Common use of Toxic or Hazardous Substances Clause in Contracts

Toxic or Hazardous Substances. Tenant shall not use, store or permit toxic waste or other toxic or hazardous substances or material on the Premises during the term of this Lease, without the prior written consent of Landlord. In the event Tenant desires to use or store toxic or hazardous substances on the Premises (including but not limited to petroleum based fuels), Tenant shall request such use in an application to Landlord which shall explain in detail the types of chemicals/substances which Tenant desires to use, the proposed location and manner of storage of same and the manner of disposition of such chemicals/substances or by-products or remains thereof. Tenant shall deliver to Landlord copies of all studies, reports and other information submitted by Tenant to any governmental entity or agency regulating the use of such substances and materials, concurrently with the delivery of same to such governmental agency or entity. In no event shall Tenant store any chemicals/substances in underground tanks. The proposed use of such chemicals/substances shall label as to the chemicals/substances located within the Premises. In the event that any such wastes, substances or materials are hereinafter found on, under or about the Premises except as expressly allowed by Landlord, Tenant shall take all necessary and appropriate actions and shall spend all necessary sums to cause the same to be cleaned up and immediately removed from the Premises, and Landlord shall in no event be liable or responsible for any costs or expenses incurred in so doing. Tenant shall at all times observe and satisfy the requirements of, and maintain the Premises in compliance with, all federal, state and local environmental protection, occupational, health and safety and similar laws, ordinances, restrictions, licenses and regulations, including but not limited to, the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.). Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Safe Drinking Water Act (42 U.S.C. Section 3000 (f) et seq.), Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.), Clean Air Act (42 U.S.C. Section 7401 et seq.), Comprehensive Environmental Response of Compensation and Liability Act (42 U.S.C. Section 9601 et seq.), California Health and Safety Code (Section 25100 et seq., Section 39000 et seq.), California Water Code (Section 13000 et seq.). Should Tenant at any time receive any notice of violation of any laws, including those aforementioned, or be given a citation with respect thereto, Tenant shall (i) immediately notify Landlord of such violation or citation, (ii) provide Landlord with a copy of same, (iii) cure the deficiency set forth in the violation or citation within fifteen (15) days after the date of receipt thereof and (iv) immediately provide Landlord with proof of the curing of such deficiency or complained of matter. Should Tenant at any time default in or fail to perform or observe any of its obligations under this Addendum Paragraph 52, Landlord shall have the right, but not the duty, without limitation upon any of the Landlord’s rights pursuant hereto, to perform the same, and Tenant agrees to pay to Landlord on demand, all costs and expenses incurred by Landlord in connection therewith, including without limitation, attorneys’ fees, together with interest from the date of expenditure at the highest rate allowed by law. Tenant hereby indemnifies Landlord and agrees to defend with counsel selected by Landlord and hold Landlord harmless for any loss incurred by or liability imposed on Landlord by reason of Tenant’s failure to perform or observe any of its obligations or agreements under this Addendum Paragraph 52, including but not limited to any damage, liability, fine, penalty, punitive damage, cost or expense (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits, or other economic loss, damage to the natural resources or the environment, nuisance, pollution, contamination, leak, spill, release or other adverse effect on the environment. Landlord may enter the Premises at any time, without notice for the purpose of ascertaining compliance by Tenant with the requirements of this Addendum Paragraph 52. If Tenant is a corporation, or is a partnership whose general partners are corporations, the undersigned unconditionally personally guarantees the performance by Tenant of all duties of Tenant under this Addendum Paragraph 52 and the payment of all sums required hereby.

