Common use of Use of Hazardous Substances Clause in Contracts

Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substances (as defined in Paragraph 6.6.7) to be spilled, leaked, disposed of or otherwise released on, under or about the Premises, the Outside Area or any other portion of the Park by Tenant, its employees, agents, contractors or invitees (each, a “Tenant Party”). Subject to the provisions of this Paragraph 6.6, (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, and (ii) Tenant may store such Hazardous Substances on the Premises, but only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use. Notwithstanding the foregoing, Tenant may use and store at the Premises small amounts of chlorinated solvents available for unregulated retail purchase (without any license, permit, approval or endorsement from any governmental entity) (a) only to the extent reasonably necessary to satisfy Tenant’s reasonable needs in connection with research and development and manufacturing of biopharmaceuticals, biotherapeutics, biotechnology, biomedical technology, bioprocessing technology, and biomanufacturing technology (the “R&D Use”); (b) only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the R&D Use; and (c) provided that chlorinated solvents are only handled and used by trained scientific professionals utilizing due care in accordance with all Environmental Laws and industry standards applicable to the storage, handling, and use of Hazardous Substances in connection with the R&D Use. In addition to complying with Paragraph 6.2, Tenant shall exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled or stored on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to use the Hazardous Substances identified on the attached Exhibit E, provided that (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, and (ii) Tenant may store such Hazardous Substances on the Premises, but only in quantities set forth on Exhibit E. Any use or storage of Hazardous Substances at the Premises shall be in compliance with all Applicable Laws, including but not limited to Environmental Laws.

Use of Hazardous Substances. (a) Tenant may utilize certain hazardous substances in the Premises provided that the specific types, amounts and proposed uses of such hazardous substances will require the approval of Landlord (which approval Landlord shall not cause unreasonably withhold, condition or permit delay) and the approval of any Hazardous Substances mortgagee of the Premises (to the extent provided in the loan documents with such mortgagee). In connection with any request by Tenant to utilize hazardous substances in the Premises, Tenant must demonstrate and document to Landlord's reasonable satisfaction that all hazardous substances utilized by Tenant in the Premises (i) are necessary or useful to Tenant's business, (ii) will be used, kept, and stored in a manner so as defined to prevent releases to the environment or exposure to people and in Paragraph 6.6.7) to be spilled, leaked, disposed of compliance with all environmental laws so brought or otherwise released on, under used or kept in or about the Premises, the Outside Area or any other portion of the Park by Tenant, its employees, agents, contractors or invitees and (each, a “Tenant Party”). Subject to the provisions of this Paragraph 6.6, (iiii) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy obtains, at Tenant’s reasonable needs in connection with the Permitted Use's sole cost and expense, any environmental permits, plans or approvals required for its operations under this Lease and (ii) Tenant may store such Hazardous Substances on for the Premises, but only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use. Notwithstanding the foregoing, Tenant may use and store at the Premises small amounts of chlorinated solvents available for unregulated retail purchase (without any license, permit, approval or endorsement from any governmental entity) (a) only to the extent reasonably necessary to satisfy Tenant’s reasonable needs in connection with research and development and manufacturing of biopharmaceuticals, biotherapeutics, biotechnology, biomedical technology, bioprocessing technology, and biomanufacturing technology (the “R&D Use”); (b) only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the R&D Use; and (c) provided that chlorinated solvents are only handled and used by trained scientific professionals utilizing due care in accordance with all Environmental Laws and industry standards applicable to the storage, handling, and use of Hazardous Substances in connection with the R&D Use. In addition to complying with Paragraph 6.2, Tenant shall exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled or stored on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to use the Hazardous Substances identified on the attached Exhibit E, provided that (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, and (ii) Tenant may store such Hazardous Substances on the Premisesincluding, but only in quantities set forth on Exhibit E. not limited to Hazardous Materials Business Plans, Storm Water Pollution Prevention Plans, Spill Response Plans, Air Pollution Control Permits, Waste Discharge Requirements and NPDES Permits. Any use or storage of Hazardous Substances such request by Tenant to utilize hazardous substances at the Premises shall be accompanied with copies of any Material Safety Data Sheets (as required by the Occupational Safety and Health Act) relating to such hazardous substances. Prior to bringing any hazardous substances on to the Premises pursuant to this section 6.4, Tenant shall complete the Landlord's Hazardous Substances Questionnaire in the form attached hereto as Exhibit D attached hereto and made a part hereof (a "Hazardous Substances Questionnaire"). Anything herein to the contrary notwithstanding, Tenant shall be permitted to use and store in the Premises hazardous substances that are identified on Tenant’s Hazardous Substances Questionnaire provided such use and storage of such hazardous substances is in compliance with all Applicable Lawsapplicable Legal Requirements, including but applicable environmental laws, and the conditions in clauses (i) through (iii) in this section 6.4(a) are satisfied. Tenant hereby certifies to Landlord that the information set forth in any Hazardous Substances Questionnaire completed by Tenant and delivered to Landlord is true, correct, and complete. Tenant covenants to comply with the use restrictions