Common use of Use of Hazardous Substances Clause in Contracts

Use of Hazardous Substances. 13.1 Licensee shall participate in University’s Pre-Operational Safety, Health and Environmental Review (“POSHER”), as provided in Appendix 7, as part of its selection and admission process. Any use of Hazardous Substances by Licensee shall be governed by Licensee’s POSHER. For purposes of this Agreement, “Hazardous Substance” means, without limitation, any substance or condition (including mold) that could pose a reasonable threat to human health as established with reasonable medical certainty, and any flammable, explosives, radioactive materials, asbestos, formaldehyde foam insulation, polychlorinated biphenyls, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq.), Articles 15 and 27 of the New York State Environmental Conservation Law or any other currently applicable Environmental Law and regulations promulgated thereunder. Licensee’s POSHER form and any updates thereto are attached as Appendix 7. 13.2 No Hazardous Substances may be brought onto the Premises without the prior written consent of University. Licensee may not increase the amount of any approved amount of Hazardous Substance without the prior written consent of University. See Appendix 7 for further details. 13.3 Licensee shall be solely responsible for obtaining any permits required to use, handle or store Hazardous Substances at the Premises. 13.4 Licensee shall immediately notify University of any release of Hazardous Substances arising from or related to Licensee’s activity on the Premises and shall be responsible for the costs of remediating any resultant damage to property, persons, and/or the environment. Licensee shall also immediately notify University of any other release of Hazardous Substances at the Premises of which it becomes aware. 13.5 Licensee shall arrange with University for the proper transportation and treatment, storage, recycling, use, reuse or disposal of all Hazardous Substances which Licensee no longer uses, or which are “wastes” to Licensee. 13.6 Licensee shall provide University with MSDS sheets for any chemical entity that it uses or intends to use or stores or intends to store, whether deemed a Hazardous Substance or not, prior to Licensee’s first-time receipt of that specific chemical entity onto the Premises. 13.7 Licensee shall upon expiration or termination of this Agreement, surrender the Premises to University free from the presence and contamination of any Hazardous Substance. 13.8 Following any breach by Licensee of the provisions of this Section, or in response to any reasonable safety or environmental concern by University, University may withdraw its consent to Licensee’s Hazardous Substance activity (or any portion thereof) by written notice to Licensee, and in such event, Licensee immediately shall terminate its Hazardous Substance activity and shall remove all Hazardous Substances from the Premises within (5) days from the date of such notice unless such breach or concern is promptly addressed and corrected by Licensee, to University’s sole satisfaction.

Use of Hazardous Substances. 13.1 Licensee shall participate in University’s Pre-Operational Safety, Health and & Environmental Review (“POSHER”), as provided in Appendix 7, as part of its selection and admission process. Any use of ) prior to introducing any Hazardous Substances by to the Premises. Following the initial POSHER, Licensee shall be governed by Licensee’s POSHERgive University prior written notice of any proposed changes to its list of approved Hazardous Substances. For purposes of this Agreement, “Hazardous Substance” means, without limitation, any substance or condition (including mold) that could pose a reasonable threat to human health as established with reasonable medical certainty, and any flammable, explosives, radioactive materials, asbestos, formaldehyde foam insulation, polychlorinated biphenyls, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq.), Articles 15 and 27 of the New York State Environmental Conservation Law or any other currently applicable Environmental Law and regulations promulgated thereunder. Licensee’s POSHER form and any updates thereto are attached as Appendix 7. 13.2 No Hazardous Substances may be brought onto the Premises without the prior written consent of University. Licensee may not increase the amount of any approved amount of Hazardous Substance without the prior written consent of University. See Appendix 7 for further details. 13.3 Licensee shall be solely responsible for obtaining any permits required to use, handle or store Hazardous Substances at the Premises. 13.4 13.3 Licensee shall immediately notify University of any release of Hazardous Substances arising from or related to Licensee’s activity on the Premises and shall be responsible for the costs of remediating any resultant damage to property, persons, and/or the environment. Licensee shall also immediately notify University of any other release of Hazardous Substances at the Premises of which it becomes aware. 13.5 13.4 Licensee shall arrange with University for the proper transportation and treatment, storage, recycling, use, reuse or disposal of all Hazardous Substances which Licensee no longer uses, uses or which are “wastes” to Licensee. 13.6 13.5 Licensee shall provide University with MSDS sheets for any chemical entity that it uses or intends to use or stores or intends to store, whether deemed a Hazardous Substance or not, prior to Licensee’s first-time receipt of that specific chemical entity onto the Premises. 13.7 13.6 Licensee shall upon expiration or termination of this Agreement, surrender the Premises to University free from the presence and contamination of any Hazardous Substance. 13.8 13.7 Following any breach by Licensee of the provisions of this Section, or in response to any reasonable safety or environmental concern by University, University may withdraw its consent to Licensee’s Hazardous Substance activity (or any portion thereof) by written notice to Licensee, and in such event, Licensee immediately shall terminate its Hazardous Substance activity and shall remove all Hazardous Substances from the Premises within fifteen (515) days from the date of such notice unless such breach or concern is promptly addressed and corrected by Licensee, to University’s sole satisfaction.

