Common use of Tenant’s Responsibility for Hazardous Materials Clause in Contracts

Tenant’s Responsibility for Hazardous Materials. Hazardous Materials at, on or under the Premises shall be the responsibility of Tenant and Tenant shall be liable for and responsible for all Hazardous Materials, including without limitation, at Tenant’s sole cost (i) any Pre-Existing Environmental Condition; (ii) permitting, reporting, assessment, testing, investigation, treatment, removal, remediation, transportation and disposal of Hazardous Materials at, on or under the Premises as directed by any governmental agency, as required by Environmental Requirements; (iii) damages, costs, expenditures and claims for injury to persons, property, the Premises and surrounding air, land, surface water, and ground water resulting from Hazardous Materials at, on or under the Premises; (iv) claims by any governmental agency or third party associated with injury to surrounding air, land, surface water and ground water or other damage resulting from Hazardous Materials at, on or under the Premises; (v) damages or injury to the buildings, fixtures, appurtenances, equipment and other personal property of Landlord to the extent caused by Hazardous Materials at, on or under the Premises; (vi) fines, costs, fees, assessments, taxes, demands, orders, directives or any other requirements imposed in any manner by any governmental agency asserting jurisdiction, or under any Environmental Requirements with respect to Hazardous Materials at, on or under the Premises; (vii) damages, costs and expenditures for injury to natural resources to the extent caused by Hazardous Materials at, on or under the Premises as directed by any governmental agency or otherwise as required by Environmental Requirements; (viii) compliance with Environmental Requirements regarding the use, storage, transportation, Release, disposal, dispensing or sale of Hazardous Materials at, on or under the Premises; and (ix) any other liability or obligation related to Hazardous Material at, on or under the Premises (including, without limitation, abatement of the underlying cause of any mold (including water intrusion), and repair of any leaks and associated water damage at the Premises). While Landlord is not required to incur any costs, fees (including attorney, consultant and expert witness fees) or expenses for environmental compliance, testing, investigation, assessment, remediation or cleanup relating to Hazardous Materials at, on or under the Premises, should Tenant fail to perform any remediation required hereunder and as a result, Landlord incurs any reasonable costs, expenses or fees relating to Hazardous Materials at the Premises or surrounding lands or surface water or ground water, Tenant shall promptly reimburse Landlord for said reasonable costs, expenses or fees.

Tenant’s Responsibility for Hazardous Materials. Hazardous Materials at, on or under the Premises shall be the responsibility of Tenant and Tenant shall be liable for and responsible for all Hazardous MaterialsMaterials kept, stored or otherwise managed or Released on or from the Premises prior to the expiration of the Term of the Lease, including without limitation, at Tenant’s sole cost cost, any (i) any Pre-Existing Environmental Condition; (ii) permitting, reporting, assessment, testing, investigation, storage, treatment, removal, remediation, transportation and disposal of such Hazardous Materials at, on or under the Premises as directed by any governmental agency, agency and as otherwise required by Environmental RequirementsLaws; (iiiii) damages, costs, expenditures and claims imposed or brought under Environmental Laws for injury to persons, property, the Premises and surrounding air, land, surface water, and ground water resulting from such Hazardous Materials at, on or under the PremisesMaterials; (iviii) claims by any governmental agency or third party associated with injury to surrounding air, land, surface water and ground water or other damage resulting from such Hazardous Materials at, on or under the PremisesMaterials; (viv) damages or for injury to the buildings, fixtures, appurtenances, equipment and other personal property of Landlord to the extent caused by such Hazardous Materials at, on or under the PremisesMaterials; (viv) fines, penalties, costs, fees, assessments, taxes, demands, orders, liens, directives or any other requirements imposed in any manner by any governmental agency asserting jurisdiction, or under any Environmental Requirements Laws with respect to such Hazardous Materials at, on or under the PremisesMaterials; (viivi) damages, costs and expenditures for injury to natural resources to the extent caused by such Hazardous Materials at, on or under the Premises as directed by any governmental agency or otherwise as required by Environmental RequirementsMaterials; (viiivii) compliance with Environmental Requirements Laws regarding the use, storage, transportation, Releaserelease, disposal, dispensing or sale of Hazardous Materials at, on or under the PremisesMaterials; and (ixviii) any other liability or obligation under Environmental Laws related to such Hazardous Material at, on or under the Premises (including, without limitation, abatement of the underlying cause of any mold (including water intrusion), and repair of any leaks and associated water damage at the Premises)Materials. While Landlord is not required to incur any costs, fees (including attorney, consultant and expert witness fees) or expenses for environmental compliance, testing, investigation, assessment, remediation or cleanup relating to such Hazardous Materials at, on or under the Premisesthis Lease, should Tenant fail to perform Landlord reasonably incur any remediation required hereunder and as a result, Landlord incurs any reasonable such costs, expenses or fees relating to such Hazardous Materials at the Premises or surrounding lands or surface water or ground waterwater in order to comply with Environmental Law with respect to which Tenant is liable pursuant to this Section, Tenant shall promptly reimburse Landlord for said reasonable costs, expenses or fees.

