Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 11 contracts

Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

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Hazardous Materials. 8.138.1. Tenant shall not cause or permit any Hazardous Materials (as defined belowhereinafter defined) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant Tenant, its agents, employees, contractors or any Tenant Partyinvitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, Premises or any adjacent property, (c) or if contamination of the Premises or any adjacent property by Hazardous Materials otherwise occurs during the Term of this Lease or any extension or renewal hereof or holding over hereunder or (d) other than in connection with substances that migrated to the Premises from any adjoining property, except in the event Tenant is aware of such contamination and neither remedies such contamination nor promptly notifies Landlord of the Premises occurs as a result existence of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Partysuch contamination), then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees Landlord, its agents and contractors harmless from and against any and all Claims of any kind or natureclaims, including judgments, damages, penalties, fines, costs, liabilities and losses (w) including, without limitation, diminution in value of the Premises or any portion thereof, (x) ; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) ; damages arising from any adverse impact on marketing of space in the Premises or any portion thereof Premises; and (z) sums paid in settlement of Claims claims, attorneys’ fees, consultants’ fees and experts’ fees) that arise before, during or after the Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof Premises or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof Premises or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or Premises and any adjacent property to its their respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withholdwithhold (provided that no time restrictions shall apply or advance approval be required if an emergency necessitates the remediation of such contamination so long as Tenant promptly provides Landlord written notice of any action taken by Tenant pursuant to this Section 38.1); and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises. Notwithstanding the foregoing, Landlord shall neither (a) settle any portion thereof or any adjacent property. Tenant's obligations Claims under this Section 38.1 without Tenant’s prior written consent, which consent shall not be limited by unreasonably withheld, conditioned or delayed, nor (b) except in the case of an emergency (where there is imminent threat of injury to persons or damage to property), enter into any limitation on agreement with a third party for any cleanup, remedial, removal or restoration work in connection with such breach or contamination other than in the amount or type of damagesevent an emergency necessitates immediate entry, compensation or benefits payable by or for without first providing Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationprior written notice.

Appears in 4 contracts

Samples: Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 4 contracts

Samples: Lease (Erasca, Inc.), Lease (Erasca, Inc.), Lease (Erasca, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) or if contamination of the Premises Project, any portion thereof, or any adjacent property by Hazardous Materials otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Partyhereunder, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (wa) diminution in value of the Premises Project or any portion thereof, (xb) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yc) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (zd) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 3 contracts

Samples: Lease (Organovo Holdings, Inc.), Lease (Alnylam Pharmaceuticals, Inc.), Lease (BIND Therapeutics, Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 3 contracts

Samples: Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than (i) if such contamination results from migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party.

Appears in 3 contracts

Samples: Sublease ( (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, Inc.)

Hazardous Materials. 8.139.1. Tenant shall not cause or permit any Hazardous Materials (as defined belowhereinafter defined) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant Tenant, its agents, employees, contractors or any Tenant Partyinvitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereofthe Building, the Project or any adjacent property, (c) or if contamination of the Premises Premises, the Building, the Project or any adjacent property by Hazardous Materials otherwise occurs during the Term of this Lease or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Partyhereunder, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees Landlord, its agents and contractors harmless from and against any and all Claims of any kind or natureclaims, including judgments, damages, penalties, fines, costs, liabilities and losses (w) including, without limitation, diminution in value of the Premises Premises, the Building, the Project or any portion thereof, (x) ; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) Premises or Project; damages arising from any adverse impact on marketing of space in the Premises Premises, the Building or any portion thereof the Project; and (z) sums paid in settlement of Claims claims, attorneys’ fees, consultants’ fees and experts’ fees) that arise before, during or after the Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof the Building, the Project or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof the Building, the Project or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or the Building, the Project and any adjacent property to its their respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof the Building or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationProject.

