Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be required. In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises or such consent is not required, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.
Appears in 3 contracts
Samples: investor.verisign.com, Verisign Inc/Ca, Verisign Inc/Ca
Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, (either with or without negligence) cause or permit upon the Premisesescape, illegal or generate, create, release, emit, improper disposal or dispose (nor permit release of any of the same) biologically active or other hazardous substances or materials from or onto the Premises or the Building. For purposes of this Lease, “hazardous substances” or “hazardous materials” shall mean (i) any chemicalssubstance which contains gasoline, toxic diesel fuel or hazardous gaseousother petroleum hydrocarbons, liquid (ii) any substance which is flammable, radioactive, corrosive or solid materials or wastecarcinogenic, (iii) any substance, including without limitationlimitation medical and bio-technological waste, material the presence of which causes or substance having characteristics of ignitabilitythreatens to cause a nuisance or health hazard affecting human health, corrosivitythe environment, reactivitythe Premises or the premises adjacent thereto, or toxicity (iv) any substance the presence of which requires reporting, investigation or substances or materials which are listed on remediation under any of the Environmental Protection Agency's lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations substance law, as the same may hereafter be amended from time amended. Tenant shall not allow the storage or use of such hazardous substances or materials or other hazardous, medical, bio-technological or toxic materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, not allow to time or be brought into the Building in which the Premises are located any other similar wastes, such materials or substances except to use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the identity of such substances or materials. Tenant shall dispose of hazardous substances or hazardous materials on the Premises or within the Building only in a manner which are complies with all applicable laws or may become regulated by regulations. Tenant covenants and agrees that the Premises will at all times during its use or under the authority of any applicable localoccupancy thereof be kept and maintained and Tenant’s activities conducted so as to comply with all now existing or hereafter enacted or issued statutes, state or federal laws, judgmentsrules, ordinances, orders, rulespermits and regulations of all state, regulationsfederal, codes or local and other governmental restrictionsand regulatory authorities, guidelines or requirements ("Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be required. In order agencies and bodies applicable to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures pertaining to be taken for storage environmental matters or regulating, prohibiting or otherwise having to do with asbestos and disposal thereofall other toxic, safety measures radioactive, or hazardous wastes or material including, but not limited to, the Federal Clean Air Act, the Federal Water Pollution Control Act, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as from time to be employed time amended (all hereafter collectively called “Laws”). Tenant shall execute affidavits, representations and the like, from time to prevent pollution time, at Landlord’s request, concerning Tenant’s best knowledge and reasonable belief regarding the presence of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises hazardous substances or such consent is not required, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.
Appears in 2 contracts
Samples: Forsyth County (Targacept Inc), Forsyth County (Targacept Inc)
Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's ’s lists of hazardous wastes or which are identified in Division Sections 66680 through 66685 of Title 22 Title 26 of the California Administrative Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("“Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be required”). In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's ’s use of Hazardous Materials on the Premises or such consent is not required, on the condition that Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: Tenant will (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; , (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; , (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; , and (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges may employ an independent engineer or consultant to periodically inspect Tenant’s operations to verify that Tenant is complying with its obligations under this paragraph. In the event it is determined by Landlord’s consultant that Tenant is in material violation with respect to its obligations under this paragraph and consents to the storage on the Premises such violation has not previously been reported by Tenant or has not been cured, then Tenant shall pay the reasonable future expense of diesel fuel for employing Landlord’s independent engineer or consultant to periodically inspect Tenant's emergency generators, such storage ’s operations. The forgoing right of inspection shall be exercised by Landlord only if Landlord believes it may be subject to be in above-ground tanks reasonably approved by Landlordliability because of Tenant’s handling of hazardous materials.
Appears in 1 contract
Samples: Affymetrix Inc
Tenant’s Responsibility. Without the prior written consent of Landlord, except for normal office products and household cleaning solutions, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be required). In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises or such consent is not requiredPremises, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: Tenant will (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; , (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; , (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; , (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; , and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.