Tenant’s Responsibility for Hazardous Materials. Hazardous Materials at, on Environmental Conditions currently or under previously existing or Releases occurring at the Premises Properties shall be the responsibility of Tenant and Tenant shall be liable for and responsible for all Hazardous MaterialsRemediation of any such Environmental Conditions and Releases in accordance with Environmental Laws, including without limitation, at Tenant’s sole cost (i) any Pre-Existing Remediation of such Environmental Condition; (ii) permitting, reporting, assessment, testing, investigation, treatment, removal, remediation, transportation Conditions and disposal of Hazardous Materials at, on or under the Premises Releases as directed by any governmental agency, as required by Environmental RequirementsLaws; (iiiii) damages, costs, expenditures and claims for injury to persons, property, the Premises Properties and surrounding air, land, surface water, sediment, and ground water resulting from Hazardous Materials at, on such Environmental Conditions or under the PremisesReleases; (iviii) claims by any governmental agency or third party associated with injury to surrounding air, land, surface water water, sediment and ground water or other damage resulting from Hazardous Materials at, on such Environmental Conditions or under the PremisesReleases; (viv) damages or for injury to the buildings, fixtures, appurtenances, equipment and other personal property of Landlord to the extent caused by Hazardous Materials at, on such Environmental Conditions or under the PremisesReleases; (viv) fines, costs, fees, assessments, taxes, demands, orders, directives or any other requirements imposed in any manner by any governmental agency asserting jurisdiction, or under any Environmental Requirements Laws with respect to Hazardous Materials at, on such Environmental Conditions or under the PremisesReleases; (viivi) damages, costs and expenditures for injury to natural resources to the extent caused by Hazardous Materials at, on such Environmental Conditions or under the Premises Releases as directed by any governmental agency or otherwise as required by applicable law, including Environmental RequirementsLaws; and (viiivii) compliance with Environmental Requirements Laws regarding the use, storage, transportation, Releaserelease, disposal, dispensing or sale of Hazardous Materials at, on or under the Premises; and (ix) any other liability or obligation related to Hazardous Material at, on or under the Premises (including, without limitation, abatement of the underlying cause of any mold (including water intrusion), and repair of any leaks and associated water damage at the Premises). While Landlord is not required to incur any costs, fees (including attorney, consultant and expert witness fees) or expenses for environmental compliance, testing, investigation, assessment, remediation or cleanup relating to Hazardous Materials at, on or under the Premises, should Tenant fail to perform any remediation required hereunder and as a result, Landlord incurs any reasonable costs, expenses or fees relating to Hazardous Materials at the Premises or surrounding lands or surface water or ground water, Tenant shall promptly reimburse Landlord for said reasonable costs, expenses or feesMaterials.

