Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) no such Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s Parties caused or permitted the release of any Hazardous Materials on, under, from or about the Premises, Tenant shall, at Landlord’s request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s approval of such clean up plan, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Laws and as required by such plan and this Lease.
Appears in 2 contracts
Samples: Boxabl Inc., Zhone Technologies Inc
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner earlier termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any the best of Tenant’s knowledge no Hazardous Materials are Substances exist on, in or under or about the Premises, Property as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) no such Hazardous Materials exist on, under or about the Premises, Environmental Activities other than as specifically identified to Landlord by Tenant in writing. Landlord may, at any time prior to the expiration of the Lease Term, or upon the occurrence of a Tenant default as set forth in Section 10.02, by notice to Tenant, conduct or cause an outside consultant selected by Landlord to conduct an environmental evaluation of the Property, an executed copy of which evaluation shall be delivered to Tenant within thirty (30) days. If Tenant such environmental evaluation discloses the existence of Hazardous Materials Substances on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s Parties caused or permitted the release Property as a result of any Hazardous Materials on, under, from or about the PremisesTenant Environmental Activities, Tenant shallshall (i) pay for the reasonable cost of such evaluation, and (ii) at Landlord’s written request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s approvalapproval of the cleanup required, specifying within thirty (30) days after Landlord’s request therefore the actions to be taken by Tenant to return the Premises Property to the condition existing prior to the introduction of such Hazardous MaterialsSubstances. Upon Landlord’s approval of such clean clean-up plan, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equityLease, immediately implement such plan and proceed to clean up such Hazardous Materials Substances, as required pursuant to the comprehensive plan, in accordance with all Environmental Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: Lease Agreement (Blucora, Inc.)
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine the best of Tenant’s actual knowledge whether any Hazardous Materials are on, under or about the Premises, as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) to the best of Tenant’s actual knowledge, no such Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s Parties caused or permitted the release of any Hazardous Materials on, under, from or about the PremisesPremises or that any Hazardous Materials were existing on, under or about the Premises as of the Commencement Date, Tenant shall, at Landlord’s request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s approval of such clean up planby the local, state or federal jurisdictions, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: Orchard Supply Hardware Stores Corp
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Tenant Hazardous Materials are on, under or about the Premises, as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) no such Tenant Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Tenant Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s Parties caused or permitted the release of any Tenant Hazardous Materials on, under, from or about the Premises, Tenant shall, at Landlord’s request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s approval, specifying the actions to be taken by Tenant to return remediate the Premises to the condition existing prior to the introduction of such Hazardous Materials. promptly as provided in Section 1.20 c. Upon Landlord’s approval of such clean up remediation plan, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately promptly implement such plan and proceed to clean up such remediate Tenant Hazardous Materials in accordance with all Environmental Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: Lease (Corium International, Inc.)
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the PremisesPremises in violation of applicable Environmental Laws, as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) no such Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s Parties caused or permitted the release of any Hazardous Materials on, under, from or about the PremisesPremises in violation of applicable Environmental Laws, Tenant shall, at LandlordXxxxxxxx’s request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materialsrequired by applicable Environmental Laws. Upon Landlord’s approval of such clean clean-up plan, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Laws and as required by such plan and this Lease. Notwithstanding anything to the contrary herein, under no circumstance shall Tenant be liable for any losses, costs, claims, liabilities and damages (including attorneys’ and consultants’ fees) arising out of any Hazardous Material present at any time on or about the Property, or the soil, air, improvements, groundwater or surface water thereof, except to the extent due to the release or emission of such Hazardous Material by Tenant or Tenant’s Parties in violation of applicable Environmental Laws.
Appears in 1 contract
Samples: iRhythm Technologies, Inc.
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) no such Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s Parties caused or permitted the release of any Hazardous Materials on, under, from or about the Premises, Tenant shall, at Landlord’s request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s approval of such clean up plan, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Laws and as required by such plan and this Lease. Tenant’s failure to timely comply with this Section 1.33 shall constitute an event of default under this Lease.
Appears in 1 contract
Samples: Attornment Agreement (Inphi Corp)
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent confirm in writing to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, as a result of any acts or omissions of Tenant or Tenant’s 's Parties and (ii) no such Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s 's Parties caused or permitted the release of any Hazardous Materials on, under, from or about the Premises, Tenant shall, at Landlord’s Landlord 's request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s 's approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s 's approval of such clean up cleanup plan, Tenant shall, at Tenant’s 's sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: Housing Commercial Lease
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) no such Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing's Parties. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s 's Parties caused or permitted the release of any a Hazardous Materials Material on, under, from or about the Premises, Tenant shall, at Landlord’s 's request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s 's approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materialsas required by applicable Environmental Laws. Upon Landlord’s 's approval of such clean up plan, Tenant shall, at Tenant’s 's sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: WaferGen Bio-Systems, Inc.
