Common use of Environmental Covenants Clause in Contracts

Environmental Covenants. Each Indemnitor covenants and agrees that it: (a) shall keep or cause the Property to be kept free from Hazardous Substances (except those substances used by the Borrower, priority owner or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws); (b) shall not install or use any underground storage tanks except in compliance with all Environmental Laws, shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental Laws, except in the ordinary course of their businesses and in compliance with all Environmental Laws ; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances in violation of applicable Environmental Laws at, on, under, or from the Property; shall cause property owner and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply with all applicable Environmental Laws; (d) shall cause property owner to keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of the property owner, the Borrower or any other person or entity (“Environmental Liens”); (e) without limiting the generality of the foregoing, during the term of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property or permit to be installed in the Improvements on the Property, any materials which contain asbestos.

Environmental Covenants. Each Indemnitor Tenant covenants and agrees that it: during the Term of this Lease it (ai) shall keep or comply, and cause the Leased Property to be kept free from comply, with all Environmental Laws applicable to the Leased Property, (ii) shall prohibit the use of the Leased Property for the generation, manufacture, refinement, production, or processing of any Hazardous Substances Substance or for the storage, handling, transfer or transportation of any Hazardous Substance (except those substances used by other than in connection with the Borrower, priority owner or tenants under leases at operation and maintenance of the Leased Property and in the ordinary course of their businesses commercially reasonable quantities as a consumer thereof and in compliance with all Environmental Laws); , (biii) shall not install or use permit the installation on the Leased Property of any underground storage tanks except in compliance with all Environmental Laws, or surface impoundments and shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental Laws, except in the ordinary course of their businesses and in compliance with all Environmental Laws ; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances permit there to exist any petroleum contamination in violation of applicable Environmental Laws atto the Leased Property originating on or off the Leased Property (other than in connection with the use, on, under, or from operation and maintenance of the Property; shall cause property owner Leased Property and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply then only in compliance with all applicable Environmental Laws; Laws and all other applicable laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated of every government and municipality having jurisdiction over the Leased Property and of any agency thereof) or asbestos-containing materials in violation of applicable Environmental Laws and (div) shall cause property owner any alterations of the Leased Property to keep be done in a way so as to not expose the persons working on or visiting the Leased Property free to Hazardous Substances and clear of all liens and other encumbrances imposed pursuant in connection with any such alterations shall remove any Hazardous Substances present upon the Leased Property which are not in compliance with Environmental Laws or which present a danger to persons working on or visiting the Leased Property. With respect to any violation of applicable Environmental LawLaws related to the Leased Property caused by Hazardous Substances originating off of the Leased Property and not generated therefrom by Tenant, whether due its agents, employees or contractors, Landlord authorizes Tenant to institute any action against the party responsible for such violation. So long as Tenant is diligently pursuing all available recourse against the party responsible for such violation, and so long as such violation does not pose a risk to public health, materially threaten the use of the Leased Property or the value thereof, or expose Landlord or Landlord’s mortgagee, in any manner, to any act claim or omission liability, Tenant may defer taking remedial measures to correct the violation caused by Hazardous Substances originating off of the property ownerLeased Property; provided that such period of deferral may be terminated by Landlord or Landlord’s mortgagee at any time if either Landlord or Landlord’s mortgagee, each in its sole and absolute discretion, believes that the public health, the Borrower or any other person or entity (“Environmental Liens”); (e) without limiting the generality use of the foregoingLeased Property or the value thereof are threatened by such violation or such Hazardous Substances. In no event shall the ability to defer remedial measures relieve Tenant of the responsibility therefor, during which responsibility shall expressly survive the term expiration or sooner termination of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property or permit to be installed in the Improvements on the Property, any materials which contain asbestosLease.

Environmental Covenants. Each Indemnitor The Borrower covenants and agrees that itthe Borrower: (a) shall keep or cause the Property to be kept free from Hazardous Substances (except those substances used by the Borrower, priority owner or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws); (b) shall not install or use any underground storage tanks except in compliance with all Environmental Laws, shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental Laws, except in the ordinary course of their businesses and in compliance with all Environmental Laws ; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances in violation of applicable Environmental Laws at, on, under, or from the Property; shall cause property owner and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply with all applicable Environmental Laws; (d) shall cause property owner to keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of the property owner, the Borrower or any other person or entity (“Environmental Liens”); (e) without limiting the generality of the foregoing, during the term of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property or permit to be installed in the Improvements on the Property, any materials which contain asbestos.

