Common use of Compliance with Environmental Requirements Clause in Contracts

Compliance with Environmental Requirements. Vendor shall comply with all Legal Requirements relating to land and property use, air, soil, surface water, storm water, groundwater (including but not limited to the protection, cleanup, removal, remediation, or damage thereof), human health and safety or any other environmental matter, hazardous or toxic substances, materials or wastes, pollutants, or contaminants (collectively “Environmental Requirements”). Without limiting the generality of the foregoing, Vendor shall comply with all Environmental Requirements governing discharges to land and water, including but not limited to compliance with the applicable terms and conditions of any National and State Pollutant Discharge Elimination System permits, General Stormwater permits, site-specific Stormwater Pollution Prevention Plans, site-specific Facility Response Plans, and Spill Prevention Control and Countermeasure Plans applicable to Vendor or Alaska. Vendor shall not cause or permit any hazardous substance to be brought onto Alaska’s facilities without the prior approval of Alaska. Vendor shall conduct all Services required under the Repair Order in a reasonably prudent manner taking all reasonable precautions to avoid environmental impacts, including but not limited to spills, leaks, releases, or unpermitted disposal of hazardous substances. Vendor shall be solely responsible for proper management and disposal of any hazardous waste generated during its performance of the Services. Vendor shall not discharge or dispose of any hazardous substances, on or off-site, regardless of quantity, matrix, or concentration, into or out of the airport fuel system or associated or airport storm water and or sanitary sewer systems and plumbing facilities, except in accordance with applicable Environmental Requirements and Alaska and airport rules and regulations. In the event of a spill or other release of any solvent, oil, fuel, or other hazardous substance that occurs in connection with the performance of the Services, Vendor shall promptly take all actions necessary to clean up and remediate the same and properly manage any resulting hazardous waste. Unless any such spill is primarily attributable to the negligence or willful misconduct of Alaska, Vendor shall bear all costs for such clean-up and remediation, and indemnify, defend, and hold Alaska harmless from any related Claims, including but not limited to fines imposed by any government authority. If such spill is reportable to any government authority (excluding any de minimis spill which is definitively not required to be reported), Vendor shall provide Alaska with a written report that covers the facts and explains the nature of the clean-up undertaken and provide all legally required notices and file all required forms relating to any such spill.

Compliance with Environmental Requirements. Vendor shall comply with all Legal Requirements relating Without limitation to land and property use, air, soil, surface water, storm water, groundwater (including but not limited to the protection, cleanup, removal, remediation, or damage thereof), human health and safety or any other environmental matter, hazardous or toxic substances, materials or wastes, pollutants, or contaminants (collectively “Environmental Requirements”). Without limiting the generality of the foregoingSubsection 3.2 (Restriction on Use), Vendor shall Tenant shall, at its own expense, use commercially reasonable efforts to comply with all Environmental Requirements governing discharges Requirements, prudent industry practices, and Landlord’s Rules and Regulations regarding use, handling, disturbance, management, or disposal of Hazardous Substances pertaining to land the Premises and waterFacility, including but except as otherwise provided in Subsection 8.5 below. Except as discharged into the sanitary sewer in strict accordance and conformity with all applicable Environmental Requirements, Tenant shall cause any and all Hazardous Substances removed from the Premises (or from any other portion of the Facility, if their removal is at the instance or direction of Tenant) to be removed and transported solely by duly licensed haulers to duly licensed facilities for final disposal of such materials and wastes. Upon expiration or earlier termination of the Term, Tenant shall cause to be removed from the Premises and the Facility all Hazardous Substances that Tenant or any Tenant Parties or Tenant Invitees caused or authorized to be located there; provided, however, that Tenant shall not limited be responsible for removing Hazardous Substances Landlord caused to compliance with be located in the applicable terms Premises, and conditions Landlord shall be responsible for any governmentally required removal of same. If the presence of Hazardous Substances brought onto the Facility by any of such persons results in contamination of any National and State Pollutant Discharge Elimination System permitsportion of the Facility, General Stormwater permits, site-specific Stormwater Pollution Prevention Plans, site-specific Facility Response Plans, and Spill Prevention Control and Countermeasure Plans applicable to Vendor or Alaska. Vendor shall not cause or permit any hazardous substance to be brought onto Alaska’s facilities without the prior approval of Alaska. Vendor shall conduct all Services required under the Repair Order in a reasonably prudent manner taking all reasonable precautions to avoid environmental impacts, including but not limited to spills, leaks, releases, or unpermitted disposal of hazardous substances. Vendor Tenant shall be solely responsible responsible, at its sole expense, for proper management taking any and disposal of any hazardous waste generated during its performance all necessary steps to return the affected portion of the Services. Vendor Facility to its condition prior to such contamination, as reasonably determined by Landlord; provided, however, that Tenant shall not discharge or dispose of take any hazardous substances, on or off-site, regardless of quantity, matrix, or concentration, into or out of the airport fuel system or associated or airport storm water and or sanitary sewer systems and plumbing facilities, remedial action (except in accordance with applicable Environmental Requirements and Alaska and airport rules and regulations. In emergencies) in response to the event of a spill or other release of presence of, nor enter into any solventsettlement agreement, oil, fuelconsent decree, or other hazardous substance compromise in respect to any claims relating to, any Hazardous Substance in any way connected with the Facility, without first notifying Landlord of Tenant’s intention to do so and affording Landlord ample opportunity to appear, intervene, or otherwise appropriately assert and protect Landlord’s interest with respect thereto; and further provided, that occurs Landlord shall have the right (but not the obligation) to perform any such remediation on Tenant’s behalf, in which event Tenant shall reimburse Landlord for all of Landlord’s reasonable costs and expenses incurred in connection with the performance of the Services, Vendor shall promptly take all actions necessary to clean up and remediate the same and properly manage any resulting hazardous waste. Unless any such spill is primarily attributable to the negligence or willful misconduct of Alaska, Vendor shall bear all costs for such clean-up and remediation, and indemnify, defend, and hold Alaska harmless from any related Claims, including but not limited to fines imposed by any government authority. If such spill is reportable to any government authority (excluding any de minimis spill which is definitively not required to be reported), Vendor shall provide Alaska with a written report that covers the facts and explains the nature of the clean-up undertaken and provide all legally required notices and file all required forms relating to any such spilltherewith.

