Common use of Toxic Waste and Environmental Damage Clause in Contracts

Toxic Waste and Environmental Damage. Without the prior written consent of Landlord, Tenant shall not bring, allow, use or permit upon the Premises, or generate or create at or emit or dispose from the Premises any chemicals, toxic or hazardous gaseous, liquid or solid or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or extraction procedure 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 Sections 66680 through 66685 of Title 22 of the California Administrative Code as the same may be amended from time to time. Tenant shall comply, at its sole cost, with all laws pertaining to, and shall indemnify and hold Landlord harmless from any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from such bringing, allowing, using, permitting, generating, creating, or emitting or disposing of any such material & Tenant's indemnification and hold harmless obligations include, without limitation, (i) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any private or public person under common law or under the Comprehensive Environmental Response, Compensation and Liability, Act of 1980 ("RCRA") or any other Federal, State, County or Municipal law, ordinance or regulation, (ii) claims, liabilities, costs or expenses pertaining to the cleanup or containment of wastes, the identification of the pollutants in the waste, the identification of scope of any environmental contamination, the removal of pollutants from soils, riverbeds or aquifers, the provision of an alternative public drinking water source, or the long term monitoring of ground water and surface waters, and (iii) all costs of defending such claims. Landlord shall, however, be responsible for damages directly caused by its own intentional acts and omissions and all costs and expenses, including reasonable attorney's fees, incurred in defending claims based upon them. 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, grand, surface and ground water. Landlord's approval may be withheld in its reasonable judgement. Tenant further agrees to properly close the facility with regard to hazardous materials and obtain a Closure

Toxic Waste and Environmental Damage. A. Tenant’s Responsibility: Without the prior written consent of Landlord, Tenant shall not bring, allowuse, use or permit upon the Premises, or generate or create at or emit 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 extraction procedure 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 Sections 66680 through 66685 of Division 22 Title 22 26 of the California Administrative Code of Regulations as the same may be amended from time to timetime or any 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”). In order to obtain consent, Tenant shall complyshall B. Tenant’s Indemnity Regarding Hazardous Materials: Tenant shall, at its sole costcost and expense, comply with all laws pertaining to, and shall indemnify with counsel reasonably acceptable to Landlord, indemnify, defend and hold harmless Landlord harmless from and Landlord’s shareholders, directors, officers, employees, partners, affiliates, and agents from, any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from such the bringing, allowing, using, permitting, generating, creating, or emitting or disposing of Hazardous Materials by Tenant during the Lease Term or the violation of any such material & Governmental Regulation or environmental law, by Tenant or Tenant's ’s Agents. Tenant’s indemnification and hold harmless obligations include, without limitation, the following: (i) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any private or public person under common law or under the Comprehensive Environmental Response, Compensation and Liability, Liability Act of 1980 ("“CERCLA”), the Resource Conservation and Recovery Act of 1980 (“RCRA"”) or any other Federal, State, County or Municipal law, ordinance or regulation, ; (ii) claims, liabilities, costs or expenses pertaining to the cleanup or containment of wastesidentification, the identification of the pollutants in the wastemonitoring, the identification of scope of any environmental contamination, the removal of pollutants from soils, riverbeds or aquifers, the provision of an alternative public drinking water source, or the long term monitoring of ground water and surface waters, and (iii) all costs of defending such claims. Landlord shall, however, be responsible for damages directly caused by its own intentional acts and omissions and all costs and expenses, including reasonable attorney's fees, incurred in defending claims based upon them. 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, grand, surface and ground water. Landlord's approval may be withheld in its reasonable judgement. Tenant further agrees to properly close the facility with regard to hazardous materials and obtain a Closurecleanup,

Toxic Waste and Environmental Damage. Without the prior written consent of Landlord, Tenant shall not bring, allow, use or permit upon the Premises, or generate or create at or emit or dispose 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 extraction procedure 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 Sections 66680 through 66685 of Title 22 of the California Administrative Code as the same may be amended from time to time. Tenant shall comply, at its sole cost, with all laws pertaining to, and shall indemnify and hold Landlord harmless from any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from such bringing, allowing, using, permitting, generating, creating, or emitting or disposing of any such material & materials. Tenant's indemnification and hold harmless obligations include, without limitation, (i) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any private or public person under common law or under the Comprehensive Environmental Response, Compensation and LiabilityLiability Act of 1980 ("CERLA"), the Resource Conservation and Recovery Act of 1980 ("RCRA") or any other Federal, State, County or Municipal law, ordinance or regulation, (ii) claims, liabilities, costs or expenses pertaining to the cleanup or containment of wastes, the identification of the pollutants in the waste, the identification of scope of any environmental contamination, the removal of pollutants from soils, riverbeds or aquifers, the provision of an alternative public drinking water source, or the long term monitoring of ground water and surface waters, and (iii) all costs of defending such claims. Landlord shall, however, be responsible for damages directly caused by its own intentional acts and omissions and all costs and expenses, including reasonable attorney's fees, incurred in defending claims based upon them. 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, grandground, surface and ground water. Landlord's approval may be withheld in its reasonable judgement. Tenant further agrees to properly close the facility with regard to hazardous materials and obtain a ClosureClosure Certificate from the local administering agency.