Environmental Covenants. Each Indemnitor Borrower covenants and agrees that itBorrower: (ai) shall keep or cause the Property to be kept free from Hazardous Substances (except those substances used by the Borrower, priority owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws); (bii) shall not install or use any underground storage tanks except in compliance with all Environmental Lawstanks, shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental LawsSubstances, except in the ordinary course of their businesses and in compliance with all Environmental Laws Laws; (ciii) shall not itself cause or knowingly allow cause, shall take all action reasonably necessary, and shall expressly prohibit the Release of Hazardous Substances in violation of applicable Environmental Laws at, on, under, or from the Property; shall cause property owner itself comply and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply with all applicable Environmental Laws; (div) shall cause property owner to keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of the property owner, the Borrower or any other person or entity (“Environmental Liens”); (ev) shall comply and take actions reasonably necessary to cause all occupants of the Property to comply with the recommendations of any qualified environmental engineer or other expert that apply or pertain to the Property; and, (vi) without limiting the generality of the foregoing, during the term of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property or permit to be installed in the Improvements on the Property, any materials which contain asbestos.

Environmental Covenants. Each Indemnitor The Borrower covenants and agrees that itthe Borrower: (a) shall keep or keep, and shall exercise commercially reasonable efforts to cause third parties to keep, the Property to be kept free from Hazardous Substances (except those substances used by the Borrower, priority owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws); (b) shall not install or use any underground storage tanks except in compliance with all Environmental Lawstanks, shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental LawsSubstances, except in the ordinary course of their businesses and in compliance with all Environmental Laws Laws; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances in violation of applicable Environmental Laws at, on, under, or from the Property; (d) shall cause property owner itself comply and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply with all applicable Environmental Laws; (de) shall cause property owner to keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of the property owner, the Borrower or any other person or entity (“Environmental Liens”); (ef) shall comply and shall use commercially reasonable efforts to cause all occupants of the Property to comply with the recommendations of any qualified environmental engineer or other environmental expert that apply or pertain to the Property; and (g) without limiting the generality of the foregoing, during the term of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property Property, or permit to be installed in the Improvements on the Property, any materials which contain asbestos.

Environmental Covenants. Each Indemnitor The Borrower covenants and agrees that itthe Borrower: (a) shall keep or cause the Property to be kept free from Hazardous Substances (except those substances used by the Borrower, priority owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws); (b) shall not install or use any underground storage tanks except in compliance with all Environmental Lawstanks, shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental LawsSubstances, except in the ordinary course of their businesses and in compliance with all Environmental Laws Laws; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances in violation of applicable Environmental Laws at, on, under, or from the Property; shall cause property owner itself comply and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply with all applicable Environmental Laws; (d) shall cause property owner to keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of the property owner, the Borrower or any other person or entity (“Environmental Liens”); (e) shall comply and use commercially reasonable efforts to cause all occupants of the Property to comply with the recommendations of any qualified environmental engineer or other expert retained by Lender that apply or pertain to the Property; and (f) without limiting the generality of the foregoing, during the term of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property Property, or permit to be installed in the Improvements on the Property, any materials which contain asbestos.

