Common use of Toxic Materials Clause in Contracts

Toxic Materials. 4.4.1 Tenant's Obligations -------------------- (a) Tenant shall not cause or permit to be discharged into the plumbing or sewage system of the Building or onto the land underlying or adjacent to the Building any hazardous, toxic, or radioactive materials, including, but not limited to, those materials identified in Section .66680 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time (collectively "Toxic Materials"). Tenant shall neutralize, by filtering or otherwise, or dispose of as required or permitted by law, all Toxic Materials generated by Tenant's activities on the Premises. Tenant shall at its sole expense comply with any and all rules, regulations, codes, ordinances, statutes, and other requirements of lawful governmental authority respecting Toxic Materials, pollution, harmful chemicals and other materials in connection with Tenant's activities on or about the Premises. Tenant specifically agrees to comply with any such requirements relating to the handling, use, storage and disposal of Toxic Materials and other materials which are considered by any such governmental authorities as harmful, dangerous, toxic, flammable, or otherwise deserving of special care. Tenant shall pay the full cost of any clean-up work performed on or about the Premises as required by any such governmental authority in order to remove, neutralize or otherwise treat materials of any type whatsoever directly or indirectly placed by Tenant or its agents, employees or contractors on or about the Premises or the land under or about the Premises. (b) Tenant shall be solely responsible for and shall indemnify, defend, and hold Landlord harmless from any and all claims, judgments, losses, demands, causes of action, proceedings, or hearings relating to the storage, placement, or use of Toxic (hereinafter collectively referred to as "Claims") by Materials Tenant, its agents, or invitees on or about the Premises, including, but not limited to, Claims resulting from the contamination of subterranean water beneath, adjoining, or in the vicinity of the Premises. Tenant shall reimburse Landlord for (i) losses in or reductions to rental income resulting from Tenant's use, storage, and disposal of Toxic Materials; (ii) all costs of refitting or other alterations to the Premises necessitated by Tenant's use, storage, or disposal of Toxic Materials including, but not limited to, alterations required to accommodate an alternate use of the Premises; and (iii) any diminution in the fair market value of the Premises caused by Tenant's use, storage, or disposal of Toxic Materials. Tenant agrees to defend all such Claims on behalf of Landlord with counsel reasonably acceptable to Landlord, and to pay all fees, costs, damages, or expenses relating to or arising out of any such Claim including attorneys' fees and costs. Tenant shall further be solely responsible for and shall indemnify, defend and hold Landlord harmless from and against all claims, including reasonable attorneys' fees and costs, arising out of or in connection with any removal, clean-up, or restoration work which is required by any government agency having jurisdiction and which arises from Tenant's storage, use, or disposal of Toxic Materials on the Premises during the term of this Lease. (c) The obligations of Tenant under this Paragraph 4.4 shall survive the expiration of the Lease term.

Toxic Materials. 4.4.1 Tenant's Obligations -------------------- (a) Tenant A. Lessee shall not cause or permit to be discharged into the plumbing or sewage system of the Building Premises or onto the land and underlying or adjacent to the Building it, any hazardous, toxic, toxic or radioactive materials, including, but not limited to, those materials identified in Section .66680 of 6680 or Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time (collectively "Toxic Materials"). Tenant shall neutralizeLessee shall, by filtering or otherwise, or dispose of as required or permitted by law, all Toxic Materials generated by Tenant's activities on the Premises. Tenant shall at its sole expense expense, comply with any and all rules, LEASE ADDENDUM (CONTINUED) regulations, codes, ordinances, statutes, and other requirements of lawful governmental authority respecting to Toxic Materials, pollution, harmful chemicals chemicals, and other materials in connection with TenantLessee's activities on or about the Premises. Tenant Lessee specifically agrees to comply with any such requirements relating to the handling, use, storage storage, and disposal of Toxic Materials and other materials which are considered by any such governmental authorities as harmful, dangerous, toxic, flammable, or otherwise deserving of special care. Tenant Lessee shall pay the full cost of any clean-up work performed on or about the Premises Industrial Center as required by any such governmental authority in order to remove, neutralize or otherwise treat materials of any type whatsoever directly or indirectly placed by Tenant or its agents, employees or contractors on or about the Premises by Lessee or the land under its agents, employees, contractors, or about the Premisesinvitees. (b) Tenant B. Lessee shall be solely responsible for and shall indemnify, defend, and hold Landlord Lessor harmless from any and all claims, judgments, lossesjudgements, demands, causes of or action, proceedings, proceedings or hearings (collectively "Claims") relating to the storage, placement, placement or use of Toxic (hereinafter collectively referred to as "Claims") Materials by Materials TenantLessee, its agents, agents or invitees on or about the Premises, including, but not limited to, Claims resulting from the contamination of subterranean water beneath, adjoining, adjoining or in the