Common use of Compliance with Environmental Law Clause in Contracts

Compliance with Environmental Law. a. Lessee shall, at Lessee’s own expense (unless necessitated by the actions or omissions of the Lessor, its commissioners, officers, employees, contractors or agents), or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination, comply with all present and hereinafter enacted environmental laws, statutes, regulations or ordinances of any type, kind or sort (any amendments thereto) which may affect Lessee’s operations during the term of this Lease (or any extension thereto). No goods, merchandise or material shall be kept, stored or sold in or on the Demised Premises which are explosive or hazardous; except for those moving in transport or necessary to the conduct of Lessee’s operation which are in compliance with all regulations governing the transportation and storage of such materials; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon. Nothing shall be done on the Demised Premises, other than as provided for in this Lease, which will increase the rate of or suspend the insurance upon said Demised Premises or to structures of Lessor. If Lessee causes any hazardous or toxic materials or substance to be spilled or placed at any time in, under or about the Demised Premises in quantities which either: (1) exceed permissible levels as defined by any applicable governmental rule, order, statute, regulation or other governmental requirement, as then in effect; or (2) pose an unlawful threat to the health and or safety of any employee, customer and/or invitee of either Lessor or Lessee, Lessee shall at Lessee’s expense, properly remove and dispose of or otherwise remedy, as the case may require, the same unless and except to the extent caused by Lessor’s actions or omissions. If more than one such governmental requirement shall apply, Lessee shall comply with the most stringent of such requirements. Lessee also specifically warrants that it shall immediately notify Lessor of (a) any correspondence or communication from any governmental entity regarding the application of environmental laws to the Demised Premises in question, and (b) any change in Lessee’s operation upon the Demised Premises that would change or has the potential to change Lessee’s or Lessor’s obligations and/or liabilities under any environmental laws, statutes, regulations or ordinances of any type, kind or short (and any amendments thereto). In addition, Lessee covenants and agrees to indemnify and hold harmless Lessor, its employees, agents, successors and assigns from and against any and all loss, damage and expense (including, but not limited to, reasonable investigation, legal fees and expenses) including, but not limited to, any claim or action for injury, liability, or damage to persons or property, or any and all claims or actions brought by any person, firm, governmental body or other entity, alleging or resulting from or arising from or in connection with contamination of or adverse effects upon the environment, or in violation of any environmental law or other statute or ordinance, rule, regulation, judgment or order of any governmental or judicial entity, and from and against any damages, liabilities, costs and penalties assessed as a result of any activity or operation of Lessee on the Demised Premises during the term of this Lease unless and except to the extent caused by Lessor’s actions or omissions, or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination. Lessee’s obligations and liabilities under this paragraph shall continue for so long as Lessor bears any potential liability or responsibility under any environmental laws for any action that occurred on the Demised Premises during Lessee’s use and occupancy unless and except to the extent caused by the Lessor’s actions or omissions, or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination. Lessee shall not be responsible for any environmental condition on the Demised Premises which exists prior to the date of commencement of this Lease. Lessor shall have the right to immediately enjoin any such conduct, actions or operations of Lessee upon the Demised Premises which may cause or have the potential to cause or raise the substantial likelihood that violations of any such environmental laws, statutes, ordinances, regulations, etc. will be violated.