Toxic or Hazardous Substances. Tenant Lessee shall not use, store or permit toxic ----------------------------- waste or other toxic or hazardous substances or material materials on the Premises during the term of this Lease, without the prior written consent of LandlordLessor. In the event Tenant Lessee desires to use or store toxic or hazardous substances on the Premises (including but not limited to petroleum based fuels), Tenant Lessee shall request such use in an application to Landlord Lessor which shall explain in detail the types of chemicals/substances which Tenant Lessee desires to use, the proposed location and manner of storage of same and the manner of disposition of such chemicals/substances or by-products or remains thereof. Tenant Lessee shall deliver to Landlord Lessor copies of all studies, reports and other information submitted by Tenant Lessee to any governmental entity or agency regulating the use of such substances and materials, concurrently with the delivery of same to such governmental government agency or entity. In no event shall Tenant lessee store any chemicals/substances in underground tanks. The proposed use of such chemicals/substances shall be approved, if necessary, by the local fire department and the exterior of the Premises shall clearly set forth a label as to the chemicals/substances located within the Premises. In the event that any such wastes, substances or materials are hereinafter found on, under or about the Premises except as expressly allowed by LandlordLessor, Tenant Lessee shall take all necessary and appropriate actions and shall spend all necessary sums to cause the same to be cleaned up and immediately removed from the Premises, and Landlord Lessor shall in no event be liable or responsible for any costs or expenses incurred in so doing. Tenant Lessee shall at all times observe and satisfy the requirements of, and maintain the Premises in compliance with, all federal, state and local environmental protection, occupational, health and safety and similar laws, ordinances, restrictions, licenses and regulations, including but not limited to, the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.). Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Safe Drinking Water Act (42 U.S.C. Section 3000 (fsection 3000(f) et seq.), Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.), Clean Air Act (42 U.S.C. Section 7401 et seq.), Comprehensive Environmental Response of Compensation and Liability Act (42 U.S.C. Section 9601 et seq.), California Health and Safety Code (Section 25100 et seq., Section 39000 et seq.), California Water Code (Section 13000 et seq.). Should Tenant Lessee at any time receive any notice of violation of any laws, including those aforementioned, or be by given a citation with respect thereto, Tenant Lessee shall (i) immediately notify Landlord Lessor of such violation or citation, (ii) provide Landlord Lessor with a copy of same, (iii) cure the deficiency set forth in the violation or citation within fifteen (15) days after the date of receipt thereof and (iv) immediately provide Landlord Lessor with proof of the curing of such deficiency or complained of matter. Should Tenant Lessee at any time default in or fail to perform or observe any of its obligations under this Addendum Paragraph 5251, Landlord lessor shall have the right, but not the duty, without limitation upon any of the Landlord’s Lessor's rights pursuant hereto, to perform the same, and Tenant Lessee agrees to pay to Landlord Lessor on demand, all costs and expenses incurred by Landlord in connection therewith, including without limitation, attorneys’ fees, ' fees together with interest from the date of expenditure at the highest rate allowed by law. Tenant Lessee hereby indemnifies Landlord Lessor and agrees to defend with counsel selected by Landlord and hold Landlord holds harmless for any loss incurred by or liability imposed on Landlord Lessor by reason of Tenant’s Lessee's failure to perform or observe any of its Initial: __________ __________ 1 of 2 pages obligations or agreements under this Addendum Paragraph 5251, including but not limited to any damage, liability, fine, penalty, punitive damage, cost or expense (including without limitation all clean up and removal costs and expenses) arising from or out of any claim, action, suit or providing for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits, or other economic loss, damage to the natural resources or the environment, nuisance, pollution, contamination, leakleaks, spill, release or other adverse effect on the environment. Landlord Lessor may enter the Premises at any time, without notice for the purpose of ascertaining compliance by Tenant Lessee with the requirements of this Addendum Paragraph 5251. If Tenant Lessee is a corporation, corporation or is a partnership whose general partners are corporations, the undersigned unconditionally personally guarantees the performance by Tenant Lessee of all duties of Tenant Lessee under this Addendum Paragraph 52 51 and the payment of all sums sum required hereby.. Agreed and Accepted: Landlord: [Illegible signature] Lessee: Xxxxx Xxxxxxxx --------------------- -----------------