Common use of Compliance with Hazardous Materials Laws Clause in Contracts

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Premises in a manner or for a purpose prohibited by or that could result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Premises that Tenant brings upon, keeps or uses on the Premises and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Premises (other than small quantities of office cleaning or other office supplies as are customarily used by a tenant in the ordinary course in a general office facility). On or before the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Premises (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the Premises. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the Premises, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims, actions, demands, liabilities, damages, costs, penalties, forfeitures, losses or expenses (“Claims”) relating to or in any way connected with Hazardous Materials in, on, under or about the Premises without first notifying Landlord of Tenant’s intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the Premises. Tenant shall cooperate with Landlord and permit Landlord and all governmental authorities having jurisdiction reasonable access to the Premises for purposes of conducting any environmental monitoring required by applicable Hazardous Materials Laws. INDUSTRIAL LEASE - 5

Compliance with Hazardous Materials Laws. Tenant acknowledges that Landlord has delivered to Tenant a copy of the Phase I Environmental Site Assessment and Asbestos Survey (Job No. 2180JC273) previously prepared for the Property by Western Technologies Inc., dated August 11, 2010 (the “Phase I Report”). The Phase I Report identified the following three (3) de minimus issues: staining or leakage located at (i) the pit for Elevator #1, (ii) in the mechanical room, and (iii) around the cardboard compactor. Tenant has no obligation for the clean up or remediation of such issues. Landlord has received no written notice from any governmental authority of any uncured violation of any Hazardous Materials Law. If on or before the Commencement Date Landlord receives a notice from any governmental authority of any uncured violation of any Hazardous Materials Law, Landlord will use commercially reasonable efforts to cure such violation in accordance with applicable Hazardous Materials Law. In connection with the occupancy of and operation of the Property, each of Landlord and Tenant shall strictly comply with, and shall maintain the Premises and the Property, as applicable, in compliance with, all Hazardous Materials Laws. Tenant will not cause any Hazardous Material Materials to be brought upon, kept or used on the Premises Property in a manner or for a any purpose prohibited by or that could result in liability under violates any Hazardous Materials LawLaws. Tenant, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating related to Tenant’s use of the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Premises that Tenant brings upon, keeps or uses on the Premises and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Premises (other than small quantities of office cleaning or other office supplies as are customarily used by a tenant in the ordinary course in a general office facility)Property. On or before the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, Tenant will completely remove from the Premises Property (regardless whether any Hazardous Materials Law requires removal, but Landlord’s standard for removal shall in all events be reasonable and Landlord shall not require a higher standard of removal than would typically be applicable to properties used for commercial purposes), in compliance with all Hazardous Materials LawsLaws and at Tenant’s sole cost and expense, all Hazardous Materials Tenant causes to be present in, on, under or about the PremisesProperty. Upon Landlord’s written request, Tenant will not take any remedial action in response promptly deliver to Landlord documentation acceptable to Landlord disclosing the presence nature and quantity of any Hazardous Materials in onTenant has located at the Property and evidencing the legal and proper handling, under or about the Premises, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims, actions, demands, liabilities, damages, costs, penalties, forfeitures, losses or expenses (“Claims”) relating to or in any way connected with storage and disposal of all Hazardous Materials in, on, kept at or removed or to be removed from the Property by Tenant. All such documentation will list Tenant or its agent as the responsible party and will not attribute responsibility for any such Hazardous Materials to Landlord or Property Manager. Tenant will comply with and is solely responsible for all reporting and warning obligations required under Hazardous Materials Laws arising from Tenant’s use or about occupancy of the Premises without first notifying Landlord of Tenant’s intention or Property. Notwithstanding any provision contained herein to do so and affording Landlord reasonable opportunity to investigatethe contrary, appear, intervene and otherwise assert and protect Landlord’s interest in the Premises. Tenant shall cooperate be allowed, without the consent of Landlord but in all events in accordance with Landlord and permit Landlord and all governmental authorities having jurisdiction reasonable access to the Premises for purposes of conducting any environmental monitoring required by applicable Hazardous Materials Laws. INDUSTRIAL LEASE - 5, to store, use and dispense products, materials or substances which may in whole or in part constitute toxic or Hazardous Materials but which consist of cleaning materials or solvents used in the ordinary course of Tenant’s Permitted Use and in accordance with Hazardous Materials Laws in amounts or quantities for general use and sale to individual retail customers.

