the foregoing, Tenant shall only have such responsibility with respect to the conduct of its business and its acts and the business and acts of its agents, servants, employees, invitees and independent contractors. Tenant shall have no responsibility or liability to Landlord for compliance under this act with respect to any matter arising out of any condition or matter in, on or affecting the Demised Premises prior to the Commencement Date, whether such matter arises out of any act of Landlord and any prior owner or operator of the Demised Premises or arising otherwise out of any act or omission of Landlord or any other third party unrelated to Tenant or Tenant’s business. (d) Landlord represents and warrants that, as of the commencement date there shall be no toxic or hazardous substances or materials in or on the Demised Premises and there shall be no condition on the premises that constitutes a violation under the Spill Act or requires any remedial action under the Spill Act or any other environmental law, rule or regulation. (e) Tenant agrees that each and every provision of this Section 8.03 shall survive the expiration or earlier termination of the Term of this Lease. The parties hereto expressly agree and acknowledge that the Landlord would not enter into this Lease but for the provisions of this Section 8.03 and the aforesaid survival thereof.

Spill Act. (a) Tenant agrees that it shall, at its sole cost and expense, observe, comply and fulfill all of the terms and provisions of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et et. seq., as the same may be amended from time to time (the “Act”) and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Act by DEP, any subdivision or bureau thereof or governmental or quasi-governmental agency or body having jurisdiction thereof. (Said Act act and all said rules, regulations, ordinances, opinions, orders and directives are hereinafter in this Section 8.03 21.02 collectively referred to as the “"Spill Act”"), in each case to the extent in any way applicable to Tenant (including Tenant's use of the Demised Premises or Real Estate), or Tenant's activities (even if the Act applies to an owner of property).) (b) Without limiting the foregoing, the Tenant agrees: (i) that it shall not do, omit to do or suffer the commission or omission of any act which is prohibited by or may result in any liability under the Spill Act Act, including without limitation the discharge of petroleum products or other hazardous substances (as said terms are defined in the Spill Act); and (ii) whenever the Spill Act requires the “"owner or operator” " to do any act, Tenant shall do such act and fulfill fulfill, all such obligations at its sole cost and expense, it being the intention of the parties hereto that Landlord shall be free to of all expense and obligations arising from or in connection with compliance with the Spill Act, for any incidences arising after Tenant’s occupancy of the Demised Premises. (c) Notwithstanding Without limiting the foregoing, Tenant shall only have such responsibility with respect agrees: (i) at its sole cost and expense, to the conduct of its business promptly discharge and its acts and the business and acts of its agents, servants, employees, invitees and independent contractors. Tenant shall have no responsibility remove any lien or liability to Landlord for compliance under this act with respect to any matter arising out of any condition or matter in, on or affecting encumbrance against the Demised Premises prior to Premises, the Commencement DateBuilding, whether such matter arises out of any act of Landlord and any prior owner or operator of the Demised Premises or arising otherwise out of any act or omission of Landlord Real Estate or any other third party unrelated property owned or controlled, in whole or in part, by Tenant, imposed by Tenant's failure to Tenant or Tenant’s business.comply with the Spill Act; and (dii) to defend, indemnify and hold Landlord represents harmless from and warrants thatagainst any and all liabilities, as penalties, losses, expenses, damages, costs, claims, causes of action, judgments, suits and/or the commencement date there shall like, of whatever nature, (including but not limited to attorneys' fees and other expenses of litigation or preparation therefor) which may at any time be no toxic imposed on, incurred by or hazardous substances asserted against any Indemnified Party and which in any way relate to or materials arise from or in connection with Tenant's failure or on the Demised Premises and there shall be no condition on the premises that constitutes a violation under inability, for any reason whatsoever, to observe or comply with the Spill Act or requires any remedial action under the Spill Act or any other environmental law, rule or regulation. (e) Tenant agrees that each and every provision of this Section 8.03 shall survive the expiration or earlier termination of the Term of this Lease. The parties hereto expressly agree and acknowledge that the Landlord would not enter into this Lease but for and/or the provisions of this Section 8.03 and the aforesaid survival thereof21.02.