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this LeaseLese, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, Premises as a result of any acts or omissions of Tenant or Tenant’s Parties 's Agents and (ii) no such Hazardous Materials exist on, under or about the Premises, Premises other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises Premises, or if Landlord at any time discovers that Tenant or Tenant’s Parties 's Agents caused or permitted the release of any Hazardous Materials a hazardous Material on, under, from or about the Premises, Tenant shall, at Landlord’s 's request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s 's approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction Introduction of such Hazardous Materials. Upon Landlord’s 's approval of such clean up plan, Tenant shall, at Tenant’s 's sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Applicable Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: Omnicell Com /Ca/
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, Premises as a result of any acts or omissions of Tenant or Tenant’s Parties 's Agents and (ii) to Tenant's knowledge no such Hazardous Materials exist on, under or about the Premises, Premises other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises caused by Tenant or Tenant's Agents, or if Landlord at any time discovers that Tenant or Tenant’s Parties 's Agents caused or permitted the release of any a Hazardous Materials Material on, under, from or about the Premises, Tenant shall, at Landlord’s 's request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s 's approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s 's approval of such clean up plan, Tenant shall, at Tenant’s 's sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Applicable Laws and as required by such plan and this Lease. See Rider 6.7.
Appears in 1 contract
Samples: Cardima Inc
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) no such Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s Parties caused or permitted the release of any Hazardous Materials on, under, from or about the Premises, Tenant shall, at Landlord’s request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s approval of such clean up cleanup plan, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: Work Letter Agreement (Gigamon LLC)
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent certify to Landlord in writing that (i) Tenant i)Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, Premises as a result of any acts or omissions of or Tenant or Tenant’s Parties 's Agents and (ii) no ii)no such Hazardous Materials exist on, under or about the Premises, Premises other than as specifically identified to Landlord by Tenant in writing. In addition, Tenant shall provide Landlord with independent verification (acceptable to Landlord) that (i) all permits, reports, closure or decertification procedures, if applicable, have been secured or satisfied by Tenant for its discontinuance of use of the Premises under this Lease and (ii) the interior of the Premises is free of contamination by Hazardous Materials. If Tenant or its independent verification discloses the existence of Hazardous Materials on, under or about the Premises Premises, or if Landlord at any time discovers that Tenant or Tenant’s Parties 's Agents caused or permitted the release of any a Hazardous Materials Material on, under, from or about the Premises, Tenant shall, at Landlord’s 's request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s 's approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s 's approval of such clean up cleanup plan, Tenant shall, at Tenant’s 's sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Applicable Laws and as required by such plan and this Lease.
Appears in 1 contract
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner earlier termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any Hazardous Materials are on, under or about the Premises, as a result best of any acts or omissions of Tenant or Tenant’s Parties and (ii) knowledge no such Hazardous Materials exist on, in or under or about the Premises, Premises as a result of Tenant Environmental Activities other than as specifically identified to Landlord by Tenant in writing. Landlord may, at any reasonable time prior to the expiration of the Lease Term, by notice to Tenant, conduct or cause an outside consultant selected by Landlord to conduct an environmental evaluation of the Premises, an executed copy of which evaluation shall be delivered to Tenant within thirty (30) days after Tenant’s written request therefor. If Tenant such environmental evaluation discloses the existence of Hazardous Materials on, under or about the Premises or if Landlord at any time discovers that Tenant or Tenant’s Parties caused or permitted the release as a result of any Hazardous Materials on, under, from or about the PremisesTenant Environmental Activities, Tenant shallshall (i) pay for the reasonable cost of such evaluation, and (ii) at Landlord’s written request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s approvalapproval of the cleanup required, specifying within thirty (30) days after Landlord’s request therefore the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s approval of such clean clean-up plan, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equityLease, immediately implement such plan and proceed to clean up such Hazardous Materials Materials, as required pursuant to the comprehensive plan, in accordance with all Environmental Applicable Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: Lease Agreement (iPower Inc.)
Tenant’s Responsibility at Conclusion of Lease. Promptly upon the expiration or sooner termination of this Lease, Tenant shall represent to Landlord in writing that (i) Tenant has made a diligent effort to determine whether any no such Hazardous Materials are exist on, under or about the Premises, Premises other than as specifically identified to Landlord by Tenant in writing as a result of any acts or omissions of Tenant or Tenant’s Parties and (ii) no such Hazardous Materials exist on, under or about the Premises, other than as specifically identified to Landlord by Tenant in writing's Agent's. If Tenant discloses the existence of Hazardous Materials on, under or about the Premises Premises, or if Landlord at any time discovers that Tenant or Tenant’s Parties 's Agents caused or permitted the release of any a Hazardous Materials Material on, under, from or about the Premises, Tenant shall, at Landlord’s 's request, immediately prepare and submit to Landlord within thirty (30) days after such request a comprehensive plan, subject to Landlord’s 's approval, specifying the actions to be taken by Tenant to return the Premises to the condition existing prior to the introduction of such Hazardous Materials. Upon Landlord’s 's approval of such clean up cleanup plan, Tenant shall, at Tenant’s 's sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such plan and proceed to clean up such Hazardous Materials in accordance with all Environmental Applicable Laws and as required by such plan and this Lease.
Appears in 1 contract
Samples: United Natural Foods Inc