Compliance with Environmental Requirements. Vendor Tenant, at its sole cost and expense, shall comply with all Legal Requirements applicable laws relating to land any Hazardous Material, (as that term is defined in Section 25260 of the California Health and property useSafety Code, air, soil, surface water, storm water, groundwater (including but not limited as amended from time to the protection, cleanup, removal, remediation, or damage thereof), human health and safety or any other environmental matter, hazardous or toxic substances, materials or wastes, pollutants, or contaminants (collectively “Environmental Requirements”time). Without limiting limitation to the generality of the foregoingSection 3.2 (Restriction on Use), Vendor shall Tenant shall, at its own expense, use commercially reasonable efforts to comply with all Environmental Requirements governing discharges Requirements, prudent industry practices, and Landlord’s Rules and Regulations regarding use, handling, disturbance, management, or disposal of Hazardous Substances pertaining to land the Premises and waterFacility. Except as discharged into the sanitary sewer in strict accordance and conformity with all applicable Environmental Requirements, including but Tenant shall cause any and all Hazardous Substances removed from the Premises (or from any other portion of the Facility, if their removal is at the instance or direction of Tenant) to be removed and transported solely by duly licensed haulers to duly licensed facilities for final disposal of such materials and wastes. Upon expiration or earlier termination of the Term, Tenant shall cause to be removed from the Premises and the Facility all Hazardous Substances that Tenant or any Tenant Parties or Tenant Invitees caused or authorized to be located there; provided, however, that Tenant shall not limited be responsible for removing Hazardous Substances caused to compliance with be located in the applicable terms and conditions Premises or within or under the Building that are not caused Tenant or Tenant Parties or that were otherwise existing in the Premises or within or under the Building as of the Commencement Date for the Lower Premises or Upper Premises, as applicable. If the presence of Hazardous Substances brought onto the Facility by Tenant or any Tenant Party results in contamination of any National and State Pollutant Discharge Elimination System permitsportion of the Facility, General Stormwater permits, site-specific Stormwater Pollution Prevention Plans, site-specific Facility Response Plans, and Spill Prevention Control and Countermeasure Plans applicable to Vendor or Alaska. Vendor shall not cause or permit any hazardous substance to be brought onto Alaska’s facilities without the prior approval of Alaska. Vendor shall conduct all Services required under the Repair Order in a reasonably prudent manner taking all reasonable precautions to avoid environmental impacts, including but not limited to spills, leaks, releases, or unpermitted disposal of hazardous substances. Vendor Tenant shall be solely responsible responsible, at its sole expense, for proper management taking any and disposal of any hazardous waste generated during its performance all necessary steps to return the affected portion of the Services. Vendor Facility to its condition prior to such contamination, as reasonably determined by Landlord; provided, however, that Tenant shall not discharge or dispose of take any hazardous substances, on or off-site, regardless of quantity, matrix, or concentration, into or out of the airport fuel system or associated or airport storm water and or sanitary sewer systems and plumbing facilities, remedial action (except in accordance with applicable Environmental Requirements and Alaska and airport rules and regulations. In emergencies) in response to the event of a spill or other release of presence of, nor enter into any solventsettlement agreement, oil, fuelconsent decree, or other hazardous substance compromise in respect to any claims relating to, any Hazardous Substance in any way connected with the Facility, without first notifying Landlord of Tenant’s intention to do so and affording Landlord ample opportunity to appear, intervene, or otherwise appropriately assert and protect Landlord’s interest with respect thereto; and further provided, that occurs Landlord shall have the right (but not the obligation) to perform any such remediation on Tenant’s behalf, in which event Tenant shall reimburse Landlord for all of Landlord’s reasonable costs and expenses incurred in connection therewith. Landlord shall indemnify and hold harmless the Tenant from any and all claims, damages, fines, judgments, penalties, costs, expenses or liabilities (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees) in connection with the performance use, storage, generation or disposal of Hazardous Substances in, on or about the ServicesFacility, Vendor the Building or Premises by Landlord, Landlord's agents, employees or contractors. Tenant shall promptly take all actions necessary have no liability or responsibility for any remediation costs and/or fees arising from the use, storage, generation or disposal of Hazardous Substances in, on or about the Facility, the Building or Premises not otherwise caused by Tenant or the Tenant Parties. Landlord represents and warrants that (1) to clean up and remediate Landlord's actual knowledge, there are no environmental conditions affecting the same and properly manage any resulting hazardous waste. Unless any such spill is primarily attributable Premises or the Building in violation of Environmental Requirements except as may have been disclosed to the negligence or willful misconduct of Alaska, Vendor shall bear all costs for such clean-up and remediationTenant in writing, and indemnify, defend, and hold Alaska harmless from any related Claims, including but not limited to fines imposed by any government authority. If such spill (2) there is reportable to any government authority (excluding any de minimis spill which is definitively not required to be reported), Vendor shall provide Alaska with a written report that covers no asbestos or asbestos-containing materials in the facts and explains the nature of the clean-up undertaken and provide all legally required notices and file all required forms relating to any such spillPremises.