Appears in 1 contract
Samples: Terayon Communication Systems
Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's ’s agents, employees, contractors and invitees ("“Tenant's ’s Agents"”) shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's ’s lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("“Hazardous Materials"”) except for those substances customary in typical office and data center uses for which no consent shall be required. In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's ’s approval may be withheld in its reasonable judgment_. In the event Landlord consents to Tenant's ’s use of Hazardous Materials on the Premises or such consent is not required, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's ’s bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to within 30 days following the Expiration Date. Provided Tenant complies with the provisions of this Section 12 and any other applicable Sections of the Lease, Landlord acknowledges and hereby consents to Tenant’s use of diesel and the storage presence of diesel tanks on the Premises by Tenant of Premises, provided such diesel fuel for Tenant's emergency generators, such storage to be in tanks are either above-ground tanks reasonably approved by Landlordgrade or in existing appropriate vaults on the Premises.
Appears in 1 contract
Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be required). In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. , In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises or such consent is not requiredPremises, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing will do the following: (iI) adhere to all reporting and inspection requirements imposed by Federalfederal, Statestate, County county or Municipal municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; and (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.
Appears in 1 contract
Samples: Chicago Pizza & Brewery Inc
Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's ’s lists of hazardous wastes or which are identified in Division Sections 66680 through 66685 of Title 22 Title 26 of the California Administrative Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("“Hazardous Materials"”) except for those substances customary in typical office uses for which no consent shall be requiredcompliance with all applicable laws. In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's ’s use of Hazardous Materials on the Premises or such consent is not required, on the condition that Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: Tenant will (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations including without limitation, any applicable requirement that Tenant prepare a Hazardous Materials Management Plan under California Health and Safety Code §25505.5 and will provide Landlord a copy of any such reports or agency inspections; , (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; , (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; , and (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and complete any action required to obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges may employ an independent engineer or consultant to periodically inspect Tenant’s operations to verify that Tenant is complying with its obligations under this paragraph. In the event it is determined by Landlord’s consultant that Tenant is in material violation with respect to its obligations under this paragraph and consents to the storage on the Premises such violation has not previously been reported by Tenant or has not been cured, then Tenant shall pay the reasonable future expense of diesel fuel for employing Landlord’s independent engineer or consultant to periodically inspect Tenant's emergency generators, such storage ’s operations. The foregoing right of inspection shall be exercised by Landlord only if Landlord believes it may be subject to be in above-ground tanks reasonably approved by Landlordliability because of Tenant’s handling of hazardous materials.
Appears in 1 contract
Samples: Lease Between (Xenoport Inc)
Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's ’s lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("“Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be required”). In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's ’s approval may be withheld in its reasonable judgment. , In the event Landlord consents to Tenant's ’s use of Hazardous Materials on the Premises or such consent is not requiredPremises, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing will do the following: ; (i) adhere to all reporting and inspection requirements imposed by Federalfederal, Statestate, County county or Municipal municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; and (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's ’s bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Circle Bancorp)
Tenant’s Responsibility. Without Landlord acknowledges that Tenant shall be operating a biotechnology and pharmaceutical laboratory in Suite 102 of the prior written consent Premises, and proper disposal of Landlordany substances in the Premises in accordance with any applicable Environmental Laws, Tenant any license or permit issued to Tenant's agents, employees, contractors and invitees ("Tenant's Agents") the standards of protocol observed in the industry shall not bringbe a breach of this provision provided that (i) such disposal does not contaminate the Building, Premises or real estate upon which they are located, and (ii) Tenant does not acquire, dispose of or store any substances in a manner that makes the Building, Premises or real estate upon which they are located any type of regulated treatment, storage, disposal, or recycling facility (excluding acquisition, use, or permit upon short- term storage, and disposal of hazardous substances in the Premisesordinary course of Tenant's business as a laboratory for biotechnology and pharmaceutical products in compliance with all Environmental Laws), or generatethat makes the Building, create, release, emit, Premises or dispose (nor permit any real estate upon which they are located an illegal hazardous waste