Tenant’s Environmental Covenants. Tenant covenants and agrees to comply strictly and in all respects with the requirements of any applicable law, statute, ordinance, permit, decree, guideline, rule, regulation or order pertaining to health or the environment (hereinafter sometimes collectively called "Applicable Environmental Laws"), including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Resource Conservation and Recovery Act, the Texas Water Code and the Texas Solid Waste Disposal Act, as each of the foregoing may be amended from time to time. Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be generated, treated, stored, used, installed or disposed in, on, under or about the Leased Premises. Tenant represents, warrants, covenants and agrees that Tenant is not and will not become involved in operations at the Leased Premises or at other locations which could lead to the imposition on Landlord or any of Landlord's Related Parties of liability under any of the Applicable Environmental Laws. Tenant does hereby, for itself and its heirs, legal representatives, successors, assigns and grantees, agree to and hereby does indemnify, defend and hold harmless Landlord, Landlord's Related Parties and each of their respective heirs, legal representatives, assigns, successors and grantees, of and from any and all liabilities, assessments, suits, damages, costs and expenses, attorneys' fees and judgments related to or arising out of (i) the breach of any of the agreements of Tenant under this Article X, (ii) the handling, installation, storage, use, generation, treatment or disposal of Hazardous Materials, including any cleanup, remedial, removal, or restoration work required by the Applicable Environmental Laws, or (iii) the assertion of any lien or claim imposed against the Leased Premises or any portion thereof or Landlord or any of Landlord's Related Parties pursuant to the Applicable Environmental Laws for any event that occurs subsequent to the Commencement Date. The covenants and agreements of Tenant under this Article X shall survive the expiration or termination of this Lease.
Tenant’s Environmental Covenants. Tenant warrants and agrees that it will comply with all applicable environmental laws and regulations in connection with its use and occupancy of the Premises. Tenant warrants and agrees that it will not store, treat, or dispose of any toxic or hazardous wastes on, above or below the Premises during its leasehold; provided, however, that Tenant may temporarily accumulate waste for off-site disposal if such accumulation is in full compliance with applicable laws and regulations. Notwithstanding the foregoing, Tenant may use ordinary household and office products generally used by consumers in ordinary quantities. Tenant's warranties and agreements contained in this Section 2.3 shall survive the expiration or earlier termination of the Lease.
Tenant’s Environmental Covenants. Tenant shall not manufacture, process, distribute, use, treat, store, dispose of, or handle on the Premises, or transport to or from the Premises, any Hazardous Substances, except in compliance with Environmental Laws. Tenant shall not cause, permit, or allow any Hazardous Substances to be brought upon, kept, used, or released in or about the Premises except in compliance with Environmental Laws. Xxxxxx agrees to indemnify and hold harmless Landlord against any and all claims for any costs, expenses, penalties, fines, losses, and liabilities arising out of or in connection with any failure of Tenant to comply with its obligations under this Section 7.2.
Tenant’s Environmental Covenants. Tenant agrees that:
(a) During the term of the Lease, Tenant will operate the Property in compliance with all Environmental Laws and is responsible for obtaining all governmental permits relating to the use or operation of the Property required by Environmental Laws.
(b) Tenant will not permit to occur during the term of the Lease any Release, generation, manufacture, storage, treatment, transportation, or disposal of Hazardous Materials other than the Allowable Hazardous Materials on, in, under, or from the Property.
(c) If any Hazardous Material resulting out of Tenant's occupancy or occupation of the Premises other than the Allowable Hazardous Materials is found on the Property, Tenant, at its own cost and expense, will immediately take such action as is necessary to detain the spread of and remove such Hazardous Material to the reasonable satisfaction of Landlord and the appropriate governmental authorities. If Tenant falls to comply with the requirements of this subparagraph (c), Landlord may cause the removal of such Hazardous Material from the Property. The cost of such Hazardous Material removal and any other cleanup (including transportation and storage costs) will be additional sums falling due under this Lease, whether or not a court has ordered the cleanup, and those costs will become due and payable on demand by Landlord. Tenant will give Landlord, its agents, and employees access to the Property to remove or otherwise clean up any Hazardous Material. Landlord has no affirmative obligation to Tenant to remove or otherwise clean up any Hazardous Material arising out of the Tenant Release.