vicinity of the PremisesIndustrial Center. Tenant shall reimburse Landlord for (i) losses in or reductions to rental income resulting from Tenant's use, storage, and disposal of Toxic Materials; (ii) all costs of refitting or other alterations to the Premises necessitated by Tenant's use, storage, or disposal of Toxic Materials including, but not limited to, alterations required to accommodate an alternate use of the Premises; and (iii) any diminution in the fair market value of the Premises caused by Tenant's use, storage, or disposal of Toxic Materials. Tenant Lessee agrees to defend all such Claims on behalf of Landlord Lessor with counsel reasonably acceptable to LandlordLessor, and to pay all fees, costs, damages, or expenses relating to or arising out of any such Claim including attorneys' fees and costs. Tenant shall further be solely responsible for and shall indemnifyof, defend and hold Landlord harmless from and against all claims, including reasonable attorneys' fees and costs, arising out of or in connection with with, any removal, clean-up, or restoration work which is required by any government governmental agency having jurisdiction and which arises from TenantLessee's storage, use, use or disposal of Toxic Materials on or about the Premises during the term of this Lease. , or Option Term, if exercised: provided, however, that Lessee shall not be responsible for, and Lessor shall indemnify Lessee against, claims, Toxics and Toxic materials relating to the building to the extent they either (ci) The obligations exist in or about the building prior to the date of Tenant under this Paragraph 4.4 shall survive lease, or (ii) were not caused by Lessee during the expiration term of the Lease termLease.

Toxic Materials. 4.4.1 Tenant's Obligations -------------------- (a) Tenant A. Lessee shall not cause or permit to be discharged into the plumbing or sewage system of the Building Premises or onto the land and underlying or adjacent to the Building it, any hazardous, toxic, toxic or radioactive materials, including, but not limited to, those materials identified in Section .66680 of 6680 or Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time (collectively "Toxic Materials"). Tenant shall neutralizeLessee shall, by filtering or otherwise, or dispose of as required or permitted by law, all Toxic Materials generated by Tenant's activities on the Premises. Tenant shall at its sole expense expense, comply with any and all rules, regulations, codes, ordinances, statutes, and other requirements of lawful governmental authority respecting to Toxic Materials, pollution, harmful chemicals chemicals, and other materials in connection with TenantLessee's activities on or about the Premises. Tenant Lessee specifically agrees to comply with any such requirements relating to the handling, use, storage storage, and disposal of Toxic Materials and other materials which are considered by any such governmental authorities as harmful, dangerous, toxic, flammable, or otherwise deserving of special care. Tenant Lessee shall pay the full cost of any clean-up work performed on or about the Premises Industrial Center as required by any such governmental authority in order to remove, neutralize or of otherwise treat materials of any type whatsoever directly or indirectly placed by Tenant or its agents, employees or contractors on or about the Premises by Lessee or the land under its agents, employees, contractors, or about the Premisesinvitees. (b) Tenant B. Lessee shall be solely responsible for and shall indemnify, defend, and hold Landlord Lessor harmless from any and all claims, judgments, lossesjudgements, demands, causes of or action, proceedings, proceedings or hearings (collectively "Claims") relating to the storage, placement, placement or use of Toxic (hereinafter collectively referred to as "Claims") Materials by Materials TenantLessee, its agents, agents or invitees on or about the Premises, including, but not limited to, Claims resulting from the contamination of subterranean water beneath, adjoining, adjoining or in the vicinity of the PremisesIndustrial Center. Tenant shall reimburse Landlord for (i) losses in or reductions to rental income resulting from Tenant's use, storage, and disposal of Toxic Materials; (ii) all costs of refitting or other alterations to the Premises necessitated by Tenant's use, storage, or disposal of Toxic Materials including, but not limited to, alterations required to accommodate an alternate use of the Premises; and (iii) any diminution in the fair market value of the Premises caused by Tenant's use, storage, or disposal of Toxic Materials. Tenant Lessee agrees to defend all such Claims on behalf of Landlord Lessor with counsel reasonably acceptable to LandlordLessor, and to pay all fees, costs, damages, or expenses relating to or arising out of any such Claim including attorneys' fees and costs. Tenant shall further be solely responsible for and shall indemnifyof, defend and hold Landlord harmless from and against all claims, including reasonable attorneys' fees and costs, arising out of or in connection with with, any removal, clean-up, or restoration work which is required by any government governmental agency having jurisdiction and which arises from TenantLessee's storage, use, use or disposal of Toxic Materials on or about the Premises during the term of this Lease. , or Option Term, if exercised; provided, however, that Lessee shall not be responsible for, and Lessor shall indemnify Lessee against Claims, Toxics and Toxic Materials relating to the Building to the extent they either (ci) The obligations exist in or about the Building prior to the date of Tenant under this Paragraph 4.4 shall survive Lease, or (ii) were not caused by Lessee during the expiration term of the Lease termLease.