Environmental Covenants. Each Indemnitor Tenant covenants and agrees that it: during the Term of this Lease it (ai) shall keep or comply, and cause the Leased Property to be kept free from comply, with all Environmental Laws applicable to the Leased Property, (ii) shall prohibit the use of the Leased Property for the generation, manufacture, refinement, production, or processing of any Hazardous Substances Substance or for the storage, handling, transfer or transportation of any Hazardous Substance (except those substances used by other than in connection with the Borrower, priority owner or tenants under leases at operation and maintenance of the Leased Property and in the ordinary course of their businesses commercially reasonable quantities as a consumer thereof and in compliance with all Environmental Laws); , (biii) shall not install or use permit the installation on the Leased Property of any underground storage tanks except in compliance with all Environmental Laws, or surface impoundments and shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental Laws, except in the ordinary course of their businesses and in compliance with all Environmental Laws ; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances permit there to exist any petroleum contamination in violation of applicable Environmental Laws atto the Leased Property originating on or off the Leased Property (other than in connection with the use, on, under, or from operation and maintenance of the Property; shall cause property owner Leased Property and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply then only in compliance with all applicable Environmental Laws; Laws and all other applicable laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated of every government and municipality having jurisdiction over the Leased Property and of any agency thereof) or asbestos-containing materials in violation of applicable Environmental Laws and (div) shall cause property owner any alterations of the Leased Property to keep be done in a way so as to not expose the persons working on or visiting the Leased Property free to Hazardous Substances and clear of all liens and other encumbrances imposed pursuant in connection with any such alterations shall remove any Hazardous Substances present upon the Leased Property which are not in compliance with Environmental Laws or which present a danger to persons working on or visiting the Leased Property. With respect to any violation of applicable Environmental LawLaws related to the Leased Property caused by Hazardous Substances originating off of the Leased Property and not generated therefrom by Tenant, whether due its agents, employees or contractors, Landlord, authorizes Tenant to institute any action against the party responsible for such violation. So long as Tenant is diligently pursuing all available recourse against the party responsible for such violation, and so long as such violation does not pose a risk to public health, materially threaten the use of the Leased Property or the value thereof, or expose Landlord or Landlord’s Lender, in any manner, to any act claim or omission liability, Tenant may defer taking remedial measures to correct the violation caused by Hazardous Substances originating off of the property ownerLeased Property; provided, however that such period of deferral may be terminated by Landlord or Landlord’s Lender at any time if either Landlord or Landlord’s Lender, each in its sole and absolute discretion, believes that the public health, the Borrower or any other person or entity (“Environmental Liens”); (e) without limiting the generality use of the foregoingLeased Property or the value thereof are threatened by such violation or such Hazardous Substances. In no event shall the ability to defer remedial measures relieve Tenant of the responsibility therefor, during which responsibility shall expressly survive the term expiration or sooner termination of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property or permit to be installed in the Improvements on the Property, any materials which contain asbestosLease.

Environmental Covenants. Each Indemnitor The Borrower covenants and agrees that itthe Borrower: (a) shall keep, and shall exercise commercially reasonable efforts to cause third parties to the keep or cause the Property to be kept free from Hazardous Substances (except those substances used by the Borrower, priority owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws); (b) shall not install or use any underground storage tanks except in compliance with all Environmental Lawstanks, shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental LawsSubstances, except in the ordinary course of their businesses and in compliance with all Environmental Laws Laws; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances in violation of applicable Environmental Laws at, on, under, or from the Property; shall cause property owner itself comply and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply with all applicable Environmental Laws; (d) shall cause property owner to keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of the property owner, the Borrower or any other person or entity (“Environmental Liens”); (e) shall comply and shall use commercially reasonable efforts to cause all occupants of the Property to comply with the recommendations of any qualified environmental engineer or other environmental expert that apply or pertain to the Property; and (f) without limiting the generality of the foregoing, during the term of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property Property, or permit to be installed in the Improvements on the Property, any materials which contain asbestos.

