Common use of Tenant shall Clause in Contracts

Tenant shall. 11.8.3.1 neither cause nor permit the Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process Hazardous Materials, except in compliance with all Legal Requirements; 11.8.3.2 neither cause nor permit a release or threatened release of Hazardous Materials onto the Premises or any other property as a result of any intentional or unintentional act or omission on the part of Tenant; 11.8.3.3 comply with all applicable Legal Requirements related to Hazardous Materials; 11.8.3.4 conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions on, from, or affecting the Premises in accordance with such applicable Legal Requirements and to the satisfaction of Landlord; 11.8.3.5 allow access to the Premises by Landlord and applicable regulatory authorities so that they may assure compliance with this Section XI.8; 11.8.3.6 upon the expiration or termination of this Lease, deliver the Premises to Landlord free of all Hazardous Materials (other than those Hazardous Materials, if any, existing in the Premises on the Commencement Date); and 11.8.3.7 defend, indemnify, and hold harmless Landlord and Landlord's employees and other agents from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of any kind or nature, known or unknown, contingent or otherwise (including, without limitation, reasonable fees of accountants' and reasonable attorneys' fees (including fees for the services of paralegals and similar persons), consultant fees, investigation and laboratory fees, court costs, and litigation expenses at the trial and all appellate levels), arising out of, or in any way related to (a) the presence, disposal, release, or threatened release, by or caused by Tenant or its agents, of any Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (b) any personal injury, including wrongful death, or damage to property, real or personal, arising out of or related to Hazardous Materials released by Tenant or its agents or employees; (c) any lawsuit brought, threatened, or settled by Legal Authorities or other parties, or order by Legal Authorities, related to Hazardous Materials released by Tenant or its agents or employees; and/or (d) any violation of Legal Requirements related in any way to Hazardous Materials released by Tenant or its agents or employees. For the purposes of this Lease "Hazardous Materials" means any flammable explosives, radioactive materials, oil or petroleum products and their by products, asbestos, polychlorobiphenyls, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials as defined under or regulated by any Legal Requirements, including, without limitation, the following statutes and the regulations promulgated under their authority: (a) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. sections 9601 et seq.); (b) the Hazardous Materials Transportation Act, as amended (49 U.S.C. sections 1801 et seq.); and (c) the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. sections 6901 et seq.). The provisions of this Section XI.8 shall survive the expiration or termination of this Lease. Landlord hereby represents and warrants to Tenant that, to the best of Landlord's knowledge, no hazardous materials, hazardous wastes or asbestos ("Hazardous Materials") exist in or about the Property. Landlord agrees to hold Tenant harmless from and against any costs or damages resulting from the presence or release of Hazardous Materials in or about the Property caused by Landlord or Landlord's employees or agents, with the exception of any encapsulated Hazardous Materials, provided such release is not caused by Tenant, or Tenant's employees or agents. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to indemnify, defend, or hold Landlord harmless for claims originating from the presence of Hazardous Materials which are not placed on the Premises or in the Building by the Tenant, or by Tenant's employees or agents. Tenant's liability for Hazardous materials is limited solely to releases caused by Tenant, or Tenant's employees or agents. Landlord shall abatx, xxcapsulate, or pay the additional costs Tenant incurs in the course of construction due to the presence of Hazardous Materials, provided, however, that in any situation where Tenant claims or may claim such additional costs, Tenant shall first give Landlord early enough written notice of such claim by Tenant so that Landlord may, prior to the commencement of any such work by or for Tenant, at Landlord's option, determine whether to perform and/or have a third party perform such work so as to minimize or eliminate any additional cost to Landlord.