shown on such Hazardous Substances Exhibit, if any. In addition, Tenant also shall provide Material Safety Data Sheets (MSDS) for any hazardous substances stored on the Premises by Tenant. (b) Tenant's business and operations, and in particular, its handling, storage, use and disposal of hazardous substances, shall at all times comply with all applicable laws and regulations. Tenant shall secure and abide by all permits or approvals necessary for Tenant's operations on the Premises, and shall timely request renewals of any such permits or approvals. Xxxxxx further agrees that Xxxxxx will not limited permit any hazardous substances to come into contact with soil or groundwater under or around the Premises. Tenant will give all required notices concerning the presence in or on the Premises or the release of such hazardous substances from the Premises. Tenant shall give or post all notices required by all applicable laws. If Tenant shall at any time fail to comply with this section 6.4, Tenant shall immediately notify Landlord in writing of such noncompliance. (c) Any increase in the premiums for necessary insurance on the Building which arises from Tenant's use and/or storage of hazardous substances shall be solely at Tenant's expense. Tenant shall procure and maintain at its sole expense such additional insurance as may be necessary to comply with any requirement of any Federal, State or local governmental agency with jurisdiction. (d) Landlord may, upon reasonable advance notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord's sole expense. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental LawsLaw, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and Tenant must reimburse Landlord for the cost or fees reasonably incurred for such as Additional Rent. Tenant shall reimburse Landlord for the costs of any inspection, sampling and analysis that discloses contamination for which Tenant is liable under the terms of this section 6.

Use of Hazardous Substances. Tenant (a) Purchaser and affiliates shall not cause use, store, generate, process, transport, handle, release, or permit any dispose of Hazardous Substances, except in accordance with all applicable laws. (b) Purchaser shall not undertake, or allow others to undertake by Purchaser’s permission, acquiescence, or failure to act, activities that result in a release or threatened release of Hazardous Substances. (c) If use of Hazardous Substances (as defined in Paragraph 6.6.7) related to be spilled, leaked, disposed of or otherwise released on, under or about the Premises, the Outside Area or any other portion Purchaser’s use of the Park Harvest Area(s) results in violation of law: (1) Purchaser shall submit to State any plans for remedying the violations, and (2) Purchaser shall implement any remedial measures to restore the Harvest Area(s) or natural resources that State may require in addition to remedial measures required by Tenantregulatory authorities. (d) At a minimum, its employees, agents, contractors or invitees (each, a “Tenant Party”). Subject to Purchaser and affiliates shall observe the provisions of this Paragraph 6.6, (i) Tenant may use on the Premises only those following Hazardous Substances necessary operational standards. If the Washington Department of Ecology, U.S. Environmental Protection Agency or other regulatory agency establishes different standards applicable to satisfy TenantPurchaser’s reasonable needs in connection with activities under the Permitted Use, Purchaser shall meet the standard that provides greater protection to the environment. (1) Purchaser shall not store or allow others to store fuel tanks, petroleum products, hydraulic fluid, machinery coolants, lubricants and chemicals not in use in locations above the water surface. (ii2) Tenant may store such Hazardous Substances Purchaser shall inspect all equipment using petroleum products, hydraulic fluids, machinery coolants, chemicals, or other toxic or deleterious materials on the Premises, but only in quantities a monthly basis and immediately make all repairs necessary to satisfy Tenant’s reasonable needs stop leakage. Purchaser shall submit to State within three (3) working days of completion all monthly reports documenting inspections and repair/s. (3) Purchaser shall maintain a supply of oil spill containment materials and equipment adequate to contain a spill from the largest vessel in connection with the Permitted Use. Notwithstanding the foregoing, Tenant may use and store at the Premises small amounts of chlorinated solvents available for unregulated retail purchase (without any license, permit, approval or endorsement from any governmental entity) (a) only to the extent reasonably necessary to satisfy Tenant’s reasonable needs in connection with research and development and manufacturing of biopharmaceuticals, biotherapeutics, biotechnology, biomedical technology, bioprocessing technology, and biomanufacturing technology (the “R&D Use”); (b) only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the R&D Use; and (c) provided that chlorinated solvents are only handled and used by trained scientific professionals utilizing due care in accordance with all Environmental Laws and industry standards applicable to the storage, handling, and use of Hazardous Substances in connection with the R&D Use. In addition to complying with Paragraph 6.2, Tenant shall exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled or stored on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to use the Hazardous Substances identified on the attached Exhibit E, provided that (i) Tenant may use on the Premises only those Hazardous Substances necessary Harvest Area(s). (e) Purchaser shall incorporate best management practices to satisfy Tenant’s reasonable needs prevent the release of chemical contaminants, wastewater, garbage and other pollutants, as specified in connection with Resource Manual for Pollution Prevention in Marinas published by the Permitted UseWashington Department of Ecology, and (ii) Tenant may store such Hazardous Substances on publication number 98-11, available at xxxx://xxx.xxx.xx.xxx/biblio/9811.html. If the PremisesDepartment of Ecology or other regulatory agency establishes different standards, but only in quantities set forth on Exhibit E. Any use or storage of Hazardous Substances at Purchaser shall meet the Premises shall be in compliance with all Applicable Laws, including but not limited to Environmental Lawsmost protective standard.