Environmental Covenants. Each Indemnitor Tenant covenants and agrees that it: during the Term of this Lease it (ai) shall keep or comply, and cause the Leased Property to be kept free from comply, with all Environmental Laws applicable to the Leased Property, (ii) shall prohibit the use of the Leased Property for the generation, manufacture, refinement, production, or processing of any Hazardous Substances Substance or for the storage, handling, transfer or transportation of any Hazardous Substance (except those substances used by other than in connection with the Borrower, priority owner or tenants under leases at operation and maintenance of the Leased Property and in the ordinary course of their businesses commercially reasonable quantities as a consumer thereof and in compliance with all Environmental Laws); , (biii) shall not install or use permit the installation on the Leased Property of any underground storage tanks except in compliance with all Environmental Laws, or surface impoundments and shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental Laws, except in the ordinary course of their businesses and in compliance with all Environmental Laws ; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances permit there to exist any petroleum contamination in violation of applicable Environmental Laws atto the Leased Property originating on or off the Leased Property (other than in connection with the use, on, under, or from operation and maintenance of the Property; shall cause property owner Leased Property and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply then only in compliance with all applicable Environmental Laws; Laws and all other applicable laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated of every government and municipality having jurisdiction over the Leased Property and of any agency thereof) or asbestos-containing materials in violation of applicable Environmental Laws and (div) shall cause property owner any alterations of the Leased Property to keep be done in a way so as to not expose the persons working on or visiting the Leased Property free to Hazardous Substances and clear of all liens and other encumbrances imposed pursuant in connection with any such alterations shall remove any Hazardous Substances present upon the Leased Property which are not in compliance with Environmental Laws or which present a danger to persons working on or visiting the Leased Property. With respect to any violation of applicable Environmental LawLaws related to the Leased Property caused by Hazardous Substances originating off of the Leased Property and not generated therefrom by Tenant, whether due its agents, employees or contractors, Landlord, authorizes Tenant to institute any action against the party responsible for such violation. So long as Tenant is diligently pursuing all available recourse against the party responsible for such violation, and so long as such violation does not pose a risk to public health, materially threaten the use of the Leased Property or the value thereof, or expose Landlord or Landlord’s Lender, in any manner, to any act claim or omission liability, Tenant may defer taking remedial measures to correct the violation caused by Hazardous Substances originating off of the property ownerLeased Property; provided, however that such period of deferral may be terminated by Landlord or Landlord’s Lender at any time if either Landlord or Landlord’s Lender, each in its sole and absolute discretion, believes that the public health, the Borrower or any other person or entity (“Environmental Liens”); (e) without limiting the generality use of the foregoingLeased Property or the value thereof are threatened by such violation or such Hazardous Substances. In no event shall the ability to defer remedial measures relieve Tenant of the responsibility therefor, during which responsibility shall expressly survive the term expiration or sooner termination of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property or permit to be installed in the Improvements on the Property, any materials which contain asbestos.Lease. PID #_______________

Environmental Covenants. Each Indemnitor The Borrower covenants and agrees that itthe Borrower: (a) shall keep or cause the Property to be kept free from Hazardous Substances (except those substances used by the Borrower, priority owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws); (b) shall not install or use any underground storage tanks except in compliance with all Environmental Lawstanks, shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental LawsSubstances, except in the ordinary course of their businesses and in compliance with all Environmental Laws Laws; (c) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances in violation of applicable Environmental Laws at, on, under, or from the Property; shall cause property owner itself comply and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply with all applicable Environmental Laws; (d) shall cause property owner to keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of the property owner, the Borrower or any other person or entity (“Environmental Liens”); (e) shall comply and cause all occupants of the Property to comply with the recommendations of any qualified environmental engineer or other expert that apply or pertain to the Property; and (f) without limiting the generality of the foregoing, during the term of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property or permit to be installed in the Improvements on the Property, Property any materials which contain asbestos.

Environmental Covenants. Each Indemnitor Borrower covenants and agrees that itBorrower: (ai) shall keep or cause the Property to be kept free from Hazardous Substances (except those substances used by the Borrower, priority owner or tenants under leases Borrower at the Property in the ordinary course of their its businesses and in compliance with all Environmental Laws); (bii) shall not install or use any underground storage tanks except in compliance with all Environmental Lawstanks, shall not itself engage in and shall expressly prohibit all tenants of space in the Improvements from engaging in the use, generation, handling, storage, production, processing or management of Hazardous Substances in violation of applicable Environmental LawsSubstances, except in the ordinary course of their businesses and in compliance with all Environmental Laws Laws; (ciii) shall not itself cause or knowingly allow and shall expressly prohibit the Release of Hazardous Substances in violation of applicable Environmental Laws at, on, under, or from the Property; shall cause property owner itself comply and shall expressly require property owner to require all tenants and any other persons who may come upon the Property to comply with all applicable Environmental Laws; (div) shall cause property owner to keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of the property owner, the Borrower or any other person or entity (“Environmental Liens”); (ev) shall comply and cause all occupants of the Property to comply with the reasonable recommendations of any qualified environmental engineer or other expert that apply or pertain to the environmental condition of the Property; and, (vi) without limiting the generality of the foregoing, during the term of this Agreement, shall not permit property owner to use any construction materials which contain asbestos nor install in the Improvements on the Property or permit to be installed in the Improvements on the Property, any materials which contain asbestos.