Compliance with Environmental Requirements. Vendor shall comply Except for (i) Hazardous Materials contained in products used by Tenant in accordance with all Legal Requirements relating applicable Environmental Laws for ordinary cleaning, landscaping, heating fuel, office and warehouse maintenance and operations purposes at the Premises, (ii) Hazardous Materials contained in accordance with all applicable Environmental Laws in inventory items and merchandise to land be stored at the Premises and property distributed to Tenant’s retail outlets for sale to the public, and (iii) batteries associated with and propane gas used in accordance with all applicable Environmental Laws to fuel Tenant’s forklifts at the Premises (collectively, the “Permitted Hazardous Materials”), Tenant shall not knowingly permit or cause any party to bring any Hazardous Material upon the Premises or transport, store, use, air, soil, surface water, storm water, groundwater (including but not limited to or release any Hazardous Materials in or about the protection, cleanup, removal, remediationPremises without Landlord’s prior written consent. In no event shall Tenant generate or manufacture Hazardous Materials upon or within the Premises, or damage thereof), human health and safety store fuel or any other environmental matter, hazardous or toxic substances, materials or wastes, pollutantsHazardous Materials in underground containers at the Premises, or contaminants (collectively “Environmental Requirements”)permit any party to do so. Without limiting Tenant, at its sole cost and expense, shall operate its business in the generality of the foregoing, Vendor shall comply Premises in compliance with all Environmental Requirements governing discharges to land Laws and water, including but not limited to compliance with the applicable terms and conditions of shall promptly remediate any National and State Pollutant Discharge Elimination System permits, General Stormwater permits, site-specific Stormwater Pollution Prevention Plans, site-specific Facility Response Plans, and Spill Prevention Control and Countermeasure Plans applicable to Vendor or Alaska. Vendor shall not cause or permit any hazardous substance to be brought onto Alaska’s facilities without the prior approval of Alaska. Vendor shall conduct all Services required under the Repair Order in a reasonably prudent manner taking all reasonable precautions to avoid environmental impacts, including but not limited to spills, leaks, releases, or unpermitted disposal of hazardous substances. Vendor shall be solely responsible for proper management and disposal of any hazardous waste generated during its performance of the Services. Vendor shall not discharge or dispose of any hazardous substances, Hazardous Materials released on or off-site, regardless of quantity, matrix, or concentration, into or out of from the airport fuel system or associated or airport storm water and or sanitary sewer systems and plumbing facilities, except in accordance with applicable Environmental Requirements and Alaska and airport rules and regulationsPremises by Tenant. In If the event of a spill or other release of any solvent, oil, fuel, Hazardous Material on the Premises is caused or other hazardous substance that occurs in connection with the performance permitted by Tenant or any member of the ServicesTenant Parties (as hereinafter defined) with or without Landlord’s consent, Vendor and such release results in any contamination, damage or injury to the Premises, the environment or human health, Tenant shall promptly take all actions at its sole expense as are necessary to clean up and remediate return the same and properly manage any resulting hazardous waste. Unless Premises as near as reasonably practicable to the condition existing prior to the release of any such spill Hazardous Material and as may be required by Environmental Laws; provided that Landlord’s written approval shall first be obtained in cases where the Premises is primarily attributable to the negligence or willful misconduct of Alaska, Vendor shall bear all costs for such clean-up and remediation, and indemnify, defend, and hold Alaska harmless from any related Claims, including but not limited to fines imposed by any government authority. If such spill is reportable to any government authority (excluding any de minimis spill which is definitively not required to be reported), Vendor shall provide Alaska with a written report that covers the facts and explains the nature of the clean-up undertaken and provide all legally required notices and file all required forms relating to any such spillphysically altered.