Tenant’s Responsibility for Hazardous Materials. Tenant shall not or permit any Hazardous Materials atMaterial to be brought upon, on or under used in or about the Premises by Tenant, its agents, employees, contractors, or invitees, without the prior written consent of Landlord (which consent Landlord shall not unreasonably withheld as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary or useful for Tenant’s business and will be used, kept, and stored in a manner that complies with all Environmental Laws). If Tenant breaches the responsibility obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant and results in contamination of the Premises, or if contamination of the Premises by Hazardous Material has otherwise occurred, then Tenant shall be liable for indemnify, defend, and responsible for hold the Indemnified Parties harmless from any and all Hazardous Materialsclaims, including without limitationjudgments, at Tenant’s sole cost (i) any Pre-Existing Environmental Condition; (ii) permitting, reporting, assessment, testing, investigation, treatment, removal, remediation, transportation and disposal of Hazardous Materials at, on or under the Premises as directed by any governmental agency, as required by Environmental Requirements; (iii) damages, costspenalties, expenditures and claims for injury to persons, property, the Premises and surrounding air, land, surface water, and ground water resulting from Hazardous Materials at, on or under the Premises; (iv) claims by any governmental agency or third party associated with injury to surrounding air, land, surface water and ground water or other damage resulting from Hazardous Materials at, on or under the Premises; (v) damages or injury to the buildings, fixtures, appurtenances, equipment and other personal property of Landlord to the extent caused by Hazardous Materials at, on or under the Premises; (vi) fines, costs, fees, assessments, taxes, demands, orders, directives or any other requirements imposed in any manner by any governmental agency asserting jurisdictionliabilities, or under any Environmental Requirements with respect to Hazardous Materials at, on or under the Premises; (vii) damages, costs and expenditures for injury to natural resources to the extent caused by Hazardous Materials at, on or under the Premises as directed by any governmental agency or otherwise as required by Environmental Requirements; (viii) compliance with Environmental Requirements regarding the use, storage, transportation, Release, disposal, dispensing or sale of Hazardous Materials at, on or under the Premises; and (ix) any other liability or obligation related to Hazardous Material at, on or under the Premises losses (including, without limitation, abatement diminution in value of the underlying cause Premises, damages for the loss or restriction on use of rentable or usable space or of any mold (including water intrusion)amenity of the Premises, damages arising from any adverse impact on marketing of space of the Premises, and repair sums paid in settlement of claims, attorneys’ fees, consultation fees, and expert fees) which arise during or after the Term of this Lease as a result of such contamination. This indemnification of the Indemnified Parties by Tenant includes, without limitation, costs incurred in connection with any leaks and associated water damage at investigation or site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, upon or under the Premises). While Landlord is not required to incur any costs, fees (including attorneyincluding, consultant and expert witness fees) or expenses for environmental compliance, testing, investigation, assessment, remediation or cleanup relating to Hazardous Materials atwithout limitation, on or under the Premises, should Tenant fail to perform any remediation required hereunder and as a result, Landlord incurs any reasonable costs, expenses or fees relating to Hazardous Materials at the Premises or surrounding lands or surface water soil or ground waterwater on or under the Premises. Without limiting the foregoing, Tenant shall promptly reimburse take all actions at its sole expense as are recommended by environmental engineers hired by Tenant or Landlord for said reasonable costsand are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided that Landlord’s approval of such actions shall first be obtained. Tenant, expenses or feesat its sole cost and expense, shall comply with all Environmental Laws applicable to the Premises during the entire Term (including any Extension Periods).

Tenant’s Responsibility for Hazardous Materials. Hazardous Materials at, on or under at the Premises shall be the responsibility of Tenant and Tenant shall be liable for and responsible for all such Hazardous Materials, including without limitation, at Tenant’s sole cost (i) any Pre-Existing Environmental ConditionCondition (provided, however, that Tenant represents that based on the environmental information in Tenant’s files, there are no known Pre-Existing Environmental Conditions on the date of this Lease, and based on such information, the possibility of such a Pre-Existing Environmental Condition is remote); (ii) permitting, reporting, assessment, testing, investigation, treatment, removal, remediation, transportation and disposal of such Hazardous Materials at, on or under the Premises as directed by any governmental agency, as required by Environmental RequirementsLaws; (iii) damages, costs, expenditures and claims for injury to persons, property, the Premises and surrounding air, land, surface water, and ground water resulting from such Hazardous Materials at, on or under the PremisesMaterials; (iv) claims by