Use of Hazardous Substances. Tenant 1. EMPLOYER shall not cause or permit any Hazardous Substances (as defined in Paragraph 6.6.7) use its best efforts to be spilled, leaked, disposed of or otherwise released on, under or about the Premises, the Outside Area or any other portion of the Park by Tenant, its employees, agents, contractors or invitees (each, a “Tenant Party”). Subject to the provisions of this Paragraph 6.6, (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, ensure that all performance and (ii) Tenant may store such Hazardous Substances on the Premises, but only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use. Notwithstanding the foregoing, Tenant may use and store at the Premises small amounts of chlorinated solvents available for unregulated retail purchase (without any license, permit, approval or endorsement rehearsal spaces are free from any governmental entity) (a) only known and recognized health and safety hazards such as contaminants and toxins or hazardous residues, including to the extent reasonably necessary practicable, mold and dust. EMPLOYER shall not permit the introduction of any substance or a higher concentration of any substance than applicable state and federal statutes and regulations permit. EMPLOYER will comply with all applicable government mandated procedures with respect 2. EMPLOYER will make the MSDS certificate for any special effects used in any production available and said effects will not be used in any manner which could be injurious to satisfy Tenant’s reasonable needs any ARTIST. EMPLOYER will make best efforts to ensure that all conduits and pipes employed to create fog or smoke effects shall be clean and free of mold, mildew, and/or other contaminants. 3. EMPLOYER will not use any smoke and/or fog devices or effects as set forth in connection with research and development and manufacturing Paragraph 4 below, unless each ARTIST scheduled to perform in that production is given forty-eight (48) hours advance notice of biopharmaceuticalsEMPLOYER's intended use of such devices. 4. EMPLOYER will use only water vapor or dry ice to create smoke or fog effects in any production, biotherapeutics, biotechnology, biomedical technology, bioprocessing technology, and biomanufacturing technology (the “R&D Use”); (b) only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the R&D Use; following exceptions, in which case any ARTIST that has a documented physical restriction which precludes them performing when something other than water vapor or dry ice is used to create smoke or fog effects will be excused from performing ‘In the Upper Room,’ without penalty: • Xxxxx Xxxxx'x "In the Upper Room” including a Photo Shoot specifically associated • Xxxxxxx Xxxx’x “Dracula” • Pyrotechnic effects previously used for the following pieces: • Xxxxxx Xxxxxxxx’s “The Nutcracker” • Current productions of Colorado Ballet’s “Sleeping Beauty” and (c) provided that chlorinated solvents are only handled and used by trained scientific professionals utilizing due care in accordance with all Environmental Laws and industry standards applicable to the storage, handling, and use of Hazardous Substances in connection with the R&D Use“Swan Lake” in 5. In addition to complying with Paragraph 6.2, Tenant shall exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled or stored on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right Should EMPLOYER desire to use effects other than water vapor or dry ice to create smoke or fog in any production, it must secure the Hazardous Substances identified on the attached Exhibit E, provided that (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, and (ii) Tenant may store agreement by AGMA of such Hazardous Substances on the Premises, but only in quantities set forth on Exhibit E. Any use or storage of Hazardous Substances at the Premises shall be in compliance with all Applicable Laws, including but not limited to Environmental Lawsuse.