(d) Tenant will immediately notify Landlord and provide copies upon receipt of any Environmental Notifications. Tenant will promptly cure and have dismissed with prejudice any actions and proceedings referred to in such Environmental Notifications to the extent that those actions or proceedings involve Tenant's storage, generation, Release, transportation, manufacture or disposal of Hazardous Material.
(e) Landlord has the right to conduct environmental audits of the Property (i) at any time upon the request of Landlord's mortgagee or (ii) at reasonable times not to exceed once every two years, and Tenant will cooperate in the conduct of those audits. The audits will be conducted by a consultant of Landlord's choosing, and if any Hazardous Material arising out
of a Tenant Release other than Allowable Hazardous Material is detected or if a violation of any of t...
Tenant’s Environmental Covenants. Tenant hereby covenants and agrees with Landlord that until the expiration of the Term and for such further time as Tenant, or any other person or persons claiming through or under Tenant shall hold the Premises or any part thereof, Tenant shall:
(a) comply, and cause all other persons on or occupying the Premises to comply, with all statutes, codes, ordinances and regulations applicable to gasoline, petroleum, asbestos containing materials, explosives, radioactive materials, microbial matter, biological toxins, mycotoxins, mold or mold spores or any hazardous or toxic material, substance or waste which is defined by those or similar terms or is regulated as such under any legal requirement, including: (i) any "hazardous substance" defined as such in (or for purposes of) the (A) Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. ss. 9601(14) as may be amended from time to time, or any so-called "superfund" or "superlien" legal requirement, or (B) Chapter 146-C, Section 1 of the State of New Hampshire Revised Statutes; (ii) any "pollutant or contaminant" as defined in 42 U.S.C.A. ss. 9601(33); (iii) any material now defined as "hazardous waste" pursuant to 40 C.F.R. Part 260; (iv) any petroleum, including crude oil or any fraction thereof; (v) natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel; (vi) any "hazardous chemical" as defined pursuant to 29 C.F.R. Part 1910; and (vii) any other toxic substance or contaminant that is subject to any other legal requirement or other past or present requirement of any governmental agency (or instrumentality thereof) (collectively, "HAZARDOUS MATERIAL");
Tenant’s Environmental Covenants. Without limitation of any of Tenant's other covenants, agreements and obligations under this Ground Lease, Tenant hereby specifically covenants and agrees to fulfill the responsibilities set forth below with respect to environmental matters:
(i) Tenant shall comply with all Environmental Laws applicable to Tenant relative to the Premises and Improvements. Tenant shall identify, secure, and maintain all required governmental permits and licenses as may be necessary for the Premises and Improvements, or otherwise required by Tenant's activities. Tenant shall maintain such permits and licenses in effect and shall renew them in a timely manner, and Tenant shall comply and use reasonable efforts to cause all third parties to comply with the terms of such permits and licenses. All Hazardous Substances present, handled, generated or used by Tenant on the Premises will be managed, transported and disposed of in a lawful manner.
(ii) Tenant shall provide Landlord with copies of all forms and other information concerning any releases, spills or other incidents relating to Hazardous Substances or any violations of Environmental Laws promptly upon the discovery of such releases, spills, or incidents.
Tenant’s Environmental Covenants. Tenant covenants and agrees with Landlord that Tenant shall:
(i) not locate, store, generate, manufacture, process, distribute, use, treat, transport, handle, dispose of, emit, discharge or release any Hazardous Substance or Hazardous Waste (as such terms are hereinafter defined) on or from the Premises, and shall not knowingly permit others to do so, except in the ordinary course of business and in compliance with all Environmental Laws (as hereinafter defined);
(ii) comply with all orders, actions and demands of all governmental agencies and legal or administrative agencies having jurisdiction over the Premises to clean and remove any Hazardous Substance or Hazardous Waste from the Premises attributable to Tenant’s (or anyone claiming by or through Tenant) use and enjoyment of the Premises, and shall pay for such clean up, removal and associated costs, fines and penalties pertaining thereto; and
(iii) otherwise comply with all Environmental Laws as they apply to the Premises.