Tenant shall. 11.8.3.1 8.8.3.1 neither cause nor permit the Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process Hazardous Materials, except in compliance with all Legal Requirements; 11.8.3.2 8.8.3.2 neither cause nor permit a release or threatened release of Hazardous Materials onto the Premises or any other property as a result of any intentional or unintentional act or omission on the part of Tenant; 11.8.3.3 8.8.3.3 comply with all applicable Legal Requirements related to Hazardous Materials; 11.8.3.4 8.8.3.4 conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions on, from, or affecting the Premises in accordance with such applicable Legal Requirements and to the satisfaction of Landlord; 11.8.3.5 8.8.3.5 allow access to the Premises by Landlord and applicable regulatory authorities so that they may assure compliance with this Section XI.811.8; 11.8.3.6 8.8.3.6 upon the expiration or termination of this Lease, deliver the Premises to Landlord free of all Hazardous Materials (other than those Hazardous Materials, if any, existing in the Premises on the Commencement Date); and 11.8.3.7 8.8.3.7 defend, indemnify, and hold harmless Landlord and Landlord's employees and other agents from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of any kind or nature, known or unknown, contingent or otherwise (including, without limitation, reasonable fees of accountants' and reasonable attorneys' fees (including fees for the services of paralegals and similar persons), consultant fees, investigation and laboratory fees, court costs, and litigation expenses at the trial and all appellate levels), arising out of, or in any way related to (a) the presence, disposal, release, or threatened release, by or caused by Tenant or its agents, of any Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (b) any personal injury, including wrongful death, or damage to property, real or personal, arising out of or related to Hazardous Materials released by Tenant or its agents or employees; (c) any lawsuit brought, threatened, or settled by Legal Authorities or other parties, or order by Legal Authorities, related to Hazardous Materials released by Tenant or its agents or employees; and/or (d) any violation of Legal Requirements related in any way to Hazardous Materials released by Tenant or its agents or employees. For the purposes of this Lease "Hazardous Materials" means any flammable explosives, radioactive materials, oil or petroleum products and their by products, asbestos, polychlorobiphenyls, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials as defined under or regulated by any Legal Requirements, including, without limitation, the following statutes and the regulations promulgated under their authority: (a) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. sections 9601 et seq.); (b) the Hazardous Materials Transportation Act, as amended (49 U.S.C. sections 1801 et seq.); and (c) the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. sections 6901 et seq.). The provisions of this Section XI.8 shall survive the expiration or termination of this Lease. Landlord hereby represents and warrants to Tenant that, to the best of Landlord's knowledge, no hazardous materials, hazardous wastes or asbestos ("Hazardous Materials") exist in or about the Property. Landlord agrees to hold Tenant harmless from and against any costs or damages resulting from the presence or release of Hazardous Materials in or about the Property caused by Landlord or Landlord's employees or agents, with the exception of any encapsulated Hazardous Materials, provided such release is not caused by Tenant, or Tenant's employees or agents. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to indemnify, defend, or hold Landlord harmless for claims originating from the presence of Hazardous Materials which are not placed on the Premises or in the Building by the Tenant, or by Tenant's employees or agents. Tenant's liability for Hazardous materials is limited solely to releases caused by Tenant, or Tenant's employees or agents. Landlord shall abatx, xxcapsulate, or pay the additional costs Tenant incurs in the course of construction due to the presence of Hazardous Materials, provided, however, that in any situation where Tenant claims or may claim such additional costs, Tenant shall first give Landlord early enough written notice of such claim by Tenant so that Landlord may, prior to the commencement of any such work by or for Tenant, at Landlord's option, determine whether to perform and/or have a third party perform such work so as to minimize or eliminate any additional cost to Landlord._______________/ JK LANDLORD TENANT

Tenant shall. 11.8.3.1 11.7.3.1 neither cause nor permit the Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process Hazardous Materials, except in compliance with all Legal Requirements; 11.8.3.2 11.7.3.2 neither cause nor permit a release or threatened release of Hazardous Materials onto the Premises Premises, the air, water or any other property as a result of any intentional or unintentional act or omission on the part of Tenant; 11.8.3.3 11.7.3.3 comply with all applicable Legal Requirements related to Hazardous Materials; 11.8.3.4 11.7.3.4 conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions on, from, or affecting the Premises in accordance with such applicable Legal Requirements and to the satisfaction of Landlord;; ------------------/---------------- Landlord Tenant 11.8.3.5 11.7.3.5 allow access to the Premises by Landlord and applicable regulatory authorities so that they may assure compliance with this Section XI.811.8; 11.8.3.6 11.7.3.6 upon the expiration or termination of this Lease, deliver the Premises to Landlord free of all Hazardous Materials (other than those Hazardous Materials, if any, existing in the Premises on the Commencement Date); and 11.8.3.7 11.7.3.7 defend, indemnify, and hold harmless Landlord and Landlord's employees and other agents from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of any kind or nature, known or unknown, contingent or otherwise (including, without limitation, reasonable fees of accountants' and reasonable attorneys' fees (including fees for the services of paralegals and similar persons), consultant fees, investigation and laboratory fees, court costs, and litigation expenses at the trial and all appellate levels), arising out of, or in any way related to (a) the presence, disposal, release, or threatened release, by or caused by Tenant or its agents, of any Hazardous Materials which are on, from, or affecting the air, soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (b) any personal injury, including wrongful death, or damage to property, real or personal, arising out of or related to such Hazardous Materials released by Tenant or its agents or employeesMaterials; (c) any lawsuit brought, threatened, or settled by Legal Authorities or other parties, or order by Legal Authorities, related to such Hazardous Materials released by Tenant or its agents or employeesMaterials; and/or (d) any violation of Legal Requirements related in any way to such Hazardous Materials released by Tenant or its agents or employeesMaterials. For the purposes of this Lease "Hazardous Materials" means any flammable explosives, radioactive materials, oil or petroleum products and their by by-products, asbestos, polychlorobiphenyls, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials as defined under or regulated by any Legal Requirements, including, without limitation, the following statutes and the regulations promulgated under their authority: (a) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. sections Sections 9601 et seq.); (b) the Hazardous Materials Transportation Act, as amended (49 U.S.C. sections Sections 1801 et seq.); and (c) the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. sections Sections 6901 et seq.). The provisions of this Section XI.8 11.7 shall survive the expiration or termination of this Lease. Landlord hereby represents Tenant shall, however, have the right to use and warrants to Tenant that, to the best of Landlord's knowledge, no hazardous materials, hazardous wastes or asbestos ("Hazardous Materials") exist in or about the Property. Landlord agrees to hold Tenant harmless from and against any costs or damages resulting from the presence or release of Hazardous Materials in or about the Property caused by Landlord or Landlord's employees or agents, with the exception of any encapsulated Hazardous Materials, provided such release is not caused by Tenant, or Tenant's employees or agents. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to indemnify, defend, or hold Landlord harmless for claims originating from the presence of Hazardous Materials which are not placed store on the Premises or materials (such as cleaning fluids, "white out" and similar substances) used in the Building by the Tenant, or by Tenant's employees or agents. Tenant's liability for Hazardous materials is limited solely to releases caused by Tenant, or Tenant's employees or agents. Landlord shall abatx, xxcapsulate, or pay the additional costs Tenant incurs in the ordinary course of construction due its business, subject to the presence of Hazardous Materials, provided, however, that in any situation where Tenant claims or may claim such additional costs, Tenant shall first give Landlord early enough written notice of such claim by Tenant so that Landlord may, prior to the commencement of any such work by or for Tenant, at Landlord's option, determine whether to perform and/or have a third party perform such work so as to minimize or eliminate any additional cost to Landlordcompliance with Legal Requirements.