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Premises Property in a manner or for a purpose prohibited by or that could result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Premises that Union Station Condominium the Tenant brings upon, keeps or uses on the Premises Union Station Condominium and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Premises Property (other than small quantities of office cleaning or other office supplies as are customarily used by a tenant in the ordinary course in a general office or call center facility). On or before the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Premises Property (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the PremisesProperty other than Hazardous Materials incorporated into Improvements as a part of construction materials. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the PremisesProperty, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims, actions, demands, liabilities, damages, costs, penalties, forfeitures, losses or expenses (“Claims”) Claims relating to or in any way connected with Hazardous Materials in, on, under or about the Premises Property, without first notifying Landlord of Tenant’s 's intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s 's interest in the PremisesProperty. Tenant shall cooperate with Landlord and permit Landlord and all governmental authorities having jurisdiction reasonable access to the Premises for purposes of conducting any environmental monitoring required by applicable Hazardous Materials Laws. INDUSTRIAL LEASE - 5See Section 17.10.

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material to be brought upon, kept kept, generated or used on the Premises in a manner or for a purpose prohibited by or that could result in liability under any Hazardous Materials Law; provided, however, in no event shall Tenant allow any Hazardous Material to be brought upon, kept, generated or used on the Premises other than those Hazardous Materials for which Tenant has received Landlord’s prior written consent (other than small quantities of cleaning or other/industrial supplies as are customarily used by a tenant in the ordinary course in a general office facility). Tenant, at its sole cost and expense, will comply with (and obtain all permits required under) all Hazardous Materials Laws Laws, groundwater wellhead protection laws, storm water management laws, fire protection provisions, and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Premises that Tenant brings upon, keeps or uses on the Premises and will notify Landlord of any and all Hazardous Materials Tenant brings uponkeeps, keeps generates or uses on the Premises (other than small quantities including, without limitation, but subject to this Section 10.3, immediate remediation of office cleaning any Hazardous Materials in, on, under or other office supplies as are customarily used by a tenant about the Premises that Tenant brings upon, keeps, generates or uses on the Premises in compliance with Hazardous Materials Laws) and in no event shall Tenant allow any liens or encumbrances pertaining to Tenant’s use of Hazardous Materials to attach to any portion of the ordinary course in a general office facility)Premises. On or before the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Premises (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the Premises. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the Premises, nor enter into (or commence negotiations with respect to) any settlement agreement, consent decree or other compromise with respect to any claims, actions, demands, liabilities, damages, costs, penalties, forfeitures, losses or expenses (“Claims”) claims relating to or in any way connected with Hazardous Materials in, on, under or about the Premises Premises, without first notifying Landlord of Tenant’s intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the Premises. Tenant Landlord shall cooperate with Landlord and permit Landlord and all governmental authorities having jurisdiction reasonable access have the right from time to time to inspect the Premises for purposes of conducting any environmental monitoring required by applicable Hazardous Materials Laws. INDUSTRIAL LEASE - 5to determine if Tenant is in compliance with this Section 10.3.

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material Materials to be brought upon, kept or used on the Premises Property in a manner or for a purpose prohibited by or that could result in liability under any Hazardous Materials LawLaws. Tenant, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Premises that Tenant brings upon, keeps or uses on Property required for Tenant’s use of the Premises and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Premises (other than small excluding reasonable quantities of office cleaning or other office supplies as are customarily used by a tenant in the ordinary course in a general office facility)) Tenant brings upon, keeps or uses on the Property. On or before the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Premises Property (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the PremisesProperty. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in Tenant causes to be in, on, under or about the PremisesProperty, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims, actions, demands, liabilities, damages, costs, penalties, forfeitures, losses or expenses (“Claims”) Claims relating to or in any way connected with Hazardous Materials Tenant causes to be in, on, under or about the Premises Property without first (a) notifying Landlord of Tenant’s intention to do so so, and (b) affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the PremisesProperty. Tenant shall cooperate acknowledges that medical waste and materials, including sharps, blood and bodily fluids, waste pharmaceuticals, controlled substances and other chemicals, cannot be disposed of along with Landlord normal office trash. Tenant will be solely responsible for the proper storage, use and permit Landlord disposal of all medical waste and materials brought upon, kept, used or generated on the Premises, and will strictly comply with all Colorado Department of Public Health and Environment requirements with respect thereto and all governmental authorities having jurisdiction reasonable access other applicable Laws. Tenant will indemnify, defend and hold harmless Landlord from and against any and all Claims arising from or relating to the Premises for purposes of conducting any environmental monitoring required by applicable Hazardous Materials Lawsthat Tenant causes to be present in, on, under or about the Property. INDUSTRIAL LEASE - 5Tenant’s obligations under this Section 5.1 will survive the expiration or earlier termination of the Term.