TOXIC WASTE. Tenant agrees that any refuse or waste liquids, solids or vapors (flammable or otherwise) or residue thereof or any other substance which are deemed to be toxic or hazardous by any federal, state and/or municipal authority having jurisdiction thereof, which Tenant shall use in connection with the course of its occupancy of the premises, shall be used, stored and disposed of in accordance with the laws, rules and regulations of such federal, state and/or municipal authority having jurisdiction thereover, and Tenant agrees that the disposal of such solid, liquid or vaporous toxic or hazardous waste, or the residue thereof, shall be the sole responsibility of Tenant. Tenant agrees to hold Landlord, its officers, directors, stockholders, principal and/or their successors or assigns, free and harmless in all respects from any and all claims whatsoever, of any individual, corporation, partnership or governmental entity, resulting from Tenant's improper disposal, use or storage of such solid, liquid or vaporous toxic or hazardous waste materials, during the term of this lease and any and all extensions or renewals hereof, including reasonable attorneys' fees and disbursements in the defense of any suit of action resulting therefrom. This clause shall survive the expiration of Tenant's occupancy of the premises. Landlord represents that the premises are free of hazardous materials. Landlord shall hold harmless, the Tenant for any environmental related liability cause, or existing prior to the commencement of the terms of this Lease.
TOXIC WASTE. Borrower and guarantors will keep the premises free from pollution with toxic waste and will comply with all environmental laws and will indemnify Lender from any liability resulting from any past, present or future toxic waste contamination or damage and or clean up responsibilities in connection with the premises and the additional collateral.
TOXIC WASTE. Tenant covenants not to introduce any form of hazardous or toxic materials onto the Premises without complying with all applicable Federal, State and local laws or ordinances pertaining to the transportation, storage, use or disposal of such material, including but not limited to obtaining proper permits. If Tenant's transportation, storage, use or disposal of hazardous or toxic materials on the Premises results in: 1) contamination of the soil or surface or ground water; or 2) loss or damage to person(s) or property, then Tenant agrees to respond in accordance with the following paragraph.
TOXIC WASTE. Toxic materials or substances can poison people and other life. Toxic substances can cause illness and even death if swallowed or absorbed through the skin. Pesticides, weed killers and many household cleaners are toxic. Additionally, RCRA hazardous wastes generally include materials generated by the treatment of hazardous waste (the derived from rule), or that are contained in a hazardous waste (the mixture rule). RCRA Subtitle C establishes an extensive management system that regulates hazardous waste from the moment it is generated until its ultimate disposal, in effect from “cradle to grave.” EPA’s Subti- tle C Program establishes various administrative requirements applicable to the three categories of hazardous waste handlers: generators; transporters; and owners or operators of treatment, storage and disposal facilities (TSDFs). The regulations applicable to RCRA TSDFs are the most extensive; therefore, facilities that only generate hazardous wastes typically take steps to ship such wastes to TSDFs before they trigger the TSDF regulations. Additional information regarding the Subtitle C Program is at xxx.xxx.xxx/xxxxxxxx/xxxxxxx/xxxxxxxx/xxx0.xxx. Of special interest to the WCT, TSDFs are required to assess all their solid waste management units, regardless of when the wastes were disposed of, and to perform corrective action for all releases of hazardous waste and hazardous constituents. Facilities must implement corrective action when necessary to protect human health and the environment, plus perform off-site corrective action when necessary. EPA estimates that at least 3,700 facilities are undergoing corrective action. RCRA corrective action follows several steps, which are largely analogous to the CERCLA cleanup process.
TOXIC WASTE. Tenant covenants that:
(a) no toxic or hazardous substance, including, without limitation, asbestos and the group of organic compounds known as polychlorinated biphenyls, shall be generated, treated, stored or disposed or, or otherwise deposited in or located on the Property, including without limitation, the surface and subsurface waters of the Property;
(b) no activity shall be undertaken on the Property which would cause
(i) the Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the subject Property within the ambit of the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. ss.6901 et seq., or any similar state law or local ordinance;
(ii) a release or threatened release of hazardous waste from the Property within the meaning of, or otherwise bring the Property within the ambit of, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. ss.9601-9657, or any similar state law or local ordinance or any other Environmental Law, or
(iii) the discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. ss.1251 et seq., or the Clear Air Act, 42 U.S.C. ss.7401 et seq., or any similar state law or local ordinance;
(c) there shall be no substances or conditions in or on the Property which may support a claim or cause of action under RCRA, CERCLA, or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, and
(d) there shall be no underground storage tanks or underground deposits located on the Property.