Tenant shall. 11.8.3.1 neither cause nor permit the Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process Hazardous Materials, except in compliance with all Legal Requirements; 11.8.3.2 neither cause nor permit a release or threatened release of Hazardous Materials onto the Premises or any other property as a result of any intentional or unintentional act or omission on the part of Tenant; 11.8.3.3 comply with all applicable Legal Requirements related to Hazardous Materials; 11.8.3.4 conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions on, from, or affecting the Premises in accordance with such applicable Legal Requirements and to the reasonable satisfaction of Landlord; 11.8.3.5 allow access to the Premises by Landlord and as and to the extent required by law, applicable regulatory authorities authorities, at reasonable times and upon reasonable notice so that they may assure compliance with this Section XI.8; 11.8.3.6 upon the expiration or termination of this Lease, deliver the Premises to Landlord free of all Hazardous Materials (other than those Hazardous Materials, if any, existing in the Premises on the Commencement Date); and 11.8.3.7 defend, indemnify, and hold harmless Landlord and Landlord's employees and other agents from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of any kind or nature, known or unknown, contingent or otherwise (including, without limitation, reasonable fees of accountants' and reasonable attorneys' fees (including fees for the services of paralegals and similar persons), consultant fees, investigation and laboratory fees, court costs, and litigation expenses at the trial and all appellate levels), arising out of, or in any way related to (a) the presence, disposal, release, or threatened release, by or caused by Tenant or its agents, of any Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (b) any personal injury, including wrongful death, or damage to property, real or personal, arising out of or related to such Hazardous Materials released by Tenant or its agents or employeesMaterials; (c) any lawsuit brought, threatened, or settled by Legal Authorities or other parties, or order by Legal Authorities, related to such Hazardous Materials released by Tenant or its agents or employeesMaterials; and/or (d) any violation of Legal Requirements related in any way to such Hazardous Materials released by Tenant or its agents or employeesMaterials. For the purposes of this Lease "Hazardous Materials" means any flammable explosives, radioactive materials, oil or petroleum products and their by products, asbestos, polychlorobiphenyls, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials as defined under or regulated by any Legal Requirements, including, without limitation, the following statutes and the regulations promulgated under their authority: (a) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. sections Sections 9601 et seq.); (b) the Hazardous Materials Transportation Act, as amended (49 U.S.C. sections Sections 1801 et seq.); and (c) the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. sections Sections 6901 et seq.). The provisions of this Section XI.8 shall survive the expiration or termination of this Lease. Landlord hereby represents and warrants to Tenant that, to the best of Landlord's knowledge, no hazardous materials, hazardous wastes or asbestos ("Hazardous Materials") exist in or about the Property. Landlord agrees to hold Tenant harmless from and against any costs or damages resulting from the presence or release of Hazardous Materials in or about the Property caused by Landlord or Landlord's employees or agents, with the exception of any encapsulated Hazardous Materials, provided such release is not caused by Tenant, or Tenant's employees or agents. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to indemnify, defend, or hold Landlord harmless for claims originating from the presence of Hazardous Materials which are not placed on the Premises or in the Building by the Tenant, or by Tenant's employees or agents. Tenant's liability for Hazardous materials is limited solely to releases caused by Tenant, or Tenant's employees or agents. Landlord shall abatx, xxcapsulate, or pay the additional costs Tenant incurs in the course of construction due to the presence of Hazardous Materials, provided, however, that in any situation where Tenant claims or may claim such additional costs, Tenant shall first give Landlord early enough written notice of such claim by Tenant so that Landlord may, prior to the commencement of any such work by or for Tenant, at Landlord's option, determine whether to perform and/or have a third party perform such work so as to minimize or eliminate any additional cost to Landlord.