Compliance with Environmental Law. a. Lessee shallhereby represents, at Lessee’s own expense (unless necessitated by the actions or omissions of the warrants, covenants and agrees with Lessor, its commissionersas follows: Lessee agrees that it will not intentionally permit the use, officersgeneration, employeesmanufacture, contractors disposal or agents), or the actions or omissions storage of any person toxic and/or "Hazardous Materials" in, on and/or around the Leased premises now or entity occupying, using, or causing a detrimental effect on at any future time. For the Demised Premises prior to the commencement date purposes of this Lease or subsequent to its termination, comply with all present and hereinafter enacted environmental laws, statutes, regulations or ordinances of any type, kind or sort (any amendments thereto) which may affect Lessee’s operations during the term of this Lease (or any extension thereto). No goods, merchandise or material shall be kept, stored or sold in or on the Demised Premises which are explosive or hazardous; except for those moving in transport or necessary to the conduct of Lessee’s operation which are in compliance with all regulations governing the transportation and storage of such materials; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon. Nothing shall be done on the Demised Premises, other than as provided for in this Lease, "Hazardous Materials" shall include, but shall not be limited to, any substances, material or waste which will increase is or becomes regulated by any state or local governmental or quasi-governmental authority, or by the rate United States government, or any agency thereof, including but not limited to the United States Environmental Protection Agency (collectively referred to herein as the "Governmental Authorities"). Notwithstanding the representations set forth in subparagraph above, Lessor, and Lessee acknowledge and agree that should Lessee use, store or maintain materials in the ordinary course of Lessee's business operations, which constitute Hazardous Materials, Lessee will: Obtain all required licenses, permits and other necessary agreements with respect to the permitted Materials from all applicable Governmental Authorities before using, storing or suspend the insurance upon said Demised Premises or to structures of Lessor. If Lessee causes any hazardous or toxic maintaining such materials or substance to be spilled or placed at any time in, under in or about the Demised Premises in quantities which either: (1) exceed permissible levels as defined by any applicable governmental ruleLeased Premises, order, statute, regulation or other governmental requirement, as then in effectand; or (2) pose an unlawful threat to the health and or safety of any employee, customer and/or invitee of either Lessor or Lessee, Lessee shall at Lessee’s expense, properly remove and dispose of or otherwise remedy, as the case may require, the same unless and except to the extent caused by Lessor’s actions or omissions. If more than one such governmental requirement shall apply, Lessee shall comply with the most stringent of such requirements. Lessee also specifically warrants that it shall immediately notify Lessor of (a) any correspondence or communication from any governmental entity regarding the application of environmental laws to the Demised Premises in question, and (b) any change in Lessee’s operation upon the Demised Premises that would change or has the potential to change Lessee’s or Lessor’s obligations and/or liabilities under any environmental laws, statutes, regulations or ordinances of any type, kind or short (and any amendments thereto). In addition, Lessee covenants and agrees to indemnify and hold harmless Lessor, its employees, agents, successors and assigns from and against any and all loss, damage and expense (including, but not limited to, reasonable investigation, legal fees and expenses) including, but not limited to, any claim or action for injury, liability, or damage to persons or property, or any and all claims or actions brought by any person, firm, governmental body or other entity, alleging or resulting from or arising from or in connection with contamination of or adverse effects upon the environment, or in violation of any environmental law or other statute or ordinance, rule, regulation, judgment or order of any governmental or judicial entity, and from and against any damages, liabilities, costs and penalties assessed as a result of any activity or operation of Lessee on the Demised Premises during the term of this Lease unless and except to the extent caused by Lessor’s actions or omissions, or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination. Lessee’s obligations and liabilities under this paragraph shall continue for so long as Lessor bears any potential liability or responsibility under any environmental laws for any action that occurred on the Demised Premises during Lessee’s use and occupancy unless and except to the extent caused by the Lessor’s actions or omissions, or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination. Lessee shall not be responsible for any environmental condition on the Demised Premises which exists prior to the date of commencement of this Lease. Lessor shall have the right to immediately enjoin any such conduct, actions or operations of Lessee upon the Demised Premises which may cause or have the potential to cause or raise the substantial likelihood that violations of any such environmental laws, statutes, ordinances, regulations, etcrules, court or administrative orders or decrees, licenses or permits, ("The Applicable Laws") of all applicable Governmental Authorities with respect to the Permitted Materials; and; Lessee shall maintain detailed and accurate books and records of receipt and disposal of the Permitted Material on the Leased Premises in accordance with the general standards of the industry in which Lessee operates, and such books and records shall account for and shall reveal no discrepancies between the receipt and disposal of such Permitted Materials; and Lessee shall immediately notify Lessor of any notice from any Governmental Authority received by lessee, or if Lessor should have reason to believe, that the Permitted Materials are being used, or stored in violation of Applicable Laws, or that there are hazardous materials other than the Permitted materials affecting any all or any portion of the Leased Premises. will Lessee shall thereafter immediately commence, at its sole expense, all remedial action necessary to eradicate the violations and to bring the Leased Premises in full compliance with all Applicable Laws, and shall diligently pursue to completion such necessary actions. In order to verify Lessee's compliance with this section, Lessor, at any time after receipt of notice of a violation of any Applicable Laws, may contract for the services of persons to perform environmental site assessments on the Leased Premises at Lessor's expense, to be violatedperformed at any time or times upon reasonable notice, and under reasonable conditions. Lessor shall have the option to require specific performance of Lessee's obligations hereunder. Lessee hereby indemnities and holds Lessor and lessor's Lender harmless from and against any loss, liability, cost expense, penalty, litigation, demand, defense, action, proceeding or disbursement (including reasonable attorneys' fees) which may be imposed upon Lessor in connection with the use or storage of the Permitted Materials, or which may result in connection with Materials other than the Permitted Materials, as they relate to the leased Premises or any surrounding areas. It is expressly agreed and understood that upon Lessee's vacation of the Leased Premises, Lessee, at Lessee's expense, shall leave the leased Premises "environmentally clean", as when delivered to Lessee.

