Common use of Use of Hazardous Material Clause in Contracts

Use of Hazardous Material. If the presence of hazardous material on the Leased Area caused or permitted by Tenant results in contamination of the Leased Area, or if contamination of the Leased Area by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased Area, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased Area, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material present in the soil or ground water on or under the Leased Area. Without limiting the foregoing, if the presence of any hazardous material on the Leased Area caused or permitted by Tenant results in any contamination of the Leased Area, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Area to the condition existing prior to the introduction of any such hazardous material to the Leased Area; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Area. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Use of Hazardous Material. If the presence any Hazardous Material is released, ------------------------- discharged or disposed of hazardous material on the Leased Area caused by Sublessee or permitted by Tenant results in contamination any other occupant of the Leased AreaSubleased Premises, or if contamination their employees, agents or contractors, on or about the Subleased Premises in violation of the Leased Area foregoing provisions, Sublessee shall immediately, properly and in compliance with applicable Laws clean up and remove the Hazardous Material from the Subleased Premises and any other affected property and clean or replace any affected personal property (whether or not owned by hazardous material otherwise occurs for which Tenant is legally liable Sublessor or Prime Landlord), at Sublessee's expense (without limiting Sublessor's other remedies therefor). Such clean up and removal work shall be subject to Landlord for damage resulting therefromSublessor's and Prime Landlord's prior written approval (except in emergencies), then Tenant and shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (includinginclude, without limitation, diminution in value of any testing, investigation, and the Leased Area, damages for the loss or restriction on use of rentable or usable space or preparation and implementation of any amenity of the Leased Area, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work remedial action plan required by any federalcourt or governmental body having jurisdiction or reasonably required by Sublessor or Prime Landlord. If Sublessor, state Prime Landlord or local any Lender or governmental agency body arranges for any tests or political subdivision because studies showing that this Section has been violated, Sublessee shall pay for the costs of hazardous material present in the soil such tests. If any Hazardous Material is released, discharged or ground water disposed of on or under about the Leased Area. Without limiting the foregoingSubleased Premises and such release, if the presence of any hazardous material on the Leased Area discharge or disposal is not caused by Sublessee or permitted by Tenant results in any contamination other occupants of the Leased AreaSubleased Premises, Tenant or their employees, agents or contractors, such release, discharge or disposal shall promptly take all actions at its sole expense as are necessary to return the Leased Area be deemed casualty damages to the condition existing prior to extent that the introduction of any Subleased Premises are affected thereby; in such hazardous material to case, Sublessee and Sublessor shall have the Leased Area; obligations and rights respecting such casualty damage provided that Landlord’s approval of under such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Area. The foregoing indemnity shall survive the expiration or earlier termination Section 15 of this LeaseSublease.

Use of Hazardous Material. If the presence of 1. Tenant shall not cause or permit any hazardous material on to be brought upon, kept or used in or about the Leased Area caused Premises by Tenant, its agents, employees, contractors or permitted by invitees. If Tenant results in contamination of breaches this obligation, the Leased Area, or if contamination of the Leased Area by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased AreaPremises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased AreaBuilding, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys’ ' fees, consultant fees and expert fees) fees which arise during or after the lease term of the Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, cleanup remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material Hazardous Material present in the soil or ground water on or under the Leased AreaDemised Premises. Without limiting the foregoing, if the presence of any hazardous material Hazardous Material on the Leased Area Demised Premises caused or permitted by Tenant results in any contamination of the Leased AreaDemised Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Area Demised Premises to the condition existing conditions existIng prior to the introduction of any such hazardous material Hazardous Material to the Leased AreaPremises; provided that Landlord’s 's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect affect on the Leased AreaDemised Premises. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. 2. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (140 CFR Part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any applicable local, state or federal law.

