Common use of Tenant’s Environmental Covenants Clause in Contracts

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 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 DateLaws. The covenants and agreements of Tenant under this Article X shall survive the --------- expiration or termination of this Lease.

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 strictly and in at all respects times with Environmental Law as it affects the requirements Premises or the Lands or Building; (c) give notice to the Landlord of the presence at any time during the Term of any applicable law, statute, ordinance, permit, decree, guideline, rule, regulation or order pertaining to health Hazardous Substance on the Premises (or the environment 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; (hereinafter sometimes collectively called "Applicable d) give notice to the Landlord of any occurrence which might give rise to a duty under Environmental Laws"), Law by either the Tenant or the Landlord with respect to the presence of any Hazardous Substance on the Premises or the Lands or the Building including, without limitation, notice of any discharge, release, leak, spill or escape into the Comprehensive environment of any Hazardous Substance at, to or from the Premises or the Lands or the Building; (e) at the Landlord’s request provide the Landlord with copies of all of the Tenant’s records with respect to the presence, storage, handling and disposal of Hazardous Substances on the Premises or the Lands or the Building (including tank measurements, policies and procedures and evidence of compliance therewith); (f) in any case where the Tenant has given notice as to the presence of a Hazardous Substance at the Premises or the Lands or the Building, or is required to give such notice, or where the Landlord has reasonable grounds to believe that any Hazardous Substance is going to be or has been brought to the Premises or the Lands or the Building by the Tenant or any person for whom the Tenant is in law responsible, to commission an environmental audit at the Tenant’s expense when required by the Landlord to do so; (g) comply with any investigative, remedial or precautionary measures required under Environmental ResponseLaw or as reasonably required by the Landlord, Compensationbe fully and completely liable to the Landlord for any and all investigation, clean up, remediation, restoration or monitoring costs or any costs incurred to comply with Environmental Law or any request by the Landlord that such measures be taken; (h) protect, indemnify and Liability Act of 1980, the Resource Conservation and Recovery Act, the Texas Water Code and the Texas Solid Waste Disposal Act, as save each of the foregoing Landlord and its directors, officers, employees, agents, successors and assigns completely harmless from and against any Environmental Claim, directly or indirectly incurred, sustained or suffered by or asserted against the Landlord and/or its directors, officers, employees, agents, successors and assigns caused by or attributable to, either directly or indirectly, any act or omission of the Tenant and/or any person for whom the Tenant is in law responsible; (i) enter into any additional contract of insurance respecting the Premises which the Landlord may be amended reasonably require to protect the Landlord and its directors, officers, employees, agents, successors and assigns from any Environmental Claim respecting the Premises; (j) provide to the Landlord such security as the Landlord may from time to time. time require, acting reasonably, to ensure compliance by the Tenant shall not cause or permit any Hazardous Materials of its covenants herein contained; and (as hereinafter definedk) 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 provide access to the imposition on Premises for the Landlord or any of Landlord's Related Parties of liability under any its agents to conduct an environmental audit of the Applicable Environmental Laws. Tenant does hereby, for itself and its heirs, legal representatives, successors, assigns and grantees, agree Premises at least two (2) months prior 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 expiry 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 Term of this Lease, which audit shall be at the Tenant’s expense if the audit discloses any substantial violation of any Environmental Law.

