Common use of Use and Compliance With Laws Clause in Contracts

Use and Compliance With Laws. Section 9.1 The Premises shall be used only for the Permitted Use, as restricted by the Restricted Uses, and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Section 9.2 Tenant shall, at Tenant's sole expense: (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty .or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (e) comply with all customary insurance requirements applicable to the Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Section 9.3 Tenant shall not use or permit the use of the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used iii general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) incurred by Landlord, its agents or employees as a result of Tenant's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.

Use and Compliance With Laws. Section 9.1 (a) The Leased Premises shall may be occupied and used only for the Permitted Use, as restricted by the Restricted Uses, and for no other purposes whatsoeverany lawful purpose. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain keep the Leased Premises in a clean, careful, safe, lawful clean and proper manner and orderly condition. Tenant shall not allow within knowingly use the PremisesLeased Premises or maintain them in any manner constituting a violation of any ordinance, statute, regulation, or order of any offensive noisegovernmental authority, odorincluding without limitation zoning ordinances, conduct nor shall Tenant maintain, permit or private or suffer any public nuisance to occur or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within exist on the Building or in the ProjectLeased Premises. Section 9.2 Tenant shall, at Tenant's sole expense: (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty .or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (e) comply with all customary insurance requirements applicable to the Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Section 9.3 Tenant shall not permit any waste to the Leased Premises, or use or permit the use of the Leased Premises for any unlawful purpose. (c) Tenant shall comply with all laws, ordinances, rules, regulations, orders and decrees of any governmental entity or personnel now or hereafter affecting or relating to the Leased Premises or any portion of the Project for use thereof. (d) To the storageextent applicable, treatment, use, production or disposal Tenant shall properly dispose of any Hazardous Materialschemicals, metals, garbage, trash or other than those which might industrial by-products and incidentals to Tenant’s business and shall use leakproof and fireproof containers and the expense of any breakage, stoppage, contamination, spillage or damage resulting from a violation of this provision shall be incidental to and commonly used iii general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby borne by Tenant. (e) Landlord shall indemnify and hold Landlord harmless Tenant, and any party affiliated with Tenant, from and against any and all claims claims, judgments, liabilities, losses, costs, and damages, expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising from, or in connection with: (i) any damage escape, storage, usage, or spillage of any Hazardous Substances in, on, or about the Leased Premises prior to the Lease Term; or (ii) any property escape, storage, use or injury spillage of any Hazardous Substances to or death from the Leased Premises by Landlord (or its employees, agents, contractors, invitees, or licensees) during the Lease Term, whether or not such storage, usage, or transportation constitutes a failure of Landlord fully to observe or perform its obligations under this Lease. (f) Tenant shall indemnify and hold harmless Landlord, and any personparty affiliated with Landlord, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for from and against any and all costs claims, judgments, liabilities, losses, costs, and expenses (including including, without limitation, reasonable attorneys' fees’ fees and court costs) incurred by Landlordarising from, its agents or employees as a result in connection with: (i) any escape, storage, usage, or spillage of Tenant's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on any Hazardous Substances in, on, or about March 2the Leased Premises during the Lease Term not caused by Landlord or its employees, 1995 agents, contractors, invitees, or licensees; or (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01ii) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that transportation of any Hazardous Material is located Substances to or from the Leased Premises by Tenant (or its employees, agents, contractors, invitees, or licensees) during the Lease Term, whether or not such storage, usage, or transportation constitutes a failure of Tenant fully to observe or perform its obligations under this Lease. (g) Hazardous Substances means (i) any “hazardous wastes” as defined under RCRA, (ii) any “hazardous substances” as defined under CERCLA, (iii) any toxic pollutants as defined under the Clean Water Act, (iv) any hazardous air pollutants as defined under the Clean Air Act, (v) any hazardous chemicals as defined under TSCA, (vi) any hazardous substances as defined under EPCRA, (vii) radioactive materials covered by the Atomic Energy Act, (viii) similar wastes, substances, pollutants, chemicals regulated under analogous state and local laws, (ix) asbestos, (x) polychlorinated biphenyls, (xi) petroleum and petroleum products or synthetic fuels, (xii) any substance the presence of which on the Land property in violation question is prohibited under any applicable environmental law; and (xiii) any other substance which under any applicable environmental law requires remediation or special handling or notification of applicable lawor reporting to any federal, as presently existingstate or local governmental entity in its generation, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reportsuse, handling, collection, treatment, storage, recycling, treatment, transportation, recovery, removal, discharge or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctdisposal.