Toxic Waste and Environmental Damage. Without the prior written consent of Landlord, Tenant shall not bring, allowuse, use or permit upon the Premises, or generate or create at or emit generate, emit, or dispose 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 extraction procedure toxicity or substances or materials which are listed on any of the Environmental Protection Agency's lists of hazardous wastes or which are am identified in Sections 66680 through 66685 of Title 22 of the California Administrative Code as the same may be amended from time to timetime ("Hazardous Materials"). Tenant shall comply, at its sole cost, with all laws pertaining to, and shall indemnify and hold Landlord harmless from any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from such bringing, allowing, using, permitting, generating, creating, or emitting or disposing of any such material & Hazardous Materials. Tenant's indemnification and hold harmless obligations include, without limitation, (i) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any private or public person under common law or under the Comprehensive Environmental Response, . Compensation and LiabilityLiability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1980 ("RCRA") or any other Federal, State, County or Municipal law, ordinance or regulation, (ii) claims, liabilities, costs or expenses pertaining to the cleanup identification, monitoring, cleanup, containment, or containment of wastes, the identification of the pollutants in the waste, the identification of scope of any environmental contamination, the removal of pollutants Hazardous Materials from soils, riverbeds or aquifers, aquifers including the provision of an alternative public drinking water source, or the long term monitoring of ground water and surface waters, and (iii) all costs of defending such claims. Landlord shall, however, be responsible for damages directly caused by its own intentional acts and omissions and all costs and expenses, including reasonable attorney's fees, incurred in defending claims based upon them. 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, grandground, surface and ground water. Landlord's approval may be withheld in its reasonable judgement. In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises. Tenant further agrees represents and warrants that 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 Hazardous Materials on the Premises, (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards, and (iv) properly close the facility with regard to hazardous materials 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 Closureclosure certificate from the local administering agency. Tenant shall have the right to approve the selection of Landlord's attorneys and the attorney's fee schedule prior to the engagement by Landlord of any attorneys pursuant to this paragraph 18.

Toxic Waste and Environmental Damage. Without the prior written consent of LandlordExcept as permitted by governmental laws, regulations, and ordinances, Tenant shall not bring, allow, use or permit upon the Premises, or generate or create at or emit or dispose 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, corrosivitycorrosively, reactivity, or extraction procedure 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 Sections 66680 through 66685 of Title 22 of the California Administrative Code code as the same may be amended from time to time. Tenant shall comply, at its sole cost, with all laws pertaining to, and shall indemnify and hold Landlord harmless from any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from such bringing, allowing, using, permitting, generating, creatingcrating, or emitting or disposing of any such material & materials. Tenant's indemnification and hold harmless obligations include, without limitation, (i) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any 10 -10- private or public person under common law or under the Comprehensive Environmental Response, Compensation and LiabilityLiability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1980 ("RCRA") or any other Federal, State, County or Municipal law, ordinance or regulation, (ii) claims, liabilities, costs or expenses pertaining to the cleanup or containment of wastes, the identification of the pollutants in the waste, the identification of scope of any environmental contamination, the removal of pollutants from soils, riverbeds or aquifers, the provision of an alternative public drinking water source, or the long term monitoring of ground water and surface waters, and (iii) all costs of defending such claims. Tenant will provide Landlord shallwith copies of all applications and supporting documentation supplied to any governmental agency for the permission to use toxic material upon the premises. Notwithstanding the above, however, Tenants shall not be liable nor responsible for damages directly caused by any toxic condition that it can prove existed prior to its own intentional acts and omissions and all costs and expenses, including reasonable attorney's fees, incurred in defending claims based upon them. In order to obtain consent, Tenant shall deliver to Landlord its written proposal describing the toxic material to be brought onto initial occupancy of the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the air, grand, surface and ground water. Landlord's approval may be withheld in its reasonable judgement. Tenant further agrees to properly close the facility with regard to hazardous materials and obtain a Closure.