Compliance with Environmental Law. a. Lessee Airline shall, at Lessee’s Airline's own expense (unless necessitated by the actions or omissions of the Lessor, its commissioners, officers, employees, contractors or agents), or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its terminationexpense, comply with all applicable present and hereinafter enacted Federal, State or local environmental laws, statutes, regulations or ordinances of any type, kind or sort (any amendments thereto) which may affect Lessee’s Airline's operations upon the Premises during the term of this Lease (or any extension thereto). No Except for goods or materials used or sold by Airline in the ordinary course of business and Airline 's use of the Premises as permitted in this Lease in compliance with applicable laws and regulations, no goods, merchandise or material shall be kept, stored or sold in or on the Demised Premises which are explosive or hazardous; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon except for those moving in transport or necessary to the conduct of Lessee’s Airline's operation which are in compliance with all applicable regulations governing the transportation and storage of such materials; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon. Nothing shall be done on the Demised Premises, other than as provided for in this Lease, which will increase the rate of or suspend the insurance upon said Demised Premises or to structures of LessorStillwater. If Lessee Airline causes any hazardous or toxic materials material s or substance to be spilled or placed at any time in, under or about the Demised Premises in quantities which either: (1I) exceed permissible levels as defined by any applicable governmental rule, order, statute, regulation or other governmental requirement, as then in effect; or (2) pose an unlawful a threat to the health and or safety of any employee, customer and/or invitee of either Lessor Stillwater or LesseeAirline, Lessee as reasonably determined by Stillwater, Airline shall at Lessee’s Airline's expense, properly remove and dispose of or otherwise remedy, as the case may require, the same unless and except to the extent caused by Lessor’s actions or omissionssame. If more than one such governmental requirement shall apply, Lessee Airline shall comply with the most stringent of such requirements. Lessee Airline also specifically warrants that it shall immediately promptly notify Lessor Stillwater of (a) any correspondence or communication from any governmental entity regarding the application of environmental laws to the Demised Premises in question, and (b) any change in Lessee’s operation or Airline's operations upon the Demised Premises that would change or has the potential to change Lessee’s or Lessor’s obligations and/or liabilities under any environmental lawsPremises, statutes, regulations or ordinances of any type, kind or short (and any amendments thereto). In addition, Lessee covenants and agrees to indemnify and hold harmless Lessor, its employees, agents, successors and assigns from and against any and all loss, damage and expense (including, but not limited to, reasonable investigation, legal fees and expenses) including, but not limited to, any claim or action for injury, liability, or damage to persons or property, or any and all claims or actions brought by any person, firm, governmental body or other entity, alleging or resulting from or arising from or in connection with contamination of or adverse effects upon the environment, or in violation of any environmental law or other statute or ordinance, rule, regulation, judgment or order of any governmental or judicial entity, and from and against any damages, liabilities, costs and penalties assessed as a result of any activity or operation of Lessee on the Demised Premises during the term of this Lease unless and except to the extent caused by Lessor’s actions or omissions, or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination. Lessee’s obligations and liabilities under this paragraph shall continue for so long as Lessor bears any potential liability or responsibility under any environmental laws for any action that occurred on the Demised Premises during Lessee’s use and occupancy unless and except to the extent caused by the Lessor’s actions or omissions, or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination. Lessee shall not be responsible for any environmental condition on the Demised Premises which exists prior to the date of commencement of this Lease. Lessor shall have the right to immediately enjoin any such conduct, actions or operations of Lessee upon the Demised Premises which may cause or have the potential to cause or raise the substantial likelihood that violations of any such environmental laws, statutes, ordinances, regulations, etc. will be violated.and