Use and Compliance With Laws. Section 9.1 (a) The Leased Premises shall may be occupied and used only for the Permitted Use, as restricted by the Restricted Uses, and for no other purposes whatsoeverany lawful purpose. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain keep the Leased Premises in a clean, careful, safe, lawful clean and proper manner and orderly condition. Tenant shall not allow within knowingly use the PremisesLeased Premises or maintain them in any manner constituting a violation of any ordinance, statute, regulation, or order of any offensive noisegovernmental authority, odorincluding without limitation zoning ordinances, conduct nor shall Tenant maintain, permit or private or suffer any public nuisance to occur or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within exist on the Building or in the ProjectLeased Premises. Section 9.2 Tenant shall, at Tenant's sole expense: (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty .or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (e) comply with all customary insurance requirements applicable to the Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Section 9.3 Tenant shall not permit any waste to the Leased Premises, or use or permit the use of the Leased Premises for any unlawful purpose. (c) Tenant shall comply with all laws, ordinances, rules, regulations, orders and decrees of any governmental entity or personnel now or hereafter affecting or relating to the Leased Premises or any portion of the Project for the storage, treatment, use, production or disposal use thereof. (d) Tenant shall properly dispose of any Hazardous Materialschemicals, metals, garbage, trash or other than those which might industrial by-products and incidentals to Tenant’s business and shall use leakproof and fireproof containers and the expense of any breakage, stoppage, contamination, spillage or damage resulting from a violation of this provision shall be incidental to and commonly used iii general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby borne by Tenant. (e) Landlord shall indemnify and hold Landlord harmless Tenant, and any party affiliated with Tenant, from and against any and all claims claims, judgments, liabilities, losses, costs, and damages, expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising from, or in connection with: (i) any damage escape, storage, usage, or spillage of any Hazardous Substances in, on, or about the Leased Premises prior to the Lease Term; or (ii) any property escape, storage, use or injury spillage of any Hazardous Substances to or death from the Leased Premises by Landlord (or its employees, agents, contractors, invitees, or licensees) during the Lease Term, whether or not such storage, usage, or transportation constitutes a failure of Landlord fully to observe or perform its obligations under this Lease. (f) Tenant shall indemnify and hold harmless Landlord, and any personparty affiliated with Landlord, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for from and against any and all costs claims, judgments, liabilities, losses, costs, and expenses (including including, without limitation, reasonable attorneys' fees’ fees and court costs) incurred by Landlordarising from, its agents or employees as a result in connection with: (i) any escape, storage, usage, or spillage of Tenant's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on any Hazardous Substances in, on, or about March 2the Leased Premises during the Lease Term not caused by Landlord or its employees, 1995 agents, contractors, invitees, or licensees; or (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01ii) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that transportation of any Hazardous Material is located Substances to or from the Leased Premises by Tenant (or its employees, agents, contractors, invitees, or licensees) during the Lease Term, whether or not such storage, usage, or transportation constitutes a failure of Tenant fully to observe or perform its obligations under this Lease. (g) Hazardous Substances means (i) any “hazardous wastes” as defined under RCRA, (ii) any “hazardous substances” as defined under CERCLA, (iii) any toxic pollutants as defined under the Clean Water Act, (iv) any hazardous air pollutants as defined under the Clean Air Act, (v) any hazardous chemicals as defined under TSCA, (vi) any hazardous substances as defined under EPCRA, (vii) radioactive materials covered by the Atomic Energy Act, (viii) similar wastes, substances, pollutants, chemicals regulated under analogous state and local laws, (ix) asbestos, (x) polychlorinated biphenyls, (xi) petroleum and petroleum products or synthetic fuels, (xii) any substance the presence of which on the Land property in violation question is prohibited under any applicable environmental law; and (xiii) any other substance which under any applicable environmental law requires remediation or special handling or notification of applicable lawor reporting to any federal, as presently existingstate or local governmental entity in its generation, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reportsuse, handling, collection, treatment, storage, recycling, treatment, transportation, recovery, removal, discharge or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctdisposal.

Use and Compliance With Laws. Section 9.1 (a) The Premises shall Real Estate will be used only in conducting Mortgagor's ethanol and ethanol bi-products producing business; will not be used for the Permitted Usesale, consumption, production, storage or disposal of hazardous or toxic waste, materials or substances (except as restricted provided for by the Restricted UsesLoan Documents); and cannot, is not and for no other purposes whatsoever. Tenant will not be claimed as a homestead by any person, such right being expressly waived. (b) Mortgagor shall be responsible for determining whether such use is in lawful and shall use keep and maintain the Premises Real Estate and the waters free of any waste on, under or discharged from the Property in a cleancompliance with, careful, safe, lawful and proper manner and shall not allow within cause or permit the PremisesReal Estate to be in violation of, any offensive noisefederal, odorstate or local laws, conduct ordinances, regulations or private orders now or public nuisance hereafter in effect, including those relating to environmental conditions, air, water and land pollution, storage or permit Tenant's employeesdisposition of hazardous materials or toxic substances, agentszoning, licensees and land use planning. Mortgagor shall adopt, implement, keep in force and follow all appropriate monitoring, testing and management plans and procedures for handling, using, storing, transporting and disposing of all hazardous or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Projecttoxic substances, including asbestos-containing materials. Section 9.2 Tenant (c) Mortgagor shall: obtain, at Tenant's sole expense: maintain and not surrender, to the extent available under or required by applicable law, all permits, opinions, approvals, licenses, certificates and statements relating to the use, status or condition of the Collateral; and not suffer, approve or consent to any rezoning classification, modification or restriction applicable to the Real Estate, without the prior written consent of Mortgage. (ad) Mortgagor shall comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or Accessibility Regulations which imposes upon Landlord or Tenant any duty .or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (e) comply with all customary insurance requirements are applicable to the Premises; Property. In the event that (di) comply Lender reasonably believes that a material violation of an Accessibility Regulation may have occurred in connection with the provisions of any covenants, conditions or restrictions applicable to the Land or the BuildingProperty; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant ii) Lender receives notice of any such directive, order citation from Mortgagor or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord otherwise has knowledge that an event described in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Section 9.3 Tenant shall not use or permit the use of the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used iii general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) incurred by Landlord, its agents or employees as a result of Tenant's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-012.1(d) and that certain Phase II Environmental Assessment dated July 7pertaining to Accessibility Regulations has occurred; then, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports event, Mortgagor shall at its cost obtain and deliver to Lender an Accessibility Regulation compliance report relating to the Property or summaries are correctshall have any previously delivered materials updated and/or amplified, by a qualified consultant selected by Mortgagor and acceptable to Lender; if Mortgagor fails to do so within forty-five (45) days after such request is made, Lender shall have the right to do so, in which event Mortgagor shall reimburse Lender for the cost incurred by Lender in doing so within ten (10) days following demand therefor by Lender.