Tenant’s Environmental Covenants. (a) Tenant covenants and agrees shall not use or permit the use of the Premises in any manner which would permit or cause any Hazardous Materials (as defined below) to comply strictly and be stored upon or used in all respects connection with the requirements Premises in violation of applicable Hazardous Material Laws (as defined below). Tenant shall not permit any condition to exist in violation of applicable law which is or may be categorized by any federal, state or local government or agency having jurisdiction over the Premises as an actual or potential threat or danger to the environment. (b) Landlord shall have no obligation whatsoever, and Tenant shall be obligated, to keep the Premises in compliance with the Hazardous Material Laws, it being agreed that such and, obligation (including the obligation to cure any violation of Hazardous Material Laws that occurred as a result of any applicable lawact or omission arising prior to, statuteafter the Commencement Date or which violation occurred prior to, ordinanceafter or is ongoing as of, permitthe Commencement Date) shall be entirely Tenant’s. (c) Tenant shall protect, decreeindemnify and hold harmless Landlord, guidelineMortgagee, ruleand all Landlord-Related Parties (as defined in Section 6.1 below) from and against any and all claim, regulation loss, damage, cost, expense, liability, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind (including, without limitation, reasonable attorneys’ fees and disbursements of any indemnified party) to the extent directly or order pertaining indirectly arising out of or attributable to health the breach of any of the covenants, representations and warranties of this Article 4 or the environment presence, use, generation, manufacture, production, handling, treatment, removal, storage, release, threatened release, discharge, disposal, decontamination, clean-up or transport of Hazardous Materials on, under, from or about the Premises, or any other activity carried on or undertaken on the Premises, whether prior to or during the Term (hereinafter sometimes collectively called "Applicable Environmental Laws")but in no event shall Tenant have any liability as to any of the foregoing events that arise solely as a result of an act or omission occurring after the later to occur of the expiration of the Term and Tenant’s vacation of the Property) and whether by Tenant or any predecessor in title or any employees, agents, contractors or subcontractors of Tenant or any predecessor in title, or any third persons at any time, whether occupying or present on the Premises or any other premises, whether contiguous, adjacent or located proximate to the Premises, including, without limitation: (a) the costs of any required or necessary repair, cleanup or detoxification of the Premises and the preparation and implementation of any closure, remedial or other required plans including, without limitation, (i) the costs of removal or remedial action incurred by the United States Government or the state in which the Premises is located, or response costs incurred by any other person, or damages from injury to, destruction of, or loss of natural resources, including the costs of assessing such injury, destruction on loss, incurred pursuant to any Hazardous Materials Laws; (ii) the clean-up costs, fines, damages or penalties incurred pursuant to the provisions of applicable state law; and (iii) the cost and expenses of abatement, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any other statute, state or federal; and (b) liability for personal injury or premises damage, including damages assessed for the maintenance of the public or private nuisance, response costs or for the carrying on of an abnormally dangerous activity. (d) As used herein, “Hazardous Materials” means any material, substance or waste designated as hazardous, toxic, radioactive, injurious or potentially injurious to human health or the environment, or as a pollutant or contaminant, or words of similar import, under any Hazardous Materials Law (as defined below), including, but not limited to, petroleum and petroleum products, asbestos, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, and chemicals which may cause cancer or reproductive toxicity. As used herein, “Hazardous Materials Law” means any federal, state or local law, statute, regulation or ordinance now or hereafter in force, as amended from time to time, pertaining to materials, substances or wastes which are injurious or potentially injurious to human health or the environment or the release, disposal or transportation of which is otherwise regulated by any agency of the federal, state or any local government with jurisdiction over the Premises or any such material, substance or waste removed therefrom, or in any way pertaining to pollution or contamination of the air, soil, surface water or groundwater, including, but not limited to, the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.), the Resource Conservation and Recovery ActAct of 1976 (42 U.S.C. Section 6901 et seq.), the Texas Clean Water Code and Act (33 U.S.C. Section 1251 et seq.), the Texas Solid Waste Disposal ActSafe Drinking Water Act (42 U.S.C. Section 300f et seq.), as each of the foregoing may be amended from time to time. Tenant shall not cause or permit any Hazardous Materials Transportation Act (as hereinafter defined) to be generated49 U.S.C. Section 1801 et seq.), 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 Toxic Substance Control Act (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 Lease15 U.S.C. Section 2601 et seq.).

Tenant’s Environmental Covenants. Tenant agrees and covenants with Landlord that: (a) Tenant shall not, and agrees shall not permit any subtenant, or Tenant Party, during the Lease Term, to comply strictly produce, store, spill, discharge or otherwise release at, on or under the Premises any Regulated Substances, provided that Tenant and its agents may store and use at the Premises reasonable amounts of commercially available solvents, detergents and petroleum products, propane, and other Regulated Substances lawfully used by Tenant in all respects connection with the requirements regular business operations of its business, or the business of any applicable lawsuccessor approved by Landlord, 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, including such products as each of the foregoing may be amended from time needed to time. Tenant shall not cause or permit any Hazardous Materials clean, fuel and maintain the Premises and Tenant’s equipment and trade fixtures located upon the Premises in compliance with all Environmental Laws (as hereinafter defined). (b) Tenant further agrees and covenants with Landlord that Tenant will: (i) comply at all times with all present and future Environmental Laws of every kind applicable to be generatedthe Premises, treated, stored, used, installed or disposed in, on, under or Tenant’s property at the Premises and to Tenant’s business activities at and about the Leased Premises; (ii) provide prompt written notice to Landlord of any Reportable Event (defined below) at or affecting the Premises, whether or not such Event has been disclosed or reported to any governmental agency; (iii) provide to Landlord contemporaneously with the filing or sending thereof to any governmental agency a copy of each and every return, report, letter, memo or any other written or electronically filed or transmitted communication which involves any action, event or condition at or affecting the Premises given or filed to comply with any Environmental Law; provided that Landlord shall maintain all material received from Tenant in strict confidence, except as otherwise required by law or the order of a court of competent jurisdiction. Notwithstanding any provisions herein to the contrary, in no event shall Tenant represents, warrants, covenants and be liable or responsible for the existence of any Regulated Substances that existed prior to the Delivery Date. (c) Tenant further agrees that Tenant is shall not and will not become involved in operations place or permit the placement of any underground or above ground storage tank at the Leased Premises Premises, the purpose of which is to store, produce, process 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 dispose 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 LeaseRegulated Substance.