Appears in 3 contracts

Samples: Lease (Cytrx Corp), Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Hazardous Materials. 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 3 contracts

Samples: Lease Agreement (Vireo Health International, Inc.), Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)

Hazardous Materials. 8.120.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws Premises, the Building or the Property by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). Notwithstanding the foregoing, Tenant may keep, store and use upon the Premises de minimus amounts of typical cleaning and office supplies that constitute Hazardous Materials, provided that such cleaning and office supplies are kept, stored, used, maintained and disposed of in accordance with all Applicable Laws and manufacturer’s instructions and further provided that Tenant may not discharge or dispose of any such Hazardous Materials in any drains in the Building. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProperty, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Property occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Property by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProperty, (y) damages arising from any adverse impact on marketing of space in the Premises Property or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProperty. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProperty, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProperty, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProperty, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProperty, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any subtenant, licensee or assignee of Tenant or any of its or their employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are reasonably necessary to return the PremisesProject, any portion thereof or any adjacent property as nearly as practicable to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party. If any Hazardous Materials are placed on the Property by Landlord or any Landlord Party and such Hazardous Materials present a reasonable threat to the health of persons or property, then Landlord covenants and agrees to remove or remediate, to the extent required under and in accordance with Applicable Law, any such Hazardous Materials. If any Hazardous Materials are placed on the Property by another tenant or occupant or third party and such Hazardous Materials present a reasonable threat to the health of persons or property, notwithstanding anything to the contrary in this Lease, if, for more than five (5) consecutive business days following written notice to Landlord, Tenant is unable to use and occupy the Premises for the Permitted Use as a result of such Hazardous Materials, then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall be abated commencing on the later to occur of (i) the first (1st) business day after such interruption, or (ii) the date on which Tenant ceases its use and occupancy of the Premises (or portion thereof) for the Permitted Use, until the Premises are again usable by Tenant for the Permitted Use.

Appears in 2 contracts

Samples: Lease (Spark Therapeutics, Inc.), Lease (Spark Therapeutics, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not arising from the acts or omissions of a Tenant Party or coming from property owned or leased by a Tenant Party or (ii) to the extent such contamination arises directly from Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease (Cyclerion Therapeutics, Inc.), Lease (Selecta Biosciences Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Landlord hereby agrees to hold Tenant harmless from and against any and all loss, cost, damage, claim or expense (including legal fees) incurred in connection with or arising out of or relating in any way to the presence of Hazardous Materials at the Property as of the Execution Date, unless placed on the Property by a Tenant Party. The provisions of the foregoing sentence shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)

Hazardous Materials. 8.18.3.1. Tenant shall not cause or permit any Hazardous Materials (as defined in Section 8.3.7 below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable applicable Laws by Tenant or any of its employees, agents, representatives, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees Indemnified Parties (as defined in Section 22.1.2 below) harmless from and against any and all Claims (as defined in Article 20 below) of any kind or nature, including (wi) diminution in value of the Premises Project or any portion thereof, (xii) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yiii) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (ziv) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease Agreement (Anaptysbio, Inc), Lease Agreement (Crinetics Pharmaceuticals, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any a Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease (Shotspotter, Inc), Lease (Shotspotter, Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) property or if contamination of the Premises or any portion thereof otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or in violation of Applicable Laws (dother than if such contamination results from (a) contamination of the Premises occurs as a result migration of Hazardous Materials that are placed on or under or are released into from outside the Premises not caused by a Tenant Partyor its employees, agents, contractors or invitees or (b) to the extent such contamination is caused by Landlord), then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party in violation of Applicable Laws results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.have

Appears in 2 contracts

Samples: Sublease Agreement (Natera, Inc.), Lease (Natera, Inc.)

Hazardous Materials. 8.17.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, and (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease (EverQuote, Inc.), Lease (EverQuote, Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or any holding over by Tenant hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party.

Appears in 2 contracts

Samples: Lease (Cue Health Inc.), Lease (Cue Health Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease (Gritstone Oncology, Inc.), Lease (CM Life Sciences III Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is solely caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. In the event Landlord receives notice of a Claim for which Tenant is obligated to indemnify Landlord pursuant to this Section, then Landlord shall promptly provide notice to Tenant of such Claim, take all reasonable measures to mitigate any damages thereunder and not enter into any settlement agreement without the express written consent of Tenant's obligations under this Section , which consent shall not be limited unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, and subject to Sections 23.7, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from (i) the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Term Commencement Date, unless placed at the Project by a Tenant Party and (ii) Hazardous Materials released at the Project by Landlord or Landlord’s employees, agents or contractors after the Term Commencement Date in violation of Applicable Laws. In the event Tenant receives notice of a Claim for which Landlord is obligated to indemnify Tenant pursuant to the preceding sentence, then Tenant shall promptly provide notice to Landlord of such Claim, take all reasonable measures to mitigate any limitation on damages thereunder and not enter into any settlement agreement without the amount express written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationdelayed.