Spill Act. (a) Tenant agrees that it shall, at its sole cost and expense, observe, comply and fulfill all of the terms and provisions of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et 58:10‑23.11 et. seq., as the same may be amended from time to time (the “Act”) and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Act by DEP, any subdivision or bureau thereof or governmental or quasi-governmental quasi‑governmental agency or body having jurisdiction thereof. (Said Act act and all said rules, regulations, ordinances, opinions, orders and directives are hereinafter in this Section 8.03 21.02 collectively referred to as the “"Spill Act”").) (b) Without limiting the foregoing, the Tenant agrees: (i) that it shall not do, omit to do or suffer the commission or omission of any act which is prohibited by or may result in any liability under the Spill Act Act, including without limitation the discharge of petroleum products or other hazardous substances (as said terms are defined in the Spill Act); and (ii) whenever the Spill Act requires the “"owner or operator” " to do any act, Tenant shall do such act and fulfill fulfill, all such obligations at its sole cost and expense, it being the intention of the parties hereto that Landlord shall be free to of all expense and obligations arising from or in connection with compliance with the Spill Act, for any incidences arising after Tenant’s occupancy of the Demised Premises. (c) Notwithstanding Without limiting the foregoing, Tenant shall only have such responsibility with respect agrees: (i) at its sole cost and expense, to the conduct of its business promptly discharge and its acts and the business and acts of its agents, servants, employees, invitees and independent contractors. Tenant shall have no responsibility remove any lien or liability to Landlord for compliance under this act with respect to any matter arising out of any condition or matter in, on or affecting encumbrance against the Demised Premises prior to Premises, the Commencement DateBuilding, whether such matter arises out of any act of Landlord and any prior owner or operator of the Demised Premises or arising otherwise out of any act or omission of Landlord Real Estate or any other third party unrelated property owned or controlled, in whole or in part, by Tenant, imposed by Tenant's failure to Tenant or Tenant’s business.comply with the Spill Act; and (dii) to defend, indemnify and hold Landlord represents harmless from and warrants thatagainst any and all liabilities, as penalties, losses, expenses, damages, costs, claims, causes of action, judgments, suits and/or the commencement date there shall like, of whatever nature, (including but not limited to attorneys' fees and other expenses of litigation or preparation therefor) which may at any time be no toxic imposed on, incurred by or hazardous substances asserted against any Indemnified Party and which in any way relate to or materials arise from or in connection with Tenant's failure or on the Demised Premises and there shall be no condition on the premises that constitutes a violation under inability, for any reason whatsoever, to observe or comply with the Spill Act or requires any remedial action under the Spill Act or any other environmental law, rule or regulation. (e) Tenant agrees that each and every provision of this Section 8.03 shall survive the expiration or earlier termination of the Term of this Lease. The parties hereto expressly agree and acknowledge that the Landlord would not enter into this Lease but for and/or the provisions of this Section 8.03 and the aforesaid survival thereof21.02.

Spill Act. (a) 8.8.1 Tenant agrees that it shall, at its sole cost and expense, observe, comply and fulfill all of the terms and land provisions of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 23. 11 et seq., as the same may be amended from time to time (the “Act”) time, and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Act by DEP, any subdivision or bureau thereof or governmental or quasi-governmental agency or body having jurisdiction Jurisdiction thereof, to the extent such fulfillment, observance or compliance is required due to the specific nature of Tenant's business or due to Tenant's specific use and/or occupancy of, or any act or omission of Tenant or any Tenant Party in or about, the Premises. (Said Act and all said rules, regulations, ordinances, opinions, orders and directives are hereinafter in this Section 8.03 8.8, collectively referred to as the “Spill Act”"SPILL ACT").) (b) 8.8.2 Without limiting the foregoing, the Tenant agrees: (i) that it shall not do, omit to do or suffer the commission or omission of any act which is prohibited by or may result in any liability under the Spill Act Act, including without limitation the discharge of petroleum products or other hazardous substances (as said terms are defined in the Spill Act); and (ii) whenever the Spill Act requires the “"owner or operator” " to do any act, Tenant shall do such act and fulfill all such obligations with respect to the Premises at its sole cost and expense, it being the intention of the parties hereto that Landlord shall be free to of all expense and obligations arising from or in connection with compliance with the Spill Act, for any incidences arising after Tenant’s occupancy of the Demised Premises. (c) Notwithstanding 8.8.3 Without limiting the foregoing, Tenant shall only have such responsibility with respect agrees: (i) at its sole cost and expense, to promptly discharge and remove any lien or any encumbrance against the conduct of its business and its acts and Premises, the business and acts of its agentsBuilding, servants, employees, invitees and independent contractors. Tenant shall have no responsibility or liability to Landlord for compliance under this act with respect to any matter arising out of any condition or matter in, on or affecting the Demised Premises prior to the Commencement Date, whether such matter arises out of any act of Landlord and any prior owner or operator of the Demised Premises or arising otherwise out of any act or omission of Landlord Land or any other third party unrelated property owned or controlled, in whole or in part, by Landlord, imposed by Tenant's failure to Tenant or Tenant’s business.comply with the Spill Act; and (dii) to defend, indemnify and hold Landlord represents harmless from and warrants thatagainst any and all liability, as penalty, loss, expense, damages, costs, claims, causes of action, judgments and/or the commencement date there shall be no toxic like, of whatever nature, including but not limited to reasonable attorneys' fees and other reasonable expenses of litigation or hazardous substances preparation therefor, to the extent such costs arise from or materials in connection with Tenant's failure or on the Demised Premises and there shall be no condition on the premises that constitutes a violation under inability, for any reason whatsoever, to observe or comply with the Spill Act or requires any remedial action under and/or the Spill Act or any other environmental law, rule or regulationprovisions of this Section 8.8. (e) 8.8.4 Tenant agrees that each and every provision of this Section 8.03 8.8 shall survive the expiration or earlier termination of the Term of this LeaseLease by three (3) years. The parties hereto expressly agree and acknowledge that the Landlord would not enter into this Lease but for the provisions of this Section 8.03 8.8 and the aforesaid survival thereof.