Use of Hazardous Substances. 13.1 Licensee shall participate in University’s Pre-Operational Safety, Health and Environmental Review (“POSHERPOSER”), as provided in Appendix 7, as part of its selection and admission process. Any use of Hazardous Substances by Licensee shall be governed by Licensee’s POSHERPOSER. For purposes of this Agreement, “Hazardous Substance” means, without limitation, any substance or condition (including mold) that could pose a reasonable threat to human health as established with reasonable medical certainty, and any flammable, explosives, radioactive materials, asbestos, formaldehyde foam insulation, polychlorinated biphenyls, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq.), Articles 15 and 27 of the New York State Environmental Conservation Law or any other currently applicable Environmental Law and regulations promulgated thereunder. Licensee’s POSHER POSER form and any updates thereto are attached as Appendix 7. 13.2 No Hazardous Substances may be brought onto the Premises without the prior written consent of University. Licensee may not increase the amount of any approved amount of Hazardous Substance without the prior written consent of University. See Appendix 7 for further details. 13.3 Licensee shall be solely responsible for obtaining any permits required to use, handle or store Hazardous Substances at the Premises. 13.4 Licensee shall immediately notify University of any release of Hazardous Substances arising from or related to Licensee’s activity on the Premises and shall be responsible for the costs of remediating any resultant damage to property, persons, and/or the environment. Licensee shall also immediately notify University of any other release of Hazardous Substances at the Premises of which it becomes aware. 13.5 Licensee shall arrange with University for the proper transportation and treatment, storage, recycling, use, reuse or disposal of all Hazardous Substances which Licensee no longer uses, or which are “wastes” to Licensee. 13.6 Licensee shall provide University with MSDS sheets for any chemical entity that it uses or intends to use or stores or intends to store, whether deemed a Hazardous Substance or not, prior to Licensee’s first-time receipt of that specific chemical entity onto the Premises. 13.7 Licensee shall upon expiration or termination of this Agreement, surrender the Premises to University free from the presence and contamination of any Hazardous Substance. 13.8 Following any breach by Licensee of the provisions of this Section, or in response to any reasonable safety or environmental concern by University, University may withdraw its consent to Licensee’s Hazardous Substance activity (or any portion thereof) by written notice to Licensee, and in such event, Licensee immediately shall terminate its Hazardous Substance activity and shall remove all Hazardous Substances from the Premises within fifteen (515) days from the date of such notice unless such breach or concern is promptly addressed and corrected by Licensee, to University’s sole satisfaction.