Appears in 2 contracts

Samples: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any of its employees, agents, contractors and invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) without duplicating damages under (w) and (x), damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesPremises (collectively, “Investigation and Remediation Costs”). Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property; provided, that Landlord will not withhold its consent if such action is mandated by Applicable Laws. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant's obligations under this Section shall not be limited ’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims (including Investigation and Remediation Costs) resulting from the presence of Hazardous Materials at the Premises in violation of Applicable Laws as of the Execution Date, unless placed at the Premises by a Tenant Party, or the migration of Hazardous Materials from the Premises to any limitation on adjacent property in violation of Applicable Laws prior to the amount or type of damagesExecution Date, compensation or benefits payable unless caused by or for a Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationParty.

Appears in 2 contracts

Samples: Lease (Biotime Inc), Lease (Asterias Biotherapeutics, Inc.)

Hazardous Materials. 8.120.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Property in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProperty, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs due to the acts or omissions of a Tenant Party during the Term or any extension or renewal hereof or holding over hereunder hereunder, or (d) contamination of the Premises Property occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Property by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProperty, (y) damages arising from any adverse impact on marketing of space in the Premises Property or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred in connection with any judgments, damages, penalties, fines, liabilities or losses, any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProperty. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProperty, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProperty, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProperty, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProperty, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 2 contracts

Samples: Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws Premises, the Building or the Project by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (CymaBay Therapeutics, Inc.)

Hazardous Materials. 8.1. Tenant 20.1.Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws Premises, the Building or the Property by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). Notwithstanding the foregoing, Tenant may keep, store and use upon the Premises de minimus amounts of typical cleaning and office supplies that constitute Hazardous Materials, provided that such cleaning and office supplies are kept, stored, used, maintained and disposed of in accordance with all Applicable Laws and manufacturer’s instructions and further provided that Tenant may not discharge or dispose of any such Hazardous Materials in any drains in the Building. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProperty, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Property occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Property by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProperty, (y) damages arising from any adverse impact on marketing of space in the Premises Property or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProperty. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProperty, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProperty, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProperty, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProperty, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Carisma Therapeutics Inc.)

Hazardous Materials. 8.1. Tenant 21.1.Tenant has not and shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a "Tenant Party"). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any prior occupancy or extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to a condition as close as commercially practicable to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party.

Appears in 1 contract

Samples: Lease (Natera, Inc.)

Hazardous Materials. 8.18.3.1. Tenant shall not cause or permit any Hazardous Materials (as defined in Section 8.3.7 below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable applicable Laws by Tenant or any of its employees, agents, representatives, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder hereunder, or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall shall, except to the extent arising from the gross negligence or willful misconduct of Landlord or Landlord’s employees, contractors or agents, indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees Indemnified Parties (as defined in Section 22.1.2 below) harmless from and against any and all Claims (as defined in Article 20 below) of any kind or nature, including (wi) diminution in value of the Premises Project or any portion thereof, (xii) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yiii) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (ziv) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused by the acts or permitted by omissions of any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination, except to the extent caused or exacerbated by any Landlord Indemnified Party; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding anything to the contrary in this Lease, Tenant shall have no liability, responsibility, duty or obligation for (A) any pre-existing Hazardous Materials conditions to the extent not caused, contributed to or exacerbated by a Tenant Party, (B) any Hazardous Materials conditions outside of the Premises to the extent not caused, contributed to or exacerbated by a Tenant Party, (C) any migration of Hazardous Materials into or under the Premises from areas outside of the Premises to the extent not caused, contributed to or exacerbated by a Tenant Party, or (D) any release of Hazardous Materials to the extent caused, contributed to or exacerbated by Landlord or Landlord’s employees, agents or representatives. Landlord represents and warrants that, as of the Effective Date, to Landlord’s knowledge, no Hazardous Materials have been used, released or stored at the Premises or the Project in violation of any Hazardous Materials Laws applicable to the Premises or the Project. Any representations and warranties made to “Landlord’s knowledge” (or words of similar meaning) in this Lease (i) are limited to the current actual knowledge of Sxxxxx Xxxxxxx, without any obligation or duty to inquire or make any independent investigation regarding the subject matter of such representations and warranties, and (ii) do not encompass any imputed or constructive knowledge. Tenant acknowledges that Sxxxxx Xxxxxxx is named solely for the purpose of defining and narrowing the scope of Landlord’s knowledge and not for the purpose of imposing any liability on such individual or creating any duties running from such individual or any of Landlord’s members to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Cytori Therapeutics, Inc.)