any governmental agency or third party associated with injury to surrounding air, land, surface water and ground water or other damage resulting from such Hazardous Materials at, on or under the PremisesMaterials; (v) damages or for injury to the buildings, fixtures, appurtenances, equipment and other personal property of Landlord to the extent caused by such Hazardous Materials at, on or under the PremisesMaterials; (vi) fines, costs, fees, assessments, taxes, demands, orders, directives or any other requirements imposed in any manner by any governmental agency asserting jurisdiction, or under any Environmental Requirements Laws with respect to such Hazardous Materials at, on or under the PremisesMaterials; (vii) damages, costs and expenditures for injury to natural resources to the extent caused by such Hazardous Materials at, on or under the Premises as directed by any governmental agency or otherwise as required by applicable law, including Environmental RequirementsLaws; (viii) compliance with Environmental Requirements Laws regarding the use, storage, transportation, Releaserelease, disposal, dispensing or sale of Hazardous Materials at, on or under the PremisesMaterials; and (ix) any other liability or obligation related to such Hazardous Material atMaterials. Except as otherwise provided in Section 4.6(f) below, on or under the Premises (including, without limitation, abatement of the underlying cause of any mold (including water intrusion), and repair of any leaks and associated water damage at the Premises). While Landlord is not required to incur any costs, fees (including attorney, consultant and expert witness fees) or expenses for environmental compliance, testing, investigation, assessment, remediation or cleanup relating to Hazardous Materials at, on or under the PremisesMaterials, should Tenant fail to perform Landlord incur any remediation required hereunder and as a result, Landlord incurs any such reasonable costs, expenses or fees relating to Hazardous Materials at the Premises or surrounding lands or surface water or ground water, Tenant shall promptly reimburse Landlord for said reasonable costs, expenses or feesfees (except to the extent such costs, fees or expenses arise from other property owned by Landlord, if any).

Tenant’s Responsibility for Hazardous Materials. Hazardous Materials at, on or under at the Premises shall be the responsibility of Tenant and Tenant shall be liable for and responsible for all such Hazardous Materials, including without limitation, at Tenant’s sole cost (i) any Pre‑Existing Environmental Condition (provided, however, that Tenant represents that, based on the environmental information in Tenant’s files, there are no known Pre-Existing Environmental ConditionConditions on the date of this Lease, and, based on such information, the possibility of such a Pre-Existing Environmental Condition is remote); (ii) permitting, reporting, assessment, testing, investigation, treatment, removal, remediation, transportation and disposal of such Hazardous Materials at, on or under the Premises as directed by any governmental agency, as required by Environmental RequirementsLaws; (iii) damages, costs, expenditures and claims for injury to persons, property, the Premises and surrounding air, land, surface water, and ground water resulting from such Hazardous Materials at, on or under the PremisesMaterials; (iv) claims by any governmental agency or third party associated with injury to surrounding air, land, surface water and ground water or other damage resulting from such Hazardous Materials at, on or under the PremisesMaterials; (v) damages or for injury to the buildings, fixtures, appurtenances, equipment and other personal property of Landlord to the extent caused by such Hazardous Materials at, on or under the PremisesMaterials; (vi) fines, costs, fees, assessments, taxes, demands, orders, directives or any other requirements imposed in any manner by any governmental agency asserting jurisdiction, or under any Environmental Requirements Laws with respect to such Hazardous Materials at, on or under the PremisesMaterials; (vii) damages, costs and expenditures for injury to natural resources to the extent caused by such Hazardous Materials at, on or under the Premises as directed by any governmental agency or otherwise as required by applicable law, including Environmental RequirementsLaws; (viii) compliance with Environmental Requirements Laws regarding the use, storage, transportation, Releaserelease, disposal, dispensing or sale of Hazardous Materials at, on or under the PremisesMaterials; and (ix) any other liability or obligation related to such Hazardous Material atMaterials. Except as otherwise provided in Section 4.5(f) below, on or under the Premises (including, without limitation, abatement of the underlying cause of any mold (including water intrusion), and repair of any leaks and associated water damage at the Premises). While Landlord is not required to incur any costs, fees (including attorney, consultant and expert witness fees) or expenses for environmental compliance, testing, investigation, assessment, remediation or cleanup relating to Hazardous Materials atMaterials, on or under the Premises, and should Tenant fail to perform Landlord incur any remediation required hereunder and as a result, Landlord incurs any such reasonable costs, expenses or fees relating to Hazardous Materials at the Premises or surrounding lands or surface water or ground water, Tenant shall promptly reimburse Landlord for said reasonable costs, expenses or feesfees (except to the extent such costs, fees or expenses arise from other property owned by Landlord, if any).