Spill Act. (a) Tenant agrees that it shall, at its sole cost and expense, observe, comply and fulfill all of the terms and provisions of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et et. seq., as the same may be amended from time to time (the “Act”) and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Act by DEP, any subdivision or bureau thereof or governmental or quasi-governmental agency or body having jurisdiction thereof. (Said Act act and all said rules, regulations, ordinances, opinions, orders and directives are hereinafter in this Section 8.03 21.02 collectively referred to as the “Spill Act”).) (b) Without limiting the foregoing, the Tenant agrees: (i) that it shall not do, omit to do or suffer the commission or omission of any act which is prohibited by or may result in any liability under the Spill Act Act, including without limitation the discharge of petroleum products or other hazardous substances (as said terms are defined in the Spill Act); and (ii) whenever the Spill Act requires the “owner or operator” to do any act, Tenant shall do such act and fulfill fulfill, all such obligations at its sole cost and expense, it being the intention of the parties hereto that Landlord shall be free to of all expense and obligations arising from or in connection with compliance with the Spill Act, for any incidences arising after Tenant’s occupancy of the Demised Premises. (c) Notwithstanding Without limiting the foregoing, Tenant shall only have such responsibility with respect agrees: (i) at its sole cost and expense, to the conduct of its business promptly discharge and its acts and the business and acts of its agents, servants, employees, invitees and independent contractors. Tenant shall have no responsibility remove any lien or liability to Landlord for compliance under this act with respect to any matter arising out of any condition or matter in, on or affecting encumbrance against the Demised Premises prior to Premises, the Commencement DateBuilding, whether such matter arises out of any act of Landlord and any prior owner or operator of the Demised Premises or arising otherwise out of any act or omission of Landlord Real Estate or any other third party unrelated to Tenant property owned or controlled, in whole or in part, by Tenant, imposed by Tenant’s business.failure to comply with the Spill Act; and (dii) to defend, indemnify and hold Landlord represents harmless from and warrants thatagainst any and all liabilities, as penalties, losses, expenses, damages, costs, claims, causes of action, judgments, suits and/or the commencement date there shall like, of whatever nature, (including but not limited to attorneys’ fees and other expenses of litigation or preparation therefor) which may at any time be no toxic imposed on, incurred by or hazardous substances asserted against any Indemnified Party and which in any way relate to or materials arise from or in connection with Tenant’s failure or on the Demised Premises and there shall be no condition on the premises that constitutes a violation under inability, for any reason whatsoever, to observe or comply with the Spill Act or requires any remedial action under the Spill Act or any other environmental law, rule or regulation. (e) Tenant agrees that each and every provision of this Section 8.03 shall survive the expiration or earlier termination of the Term of this Lease. The parties hereto expressly agree and acknowledge that the Landlord would not enter into this Lease but for and/or the provisions of this Section 8.03 and the aforesaid survival thereof21.02.