Toxic Materials. 4.4.1 Tenant's Obligations -------------------- (a) Tenant shall not cause or permit to be discharged into the plumbing or sewage system of the Building or onto the land underlying or adjacent to the Building any hazardous, toxic, or radioactive materials, including, but not limited to, those materials identified in Section .66680 66680 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time (collectively "Toxic Materials"). Tenant shall neutralize, by filtering or otherwise, or dispose of as required or permitted by law, all Toxic Materials generated by Tenant's activities on the Premises. Tenant shall at its sole expense comply with any and all rules, regulations, codes, ordinances, statutes, and other requirements of lawful governmental authority respecting Toxic Materials, pollution, harmful chemicals and other materials in connection with Tenant's activities on or about the Premises. Tenant specifically agrees to comply with any such requirements relating to the handling, use, storage and disposal of Toxic Materials and other materials which are considered by any such governmental authorities as harmful, dangerous, toxic, flammable, or otherwise deserving of special care. Tenant shall pay the full cost of any clean-up work performed on or about the Premises as required by any such governmental authority in order to remove, neutralize or otherwise treat materials of any type whatsoever directly or indirectly placed by Tenant or its agents, employees or contractors on or about the Premises or the land under or about the Premises. (b) Tenant shall be solely responsible for and shall indemnify, defend, and hold Landlord harmless from any and all claims, judgments, losses, demands, causes of action, proceedings, or hearings relating to the storage, placement, or use of Toxic Materials (hereinafter collectively referred to as "Claims") by Materials Tenant, its agents, or invitees on or about the Premises, including, but not limited to, Claims resulting from the contamination of subterranean water beneath, adjoining, or in the vicinity of the Premises. Tenant shall reimburse Landlord for (i) losses in or reductions to rental income resulting from Tenant's use, storage, and disposal of Toxic Materials; (ii) all costs of refitting or other alterations to the Premises necessitated by Tenant's use, storage, or disposal of Toxic Materials including, but not limited to, alterations required to accommodate an alternate use of the Premises; and (iii) any diminution in the fair market value of the Premises caused by Tenant's use, storage, or disposal of Toxic Materials. Tenant agrees to defend all such Claims on behalf of Landlord with counsel reasonably acceptable to Landlord, and to pay all fees, costs, damages, or expenses relating to or arising out of any such Claim including attorneys' fees and costs. Tenant shall further be solely responsible for and shall indemnify, defend and hold Landlord harmless from and against all claims, including reasonable attorneys' fees and costs, arising out of or in connection with any removal, clean-up, or restoration work which is required by any government agency having jurisdiction and which arises from Tenant's storage, use, or disposal of Toxic Materials on the Premises during the term of this Lease. (c) The obligations Landlord warrants and represents to Tenant that, to the best of Tenant under this Paragraph 4.4 shall survive the expiration Landlord's actual knowledge without independent investigation or inquiry, as of the Lease termeffective date of the Lease: (i) there has been no release onto or under the Premises or the Building of any Hazardous Material in violation of any environmental law; (ii) the Building contains no PCBs, PCB-contaminated electrical equipment, or asbestos-containing materials and (iii) Landlord has received no notice that the Premises or the Building is in violation of any Environmental Law."