Tenant’s Environmental Covenants. Tenant hereby covenants as follows:
(a) Tenant shall not use the Leased Premises, Buildings, or Property nor any part thereof, for the purpose of treating, producing, handling, transferring, processing, transporting. disposing, using, or storing of any Toxic Substance.
(b) Neither Tenant, nor any of Tenant's employees, agents, contractors, subcontractors. licensees, guests or invitees shall cause or permit to exist, as the result, in whole or in part, of any action or omission by any one or more of them, an Environmental Release.
(c) Except as otherwise provided, Tenant shall sort, dispose, remove and/or arrange for the sorting, disposal and removal of any and all Recycling Materials, in accordance with any and all applicable federal, state or local statutes, laws, rules or regulations now or hereafter enacted to define and control the sorting and disposal of any non-Toxic Substances, together with all amendments thereto.
(d) Tenant shall be responsible for any and all Remediation, including all costs and expenses and the posting of financial assurances, required by any federal, state or local governmental or quasi-governmental authority having jurisdiction, whether ordered during the term of this Lease or otherwise should such Remediation be required as a result of any breach under this Lease or arising or resulting from a closing, terminating or transferring of operations of the Tenant or from any other action or inaction by the Tenant.
(e) Tenant shall, at its sole cost and expense, comply with any and all statutes, laws, rules, regulations, ordinances, orders, and/or injunctions issued by a governmental or quasi-governmental authority having jurisdiction relating to or involving Toxic Substances, and Tenant shall give Landlord prompt written notice of any lack of compliance hereunder and of any notice it receives of an alleged violation of any of the foregoing.
(f) Notwithstanding anything herein to the contrary, Tenant's obligations are limited solely to remediation necessitated by the acts or negligence of Tenants, its agents, employer, or contractors. These covenants, representations, and warranties shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant may use cleaning materials and office supplies in the ordinary course of Tenant's business, in reasonable quantities and provided that such materials and supplies are used, stored and disposed of in compliance with any and all statutes, laws, rules, o...
Tenant’s Environmental Covenants. Tenant covenants and agrees with Landlord that, subject to Landlord’s obligations as set forth in the Options Agreement, Tenant shall:
(i) not locate, store, generate, manufacture, process, distribute, use, treat, transport, handle, dispose of, emit, discharge or release any Hazardous Substance or Hazardous Waste (as such terms are hereinafter defined) on or from the Premises, and shall not knowingly permit others to do so, except in the ordinary course of business and in compliance with all Environmental Laws (as hereinafter defined);
(ii) comply with all orders, actions and demands of all governmental agencies and legal or administrative agencies having jurisdiction over the Premises to clean and remove any Hazardous Substance or Hazardous Waste from the Premises attributable to Tenant’s (or anyone claiming by or through Tenant) use and enjoyment of the Premises, and shall pay for such clean up, removal and associated costs, fines and penalties pertaining thereto; and
(iii) otherwise comply with all Environmental Laws as they apply to the Premises.
Tenant’s Environmental Covenants. The Tenant covenants and agrees that it will:
(a) not bring or allow any Hazardous Substance to be brought onto the Lands or the Building or the Premises except in compliance with Environmental Law;
(b) comply at all times and require all those for whom the Tenant is in law responsible to comply at all times with Environmental Law as it affects the Premises or the Lands or Building;
(c) give notice to the Landlord of the presence at any time during the Term of any Hazardous Substance on the Premises (or the Lands or the Building if such substance is in the control of the Tenant) together with such information concerning such Hazardous Substance and its presence on the Premises or the Lands or the Building as the Landlord may require;