Use of Hazardous Material. (A) Tenant shall (i) not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Demised Premises by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Demised Premises. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of hazardous material Hazardous Material on the Leased Area Demised Premises caused or permitted by Tenant Tenant, its agents, employees, contractors or invitees results in contamination of the Leased AreaDemised Premises, or of if contamination of the Leased Area Demised Premises by hazardous material any Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased AreaDemised Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased AreaDemised Premises, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys’ attorney's fees, consultant fees and expert fees) which arise during or after the lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material any Hazardous Material introduced by Tenant and present in the soil or ground water on or under the Leased AreaDemised Premises. Without limiting the foregoing, if the presence of any hazardous material Hazardous Material on the Leased Area Demised Premises caused or permitted by Tenant Tenant, its agents, employees, contractors, or invitees results in any contamination of the Leased AreaDemised Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Area Demised Premises to the condition existing prior to the introduction of any such hazardous material Hazardous Material to the Leased AreaDemised Premises; provided that Landlord’s 's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Areawithheld. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Use of Hazardous Material. (a) Tenant shall (i) not cause or knowingly permit any Hazardous Material to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees without notifying Landlord as set forth in subparagraph (c), below. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of hazardous material Hazardous Material on the Leased Area Premises caused or knowingly permitted by Tenant results in contamination of the Leased Area, or if contamination of the Leased Area by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromPremises, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased Area, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased Area, damages arising from any adverse impact on marketing of space, and including reasonable sums paid in settlement of claims, attorneys’ attorney fees, consultant fees fees, and expert fees) which arise during or after the lease term as a direct result of such contaminationcontamination caused by the acts or negligence of Tenant, its agents, employees, or invitees. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental government agency or political subdivision because of hazardous material Hazardous Material present in the soil or ground water on or under the Leased AreaPremises which results from the presence of Hazardous Material on the property caused or knowingly permitted by Tenant. Without limiting the foregoing, if the presence of any hazardous material Hazardous Material on the Leased Area Premises caused or knowingly permitted by Tenant results in any contamination of the Leased AreaPremises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Area Premises to the condition existing prior to the introduction of any such hazardous material Hazardous Material to the Leased Area; Premises: provided that Landlord’s 's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term withheld, conditioned or short-term effect on the Leased Areadelayed. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall not be liable for and shall have no duty to indemnify Landlord for any contamination to the soil or groundwater which results through the leakage of Hazardous Material from the surrounding properties and if any contamination is caused by a direct result of the acts or negligence of Landlord, its agents, employees or invitees. Premises; provided that obtained, which approval delayed. The foregoing termination of this Lease. (b) As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, defined by a governmental law, including, but not limited to, those substances, material, and wastes listed in the United States Department of Transportation Hazardous materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, and shall also include, asbestos, polychlorinated biphenyls ("PCBs"), petroleum, and petroleum based derivatives and/or compounds, and urea formaldehyde.

Use of Hazardous Material. (a) Tenant shall only cause or permit any ------------------------- Hazardous Material (as hereafter defined) to be brought upon, kept, or used in or about the Premises by Tenant, its agents, employees, contractors, or invitees, as long as such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, and stored in a manner that complies with all laws, rules, regulations, decrees and orders regulating any such Hazardous Material so brought upon or used or kept in or about the Premises. If Tenant, or any of its licensees or invitees, breaches the obligations stated in the preceding sentence, or if the presence of hazardous material Hazardous Material on the Leased Area Premises which is caused or permitted by Tenant Tenant, or any of its licensees or invitees, results in contamination of the Leased AreaPremises, or if contamination of the Leased Area Premises by hazardous material Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend defend, and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the Leased AreaPremises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased AreaPremises, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, and reasonable attorneys’ ' consultants fees, consultant fees and expert experts' fees) ), which arise during or after the lease Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-clean- up, remedial, removal removal, or restoration work required by any federal, state state, or local governmental agency or political subdivision because of hazardous material Hazardous Material present in the soil or ground water on or under the Leased AreaPremises for which Tenant is otherwise responsible under this paragraph 29. Without limiting the foregoing, if the presence of any hazardous material Hazardous Material for which Tenant is otherwise responsible under this Paragraph 29, on the Leased Area Premises which is caused or permitted by Tenant Tenant, or any of its licensees or invitees, results in any contamination of the Leased AreaPremises, Tenant shall promptly take all actions corrective actions, at its sole expense expense, as are necessary to return the Leased Area to the condition existing prior to the introduction of any such hazardous material to the Leased Area; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Area. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.required by