Spill Act. (a) Landlord, to its knowledge, has not violated any provisions of the Spill Act (as hereinafter defined). (b) Tenant agrees that it shall, at its sole cost and expense, observe, comply and fulfill all of the terms and provisions of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et et. seq., as the same may be amended from time to time (the “"Act”") and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Act by DEP, any subdivision or bureau thereof or governmental or quasi-governmental agency or body having jurisdiction thereof. (Said Act and all said rules, regulations, ordinances, opinions, orders and directives are hereinafter in this Section 8.03 6.07 collectively referred to as the “"Spill Act”".) (bc) Without limiting the foregoing, the Tenant agrees: (i) that it shall not do, omit to do or suffer the commission or omission of any act which is prohibited by or may result in any liability under the Spill Act including without limitation the discharge of petroleum products or other hazardous substances (as said terms are defined in the Spill Act); and (ii) whenever the Spill Act requires the “"owner or operator” " to do any act, Tenant shall do such act and fulfill all such obligations at its sole cost and expense, it being the intention of the parties hereto that Landlord shall be free to of all expense and obligations arising from or in connection with compliance with the Spill Act, for any incidences arising after Tenant’s occupancy of the Demised Premises. (c) Notwithstanding the foregoing, Tenant shall only have such responsibility with respect to the conduct of its business and its acts and the business and acts of its agents, servants, employees, invitees and independent contractors. Tenant shall have no responsibility or liability to Landlord for compliance under this act with respect to any matter arising out of any condition or matter in, on or affecting the Demised Premises prior to the Commencement Date, whether such matter arises out of any act of Landlord and any prior owner or operator of the Demised Premises or arising otherwise out of any act or omission of Landlord or any other third party unrelated to Tenant or Tenant’s business. (d) Landlord represents Without limiting the foregoing, Tenant agrees: (i) at its sole cost and warrants thatexpense, as of the commencement date there shall be no toxic to promptly discharge and remove any lien or hazardous substances or materials in or on any encumbrance against the Demised Premises Premises, the Building or the Complex imposed by Tenant's failure to comply with the Spill Act; and (ii) to defend, indemnify and there shall be no condition on hold Landlord harmless from and against any and all liability, penalty, loss, expenses, damages, costs, claims, causes of action, judgments and/or the premises that constitutes a violation under like, of whatever nature, including but not limited to attorneys' fees and other expenses of litigation or preparation therefor, to the extent such costs arise from or in connection with Tenant's failure or inability, for any reason whatsoever, to observe or comply with the Spill Act or requires any remedial action under and/or the Spill Act or any other environmental law, rule or regulationprovisions of this Section 6.07. (e) Tenant agrees that each and every provision of this Section 8.03 6.07 shall survive the expiration or earlier termination of the Term of this the Lease. The parties hereto expressly agree and acknowledge that the Landlord would not enter into this Lease but for the provisions of this Section 8.03 6.07 and the aforesaid survival thereof. (f) Tenant agrees that it shall, at its sole cost and expense, promptly comply with all federal, state and local laws, ordinances, rules, regulations and requirements relating to air, ground and water pollution and protection and/or preservation of the environment.

Spill Act. (a) Tenant agrees that it shall, at its sole cost and expense, observe, comply and fulfill all of the terms and provisions of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seqET. SEQ., as the same may be amended from time to time (the “Act”) and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Act by DEP, any subdivision or bureau thereof or governmental or quasi-governmental agency or body having jurisdiction thereof. (Said Act act and all said rules, regulations, ordinances, opinions, orders and directives are hereinafter in this Section 8.03 21.02 collectively referred to as the “"Spill Act”"), in each case to the extent in any way applicable to Tenant (including Tenant's use of the Demised Premises or Real Estate), or Tenant's activities (even if the Act applies to an owner of property).) (b) Without limiting the foregoing, the Tenant agrees: (i) that it shall not do, omit to do or suffer the commission or omission of any act which is prohibited by or may result in any liability under the Spill Act Act, including without limitation the discharge of petroleum products or other hazardous substances (as said terms are defined in the Spill Act); and (ii) whenever the Spill Act requires the “"owner or operator” " to do any act, Tenant shall do such act and fulfill fulfill, all such obligations at its sole cost and expense, it being the intention of the parties hereto that Landlord shall be free to of all expense and obligations arising from or in connection with compliance with the Spill Act, for any incidences arising after Tenant’s occupancy of the Demised Premises. (c) Notwithstanding Without limiting the foregoing, Tenant shall only have such responsibility with respect agrees: (i) at its sole cost and expense, to the conduct of its business promptly discharge and its acts and the business and acts of its agents, servants, employees, invitees and independent contractors. Tenant shall have no responsibility remove any lien or liability to Landlord for compliance under this act with respect to any matter arising out of any condition or matter in, on or affecting encumbrance against the Demised Premises prior to Premises, the Commencement DateBuilding, whether such matter arises out of any act of Landlord and any prior owner or operator of the Demised Premises or arising otherwise out of any act or omission of Landlord Real Estate or any other third party unrelated property owned or controlled, in whole or in part, by Tenant, imposed by Tenant's failure to Tenant or Tenant’s business.comply with the Spill Act; and (dii) to defend, indemnify and hold Landlord represents harmless from and warrants thatagainst any and all liabilities, as penalties, losses, expenses, damages, costs, claims, causes of action, judgments, suits and/or the commencement date there shall like, of whatever nature, (including but not limited to attorneys' fees and other expenses of litigation or preparation therefor) which may at any time be no toxic imposed on, incurred by or hazardous substances asserted against any Indemnified Party and which in any way relate to or materials arise from or in connection with Tenant's failure or on the Demised Premises and there shall be no condition on the premises that constitutes a violation under inability, for any reason whatsoever, to observe or comply with the Spill Act or requires any remedial action under the Spill Act or any other environmental law, rule or regulation. (e) Tenant agrees that each and every provision of this Section 8.03 shall survive the expiration or earlier termination of the Term of this Lease. The parties hereto expressly agree and acknowledge that the Landlord would not enter into this Lease but for and/or the provisions of this Section 8.03 and the aforesaid survival thereof21.02.