TOXIC WASTE. Tenant does hereby represent to Landlord and does ----------- hereby agree to certify to Landlord, at any time during the Lease Agreement term or any extension thereof, is requested by Landlord, that to the best of Tenant's knowledge, no toxic or hazardous substances have been deposited in or located on the Leased Premises, or has any activity been undertaken in the Leased Premises which would cause hazardous waste or pollutants. Tenant, at its sole cost, shall comply with all laws relating to the storage, use and disposal of hazardous toxic or radioactive matter. If Tenant does store, use, or dispose of any Toxic Materials, Tenant shall inform Landlord in, writing at least ten (10) days prior to their first appearance on the Leased Premises and Tenant's failure to do so shall constitute default under the Lease Agreement. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord and Landlord's agents, harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the removal, clean-up, and restoration work and materials necessary to return the Leased Premises and any other property of whatsoever nature to their condition existing prior to the appearance of the Toxic Materials on the Premises. Tenant's obligations hereunder shall survive the termination of this Lease Agreement.
TOXIC WASTE. Carnival Operator agrees, at all material times Carnival Operator is on the Premises, not to have in its possession, collect, distribute, dispose, release or otherwise discharge any toxic or hazardous waste as defined by Florida and Federal law.
TOXIC WASTE. The Tenant represents and warrants to Landlord that Tenant will not utilize the leased premises, nor any part thereof, to treat, deposit, store, dispose of, or place any hazardous substances, as defined by 42 U.S.C.A. Section 9601 (14) or pollutants, as defined in Section 376.301, Florida Statutes; nor will Tenant authorize any other person or entity to treat, deposit, store, dispose of, or place any hazardous substance, as defined above, or pollutants on the leased premises, or any part thereof. In the event Tenant or its servants, employees, invitees or agents intentionally or negligently cause a release or threatened release of a hazardous substance or pollutant on the leased premises which subjects Landlord to liability, in any form whatsoever, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. Section 9607, under the Florida Resource Recovery and Management Act, Florida Statute Section 403.727 (1990) or under other statutory or common law, Xxxxxx agrees to indemnify, hold harmless and defend Landlord from and against any and all claims or liability that might arise from the existence of hazardous substances or pollutants on the lease premises. Such indemnification shall include all damages, costs, expenses, attorneys’ fees at trial or appeal, or other expense which Landlord may incur. Without limiting the generality of the foregoing, this indemnification shall survive the expiration of this Lease and does specifically cover costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence or suspected presence of Hazardous Materials in the soil, groundwater or soil vapor on or under the Shopping Center, unless the Hazardous Materials are present solely as the result of the acts of Landlord, its officers, agents or employees.
TOXIC WASTE. No hazardous materials or chemical substances shall be stored, used, processed, or disposed of in any manner whatsoever in violation of any local, state, or federal laws or regulations and only in accordance with the highest standards of the industry. Lessee shall not permit the release, discharge, emission, or leakage of any hazardous materials or chemical waste in, on or about the Premises. No such materials or substances shall be brought onto the premises, except in the ordinary course of Lessee's business, provided that Lessee meets all requirements imposed by law and obtains all necessary licenses and permits. Immediately after such use, Lessee shall dispose of all hazardous waste or materials using licensed transporters and disposers and shall keep adequate and detailed records of such disposition. Lessee shall identify all such materials and substances whenever reasonably requested by Lessor and shall permit Lessor to inspect the storage areas at the premises from time to time upon reasonable prior notice. In the event of any discharge or leakage of such materials, Lessee shall be solely responsible for the reporting and cleaning up of the discharge according to the laws and regulations. No discontinued equipment or substances shall be allowed to remain on the Premises or shall be abandoned thereon. without limitation, hazardous substances shall include such substances described in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. 9601 et seq. and the regulations adopted thereunder, and hazardous materials shall include such materials shall include such materials described in the Resource Conservation and Recovery Act, as amended, M.G.L Chapter 21, and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21 E, and the regulations adopted under these acts. In addition, Lessee shall execute affidavits, representations, and the like from time to time at Lessor's reasonable request concerning Lessee's best knowledge and belief regarding the presence or absence of hazardous materials on the Premises pertaining thereto. In all events, materials on the Premises occurring while Lessee is in possession, unless caused by the Lessor and/or its grants, employees, licensees, or invitees. (At the request or Lessor, Lessee will from time to time confirm such indemnity to mortgagees directly with such mortgages.) Lessee shall take all reasonably necessary measures, taking into ...
TOXIC WASTE. Borrower represents to Lender that to the best of its knowledge there are no toxic wastes or other toxic or hazardous substances or materials being stored or otherwise held on, under or about the Property, by Borrower or any of its tenants or any other person or entity, and Borrower shall at no time permit the same. In the event that any such wastes, substances or materials are hereafter found on, under or about the Property, Borrower shall take all necessary and appropriate actions and shall spend all necessary sums to cause the same to be cleaned up and immediately removed, and Lender shall in no event be liable or responsible for any costs or expenses incurred in so doing. Borrower shall at all times observe and satisfy the requirements of and maintain the Property in compliance with all federal, state and local environmental protection, occupational, health and safety or similar laws, ordinances, restrictions, licenses, and regulations, including but not limited to the Federal Water Pollution Control Act (33 X,X,X 0000 et seq.), Resource Conservation & Recovery Act (42 U.S.C. 6901 et seq.), Safe Drinking Water Act (42 U.S.C. 3000(f) et seq.), Toxic Substances Control Act (15 U.S.C. 2601 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), Comprehensive 25