Use of Hazardous Material. If the presence of 1. Tenant shall not cause or permit any hazardous material on to be brought upon, kept or used in or about the Leased Area caused Premises by Tenant, its agents, employees, contractors or permitted by invitees. If Tenant results in contamination of breaches this obligation, the Leased Area, or if contamination of the Leased Area by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased AreaPremises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased AreaBuilding, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys’ attorney's fees, consultant fees and expert fees) fees which arise during or after the lease term of the Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material Hazardous Material present in the soil or ground water on or under the Leased AreaDemised Premises. Without limiting the foregoing, if the presence of any hazardous material Hazardous Material on the Leased Area Demised Premises caused or permitted by Tenant tenant results in any contamination of the Leased AreaDemised Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Area Demised Premises to the condition conditions existing prior to the introduction of any such hazardous material Hazardous Material to the Leased AreaDemised Premises; provided that Landlord’s 's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld withhold so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased AreaDemised Premises. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. 2. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (140 CFR Part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any applicable local, state or federal law.

Use of Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Demised Premises by Tenant, its agents, employees, contractors, or invitees without the prior written consent of Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant’s business and will be used, kept, and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Demised Premises. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of hazardous material Hazardous Material on the Leased Area Demised Premises caused or permitted by Tenant results in contamination of the Leased AreaDemised Premises, or if contamination of the Leased Area Demised Premises by hazardous material Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend defend, and hold Landlord harmless from any and all claims, judgmentsjudgements, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the Leased AreaDemised Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased AreaDemised Premises, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys’ fees, consultant fees fees, and expert fees) which arise during or after the lease term Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal removal, or restoration work required by any federal, state state, or local governmental agency or political subdivision because of hazardous material Hazardous Material present in the soil or ground water on or under the Leased AreaDemised Premises. Without limiting the foregoing, if the presence of any hazardous material Hazardous Material on the Leased Area Demised Premises caused or permitted by Tenant results in any contamination of the Leased AreaDemised Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Area Demised Premises to the condition conditions existing prior to the introduction of any such hazardous material Hazardous Material to the Leased AreaDemised Premises; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased AreaDemised Premises. The foregoing indemnity indemnify shall survive the expiration or earlier termination of this Leaselease.

Use of Hazardous Material. Tenant shall: (1) not cause or permit any Hazardous Material be to brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors invitees without prior written consent of Landlord; such consent shall not be unreasonably withheld as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant’s business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material brought upon, used or stored in or about the Premises. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of hazardous material Hazardous Material on the Leased Area Premises caused or permitted by Tenant results in contamination of the Leased AreaPremises, or if contamination of the Leased Area Premises by hazardous material Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromthere-from, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased Areacondominium property, damages for the loss or of restriction on use of rentable or usable space or of any amenity of the Leased Areacondominium property of which the Premises are a part, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claimsclams, attorneys’ attorney’s fees, consultant fees and expert (fees) which arise during or after the lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, limitation costs incurred in connection with any investigation of site conditions or any nay clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision authority because of hazardous material Hazardous Material present in the soil or ground water on or under the Leased Areacondominium property. Without limiting the foregoing, if the presence of if any hazardous material Hazardous Material on the Leased Area Premises caused or permitted by Tenant results in any contamination of the Leased AreaPremises or the condominium property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Area condominium property to the condition existing prior to the introduction of any such hazardous material to the Leased AreaHazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Areaeffect. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. (2) As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any applicable locals, state or federal law.

Use of Hazardous Material. (a) Tenant shall not cause or permit Hazardous Material to be brought upon, kept or used in or about the premises by Tenant, its agents, employees, contractors or invitees. If Tenant breaches this obligation, the presence of hazardous material on the Leased Area caused or permitted by Tenant results in contamination of the Leased Area, or if contamination of the Leased Area by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgmentsjudgements, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased Areapremises, damages for the loss or restriction on use of rentable or usable useable space or of any amenity of the Leased Areapremises, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys’ attorney's fees, consultant fees and expert fees) which arise during or after the lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material Hazardous Material present in the soil or ground water on or under the Leased Areapremises. Without limiting the foregoing, if the presence of any hazardous material Hazardous Material on the Leased Area premises caused or permitted by Tenant results in any contamination of the Leased Areapremises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Area premises to the condition existing prior to the introduction of any such hazardous material Hazardous Material to the Leased Areapremises; provided that Landlord’s 's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Areapremises. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. (b) As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Pare 302) and amendments thereto, or