dump. Tenant shall not allow the storage or use of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or such substances or materials which are listed on in any manner not sanctioned by law or not in compliance with the standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought onto the Property any such materials or substances except to use in the ordinary course of Tenant's business, and then only when written notice is given to Landlord, within a reasonable time after the substances or materials have been stored, of the Environmental Protection Agencyidentity of such substances or materials. For the purposes of this Section, the written notice requirement shall be satisfied by providing Landlord periodically with the Material Safety Data Sheets and typical quantities of all hazardous substances used in Tenant's lists laboratory operations. No such notice shall be required, however, for commercially reasonable amounts of hazardous wastes or which are identified in Division 22 Title 26 of ordinary office supplies and janitorial supplies. Tenant shall execute affidavits, representations and the California Code of Regulations as the same may be amended like, from time to time time, at Landlord's request, concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or any other similar wastesmaterials on the Premises. Tenant covenants and agrees that the Premises will at all times during its use or occupancy thereof be kept and maintained so as to comply with all now existing or hereafter enacted or issued statutes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgmentsrules, ordinances, orders, rulespermits and regulations of all state, regulationsfederal, codes or local and other governmental restrictionsand regulatory authorities, guidelines or requirements ("Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be required. In order agencies and bodies applicable to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures pertaining to be taken for storage environmental matters or regulating, prohibiting or otherwise having to do with asbestos and disposal thereofall other toxic, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises or such consent is not required, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containersradioactive, or trenches which have come into contact with Hazardous Materials hazardous wastes or material including, but not limited to, the Federal Clean Air Act, the Federal Water Pollution Control Act, and obtain a closure certificate the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as from the local administering agency prior time to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlordtime amended (all hereafter collectively called "Laws").
Appears in 1 contract
Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements requirements. ("Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be required. In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises or such consent is not required, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, tanks containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.
Appears in 1 contract
Samples: Telocity Inc
Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements requirements. ("Hazardous Materials") except for those substances customary unless such Hazardous Materials are used in typical compliance with all applicable Laws and are commonly used in connection with general office uses for which no consent shall be requireduse. In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises or such consent is not requiredPremises, Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing the following: (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.
Appears in 1 contract
Samples: Lease (Bea Systems Inc)
Tenant’s Responsibility. Without the prior written consent Except for Tenant’s use of Landlordordinary general office and janitorial supplies (such as copier and printer toner, liquid paper, glue, cleaners), Tenant or Tenant's agents, employees, contractors and invitees ("Tenant's Agents") shall not bring, use, or permit upon the PremisesPremises or Building, or generate, create, release, emit, or dispose (nor permit any of the same) from the Premises or Building any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including Hazardous Materials (defined in Paragraph 43 G below) without limitation, material or substance having characteristics the prior written consent of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to time or any other similar wastes, materials or substances which are or may become regulated by or under the authority of any applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("Hazardous Materials") except for those substances customary in typical office uses for which no consent shall be requiredLandlord. In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material Hazardous Material to be brought onto the PremisesPremises or Building, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, ground, surface and ground water. Landlord's ’s approval may be withheld in its reasonable judgment. In the event Landlord consents to Tenant's ’s use of Hazardous Materials on the Premises or such consent is not required, Building. Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to Hazardous Materials including doing will do the following: (i) adhere to all reporting and inspection requirements imposed by Federalfederal, Statestate, County county or Municipal municipal laws, ordinances or regulations and will provide Landlord a copy of any such reports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the PremisesPremises or Building; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; and (iv) surrender the Premises or Building free from any Hazardous Materials arising from Tenant's ’s bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and obtain a closure certificate from the local administering agency prior to the Expiration Date. Landlord acknowledges and consents to the storage on the Premises by Tenant of diesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.
Appears in 1 contract
Samples: Office Lease Agreement (Hercules Technology Growth Capital Inc)