Toxic Waste and Environmental Damage. Without the prior written consent of Landlord, A. Tenant's Responsibility: Tenant shall not bring, allow, or use or permit upon the Premises, or generate or create at or emit or dispose 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 extraction procedure 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 Sections 66680 through 66685 of Title 22 of the California Administrative Code as the same may be amended from time to timetime (which are referred to in this Lease as "Hazardous Materials") in violation of Law. Tenant shall comply, at its sole cost, with all laws Laws pertaining to, and shall indemnify and hold Landlord harmless from any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from such the bringing, allowing, using, permitting, generating, creating, or emitting or disposing of any such material & Hazardous Materials by Tenant. Tenant's indemnification and hold harmless obligations as hereinbefore specified include, without limitation, (i) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any private or public person under common law or under the Comprehensive Environmental Response, Compensation compensation and LiabilityLiability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1980 ("RCRA") or any other Federal, State, County or Municipal law, ordinance or regulation, ; (ii) claims, liabilities, costs or expenses pertaining to the cleanup or containment of wastes, the identification of the pollutants in the waste, the identification of scope of any environmental contamination, the removal of pollutants from soils, riverbeds or aquifers, the provision of an alternative public drinking water source, or the long term monitoring of ground water and surface waters, all to the extent required by applicable Law, and (iii) all costs of defending such claims. Landlord shall, however, be responsible for damages directly caused by its own intentional acts and omissions and all costs and expenses, including reasonable attorney's fees, incurred in defending claims based upon them. 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, grand, surface and ground water. Landlord's approval may be withheld in its reasonable judgement. Tenant further agrees to properly close the facility with regard to hazardous materials Hazardous Materials and obtain a ClosureClosure Certificate from the local administering agency for any Hazardous Material used, generated, emitted or disposed of by Tenant in or about the Premises if so required by Law upon the expiration or earlier termination of the Lease.

Toxic Waste and Environmental Damage. A. 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, allowuse, use or permit upon the Premises, or generate or create at or emit 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 extraction procedure 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 Sections 66680 through 66685 of Division 22 Title 22 26 of the California Administrative Code of Regulations as the same may be amended from time to timetime or any 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 complydeliver 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 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 hereby consents to Tenant’s use of diesel and the presence of diesel tanks on the Premises, provided such diesel tanks are either above-grade or in existing appropriate vaults on the Premises. B. Tenant’s Indemnity Regarding Hazardous Materials: Tenant shall, at its sole costcost and expense, comply with all laws pertaining to, and shall indemnify with counsel reasonably acceptable to Landlord, indemnify, defend and hold harmless Landlord harmless from and Landlord’s trustees, shareholders, directors, officers, employees, partners, affiliates, and agents from, any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from such the bringing, allowing, using, permitting, generating, creating, or emitting or disposing of Hazardous Materials by Tenant, Tenant’s Agents, or a third party whose presence upon the Premises are related to Tenant’s use and occupancy thereof, through the surface soils of the Premises during the Lease Term or the violation of any such material & Governmental Regulation or environmental law, by Tenant or Tenant's indemnification ’s Agents. Tenant’s indemnification, defense, and hold harmless obligations include, without limitation, the following: (i) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any private or public person under common law or under the Comprehensive Environmental Response, Compensation and LiabilityLiability Act of 1980 as amended (“CERCLA”), the Resource Conservation and Recovery Act of 1980 ("“RCRA"”) or any other Federal, State, County or Municipal law, ordinance or regulation, regulation now or hereafter in effect; (ii) claims, liabilities, costs or expenses pertaining to the cleanup identification, monitoring, cleanup, containment, or containment of wastes, the identification of the pollutants in the waste, the identification of scope of any environmental contamination, the removal of pollutants Hazardous Materials from soils, riverbeds or aquifers, aquifers including the provision of an alternative public drinking water source, or the long term monitoring of ground water and surface waters, and ; (iii) all costs of defending such claims. Landlord shall; (iv) losses attributable to diminution in the value of the Premises or the Building; (v) loss or restriction of use of rentable space in the Building; (vi) Adverse effect on the marketing of any space in the Building; and (vi) all other liabilities, howeverobligations, be responsible for penalties, fines, claims, actions (including remedial or enforcement actions of any kind and administrative or judicial proceedings, orders or judgments), damages directly caused by its own intentional acts (including consequential and omissions punitive damages), and all costs (including attorney, consultant, and expert fees and expenses, including reasonable attorney's fees, incurred in defending claims based upon them) resulting from the release or violation. In order to obtain consent, Tenant This Section 12.B shall deliver to Landlord its written proposal describing survive 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 expiration or termination of the air, grand, surface and ground water. Landlord's approval may be withheld in its reasonable judgement. Tenant further agrees to properly close the facility with regard to hazardous materials and obtain a Closurethis Lease.