Compliance with Environmental Law. a. Lessee shall, at Lessee’s own expense (unless necessitated by the actions or omissions of the Lessor, its commissioners, officers, employees, contractors or agents), or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination, comply with all present and hereinafter enacted environmental laws, statutes, regulations or ordinances of any type, kind or sort (any amendments thereto) which may affect Lessee’s operations during the term of this Lease (or any extension thereto). No goods, merchandise or material shall be kept, stored or sold in or on the Demised Premises which are explosive or hazardous; except for those moving in transport or necessary to the conduct of Lessee’s operation which are in compliance with all regulations governing the transportation and storage of such materials; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon. Nothing shall be done on the Demised Premises, other than as provided for in this Lease, which will increase the rate of or suspend the insurance upon said Demised Premises or to structures of Lessor. If Lessee causes any hazardous or toxic materials or substance to be spilled or placed at any time in, under or about the Demised Premises in quantities which either: (1) exceed permissible levels as defined by any applicable governmental rule, order, statute, regulation or other governmental requirement, as then in effect; or (2) pose an unlawful threat to the health and or safety of any employee, customer and/or invitee of either Lessor or Lessee, Lessee shall at Lessee’s expense, properly remove and dispose of or otherwise remedy, as the case may require, the same unless and except to the extent caused by LessorXxxxxx’s actions or omissions. If more than one such governmental requirement shall apply, Lessee shall comply with the most stringent of such requirements. Lessee also specifically warrants that it shall immediately notify Lessor of (a) any correspondence or communication from any governmental entity regarding the application of environmental laws to the Demised Premises in question, and (b) any change in Lessee’s operation upon the Demised Premises that would change or has the potential to change Lessee’s or Lessor’s obligations and/or liabilities under any environmental laws, statutes, regulations or ordinances of any type, kind or short (and any amendments thereto). In addition, Lessee covenants and agrees to indemnify and hold harmless Lessor, its employees, agents, successors and assigns from and against any and all loss, damage and expense (including, but not limited to, reasonable investigation, legal fees and expenses) including, but not limited to, any claim or action for injury, liability, or damage to persons or property, or any and all claims or actions brought by any person, firm, governmental body or other entity, alleging or resulting from or arising from or in connection with contamination of or adverse effects upon the environment, or in violation of any environmental law or other statute or ordinance, rule, regulation, judgment or order of any governmental or judicial entity, and from and against any damages, liabilities, costs and penalties assessed as a result of any activity or operation of Lessee on the Demised Premises during the term of this Lease unless and except to the extent caused by Lessor’s actions or omissions, or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination. Lessee’s obligations and liabilities under this paragraph shall continue for so long as Lessor bears any potential liability or responsibility under any environmental laws for any action that occurred on the Demised Premises during LesseeXxxxxx’s use and occupancy unless and except to the extent caused by the Lessor’s actions or omissions, or the actions or omissions of any person or entity occupying, using, or causing a detrimental effect on the Demised Premises prior to the commencement date of this Lease or subsequent to its termination. Lessee shall not be responsible for any environmental condition on the Demised Premises which exists prior to the date of commencement of this Lease. Lessor shall have the right to immediately enjoin any such conduct, actions or operations of Lessee upon the Demised Premises which may cause or have the potential to cause or raise the substantial likelihood that violations of any such environmental laws, statutes, ordinances, regulations, etc. will be violated.