Toxic Materials. 4.4.1 Tenant's Obligations -------------------- (a) Tenant shall not cause or permit to be discharged into the plumbing or sewage system of the Building or onto the land underlying or adjacent to the Building any hazardous, toxic, or radioactive materials, including, but not limited to, those materials identified in Section .66680 66680 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time (collectively "Toxic Materials"). Tenant shall neutralize, by filtering or otherwise, or dispose of as required or permitted by except in compliance with law, all Toxic Materials generated by Tenant's activities on the Premises. Tenant shall at its sole expense comply with any and all rules, regulations, codes, ordinances, statutes, and other requirements of lawful governmental authority respecting Toxic Materials, pollution, harmful chemicals and other materials in connection with Tenant's activities on or about the Premises. Tenant specifically agrees to comply with any such requirements relating to the handling, use, storage and disposal of Toxic Materials and other materials which are considered by any such governmental authorities as harmful, dangerous, toxic, flammable, or otherwise deserving of special care. Tenant shall pay the full cost of any clean-up work performed on or about the Premises as required by any such governmental authority in order to remove, neutralize or otherwise treat materials of any type whatsoever directly released or indirectly placed emitted by Tenant or its agents, employees or contractors on or about the Premises or the land under or about the Premises. (b) Tenant shall be solely responsible for and shall indemnify, defend, and hold Landlord harmless from any and all claims, judgments, losses, demands, causes of action, proceedings, or hearings relating to the storage, placement, release or use emission of Toxic Materials (hereinafter collectively referred to as "Claims") by Materials Tenant, its agents, or invitees on or about the Premises, including, but not limited to, Claims resulting from the contamination of subterranean water beneath, adjoining, or in the vicinity of the Premises. .. Tenant shall reimburse Landlord for (iI) losses in or reductions to rental income resulting from Tenant's use, storage, and disposal release or emission of Toxic MaterialsMaterials in violation of law; (ii) all costs of refitting or other alterations to the Premises necessitated by Tenant's use, storage, or disposal of Toxic Materials including, but not limited to, alterations required to accommodate an alternate use of the Premises; and (iii) any diminution in the fair market value of the Premises caused by Tenant's use, storage, or disposal of Toxic Materials. Materials Tenant agrees to defend all such Claims on behalf of Landlord with counsel reasonably acceptable to Landlord, and to pay all fees, costs, damages, or expenses relating to or arising out of any such Claim including attorneys' fees and costs. Tenant shall further be solely responsible for and shall indemnify, defend and hold Landlord harmless from and against all claims, including reasonable attorneys' fees and costs, arising out of or in connection with any removal, clean-up, or restoration work which is required by any government agency having jurisdiction and which arises from Tenant's storage, use, or disposal of Toxic Materials on the Premises during the term of this Lease. (c) To Landlord's best knowledge, (i) no Toxic Materials are present in the Building or at the Property or the soil, surface water, or groundwater thereof, (ii) no underground storage tanks are present at the Property, and (c) no action, proceeding or claim is pending or threatened regarding the Building or the Property concerning any Toxic Material or pursuant to any Environmental Law. (d) The obligations of Landlord and Tenant under this Paragraph 4.4 shall survive the expiration of the Lease term.

Toxic Materials. 4.4.1 Tenant's Obligations -------------------- (a) Tenant shall not cause or permit to be discharged into the plumbing or sewage system of the Building or onto the land underlying or adjacent to the Building any hazardous, toxic, toxic or radioactive materials, including, but not limited to, those materials identified in Section .66680 66680 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time (collectively collectively, "Toxic Materials"). Tenant shall neutralize, by filtering or otherwise, or dispose of as required or permitted by law, all Toxic Materials generated by Tenant's activities on the Premises. Tenant shall at its sole expense comply with any and all rules, regulations, codes, ordinances, statutes, and other requirements of lawful governmental authority respecting Toxic Materials, pollution, harmful chemicals and other materials in connection with Tenant's activities on or about the Premises. Tenant specifically agrees to comply with any such requirements relating to the handling, use, storage and disposal of Toxic Materials and other materials which are considered by any such governmental authorities as harmful, dangerous, toxic, flammable, or otherwise deserving of special care. Tenant shall pay the full cost of any clean-up work performed on or about the Premises as required by any such governmental authority in order to remove, neutralize or otherwise treat materials toxic Materials of any type whatsoever directly or indirectly placed by Tenant or its agents, employees employees, invitees or contractors on or about the Premises or the land under or about the Premises. (b) Tenant shall be solely responsible for and shall indemnify, defend, and hold Landlord harmless from any and all claims, judgments, losses, demands, causes of action, proceedings, or hearings relating to the storage, placement, or use of Toxic Materials (hereinafter collectively referred to as "Claims") by Materials Tenant, its agents, employees, invitees or invitees contractors on or about the Premises, including, but not limited to, Claims resulting from the contamination of subterranean water beneath, adjoining, or in the vicinity of the Premises. Tenant shall reimburse Landlord for (i) losses in or reductions to rental income resulting from Tenant's use, storage, and disposal of Toxic Materials; (ii) all costs of refitting or other alterations to the Premises necessitated by Tenant's use, storage, or disposal of Toxic Materials including, but not limited to, alterations required to accommodate an alternate use of the Premises; and (iii) any diminution in the fair market value of the Premises caused by Tenant's use, storage, or disposal of Toxic Materials. Tenant agrees to defend all such Claims claims on behalf of Landlord with counsel reasonably acceptable to Landlord, and to pay all fees, costs, damages, or expenses relating to or arising out of any such Claim Claims including attorneys' fees and costs. Tenant shall further be solely responsible for and shall indemnify, defend and hold Landlord harmless from and against all claims, including reasonable attorneys' fees and costs, arising out of or in connection with any removal, clean-up, or restoration work which is required by any government agency having jurisdiction and which arises from Tenant's storage, use, or disposal of Toxic Materials on the Premises during the term of this Lease. (c) The obligations of Tenant under this Paragraph 4.4 shall survive the expiration of the Lease term.