Use of Hazardous Substances. 13.1 Licensee shall participate in University’s Pre-Operational Safety, Health Safety and Environmental Review (“POSHERPOSER”), as provided in Appendix 7, as part of its selection and admission process. Any use of Hazardous Substances by Licensee shall be governed by Licensee’s POSHERPOSER. For purposes of this Agreement, “Hazardous Substance” means, without limitation, any substance or condition (including mold) that could pose a reasonable threat to human health as established with reasonable medical certainty, and any flammable, explosives, radioactive materials, asbestos, formaldehyde foam insulation, polychlorinated biphenyls, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq.), Articles 15 and 27 of the New York State Environmental Conservation Law or any other currently applicable Environmental Law and regulations promulgated thereunder. Licensee’s POSHER POSER form and any updates thereto are attached as Appendix 7. 13.2 No Hazardous Substances may be brought onto the Premises without the prior written consent of University. Licensee may not increase the amount of any approved amount of Hazardous Substance without the prior written consent of University. See Appendix 7 for further details. 13.3 Licensee shall be solely responsible for obtaining any permits required to use, handle or store Hazardous Substances at the Premises. 13.4 Licensee shall immediately notify University of any release of Hazardous Substances arising from or related to Licensee’s activity on the Premises and shall be responsible for the costs of remediating any resultant damage to property, persons, and/or the environment. Licensee shall also immediately notify University of any other release of Hazardous Substances at the Premises of which it becomes aware. 13.5 Licensee shall arrange with University for the proper transportation and treatment, storage, recycling, use, reuse or disposal of all Hazardous Substances which Licensee no longer uses, uses or which are “wastes” to Licensee. 13.6 Licensee shall provide University with MSDS sheets for any chemical entity that it uses or intends to use or stores or intends to store, whether deemed a Hazardous Substance or not, prior to Licensee’s first-time receipt of that specific chemical entity onto the Premises. 13.7 Licensee shall upon expiration or termination of this Agreement, surrender the Premises to University free from the presence and contamination of any Hazardous Substance. 13.8 Following any breach by Licensee of the provisions of this Section, or in response to any reasonable safety or environmental concern by University, University may withdraw its consent to Licensee’s Hazardous Substance activity (or any portion thereof) by written notice to Licensee, and in such event, Licensee immediately shall terminate its Hazardous Substance activity and shall remove all Hazardous Substances from the Premises within fifteen (515) days from the date of such notice unless such breach or concern is promptly addressed and corrected by Licensee, to University’s sole satisfaction.

Use of Hazardous Substances. 13.1 Licensee shall participate in University’s Pre-Operational Safety, Health and & Environmental Review (“POSHER”), as provided in Appendix 7, as part of its selection and admission process. Any use of ) prior to introducing any Hazardous Substances by to the Premises. Following the initial POSHER, Licensee shall be governed by Licensee’s POSHERgive University prior written notice of any proposed changes to its list of approved Hazardous Substances. For purposes of this Agreement, “Hazardous Substance” means, without limitation, any substance or condition (including mold) that could pose a reasonable threat to human health as established with reasonable medical certainty, and any flammable, explosives, radioactive materials, asbestos, formaldehyde foam insulation, polychlorinated biphenyls, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq.), Articles 15 and 27 of the New York State Environmental Conservation Law or any other currently applicable Environmental Law and regulations promulgated thereunder. Licensee’s POSHER form and any updates thereto are attached as Appendix 7. 13.2 No Hazardous Substances may be brought onto the Premises without the prior written consent of University. Licensee may not increase the amount of any approved amount of Hazardous Substance without the prior written consent of University. See Appendix 7 for further details. 13.3 Licensee shall be solely responsible for obtaining any permits required to use, handle or store Hazardous Substances at the Premises. 13.4 Licensee shall immediately notify University of any release of Hazardous Substances arising from or related to Licensee’s activity on the Premises and shall be responsible for the costs of remediating any resultant damage to property, persons, and/or the environment. Licensee shall also immediately notify University of any other release of Hazardous Substances at the Premises of which it becomes aware. 13.5 Licensee shall arrange with University for the proper transportation and treatment, storage, recycling, use, reuse or disposal of all Hazardous Substances which Licensee no longer uses, uses or which are “wastes” to Licensee. 13.6 Licensee shall provide University with MSDS sheets for any chemical entity that it uses or intends to use or stores or intends to store, whether deemed a Hazardous Substance or not, prior to Licensee’s first-time receipt of that specific chemical entity onto the Premises. 13.7 Licensee shall upon expiration or termination of this Agreement, surrender the Premises to University free from the presence and contamination of any Hazardous Substance. 13.8 Following any breach by Licensee of the provisions of this Section, or in response to any reasonable safety or environmental concern by University, University may withdraw its consent to Licensee’s Hazardous Substance activity (or any portion thereof) by written notice to Licensee, and in such event, Licensee immediately shall terminate its Hazardous Substance activity and shall remove all Hazardous Substances from the Premises within fifteen (515) days from the date of such notice unless such breach or concern is promptly addressed and corrected by Licensee, to University’s sole satisfaction.