Hazardous Materials. 8.120.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Buildings or the Project in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) or if contamination of the Premises Project, any portion thereof, or any adjacent property by Hazardous Materials otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Partyhereunder, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (wa) diminution in value of the Premises Project or any portion thereof, (xb) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yc) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (zd) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contaminationcontamination or as close thereto as is commercially, reasonably practicable under the circumstances; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Halozyme Therapeutics Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from migration of Hazardous Materials from outside the Premises not caused by a Tenant Party) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials for which Tenant is responsible under the terms of this Section present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Protagonist Therapeutics, Inc)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Unit, the Building or the Project in violation of Applicable Laws by Tenant or any subtenant, licensee or assignee of Tenant or any of its or their employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are reasonably necessary to return the PremisesProject, any portion thereof or any adjacent property as nearly as practicable to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party. If any Hazardous Materials are placed on the Property by Landlord or any Landlord Party and such Hazardous Materials present a reasonable threat to the health of persons or property, then Landlord covenants and agrees to remove or remediate, to the extent required under and in accordance with Applicable Law, any such Hazardous Materials. If any Hazardous Materials are placed on the Property by another tenant or occupant or third party and such Hazardous Materials present a reasonable threat to the health of persons or property, notwithstanding anything to the contrary in this Lease, if, for more than five (5) consecutive business days following written notice to Landlord, Tenant is unable to use and occupy the Premises for the Permitted Use as a result of such Hazardous Materials, then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall be abated commencing on the later to occur of (i) the first (1st) business day after such interruption, or (ii) the date on which Tenant ceases its use and occupancy of the Premises (or portion thereof) for the Permitted Use, until the Premises are again usable by Tenant for the Permitted Use.

Appears in 1 contract

Samples: Lease (Spark Therapeutics, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not arising from the acts or omissions of a Tenant Party or coming from property owned or leased by a Tenant Party or (ii) to the extent such contamination arises directly from Landlord’s gross negligence or willful misconduct), or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Landlord hereby agrees to hold Tenant harmless from and against any and all loss, cost, damage, claim or expense (including legal fees) incurred in connection with or arising out of or relating in any way to the presence of Hazardous Materials at the Property as of the Execution Date, unless placed on the Property by a Tenant Party. The provisions of the foregoing sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Monte Rosa Therapeutics, Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Glycomimetics Inc)

Hazardous Materials. 8.11.3.1. Tenant shall not cause or permit any Hazardous Materials (as defined in Section 8.3.7 below) to be brought upon, kept or used in or about the Premises Premises, the Buildings or the Project in violation of Applicable applicable Laws by Tenant or any of its employees, agents, representatives, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees Indemnified Parties (as defined in Section 22.1.2 below) harmless from and against any and all Claims (as defined in Article 20 below) of any kind or nature, including (wi) diminution in value of the Premises Project or any portion thereof, (xii) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yiii) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (ziv) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding anything to the contrary in this Lease, Tenant shall have no liability, responsibility, duty or obligation for any Hazardous Materials conditions existing as of the Commencement Date (including, without limitation, any obligation to indemnify or hold Landlord harmless) to the extent not caused, contributed to or exacerbated by a Tenant Party.

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder hereunder, except to the extent caused by Landlord or its contractors or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises, except to the extent the same were caused by Landlord or its contractors. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant shall not be responsible for any and all loss, cost, damage, claim or expense (including legal fees) incurred in connection with or arising out of or relating in any way to the presence of Hazardous Materials or oil as of the date hereof in or on the Project.

Appears in 1 contract

Samples: Lease (Relay Therapeutics, Inc.)

Hazardous Materials. 8.121.1. Subject to the provisions of Section 21.2 below, Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors and invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises by Tenant or a Tenant Party otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (excluding any contamination that results from (i) the migration of Hazardous Materials from outside the Premises, and not caused by Tenant or a Tenant Party or to the extent not exacerbated by Tenant or a Tenant Party, or (ii) the gross negligence or willful misconduct of Landlord its employees, agents, contractors or invitees, or another tenant of the Project), or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by Tenant or a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section Landlord shall not be limited indemnify, defend and hold harmless Tenant from any Claims incurred by Tenant arising from Hazardous Materials to the extent existing at the Project as of the Term Commencement Date (excluding any limitation on contamination caused by Tenant or a Tenant Party or to the amount extent exacerbated by Tenant or type of damages, compensation or benefits payable by or for a Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationParty.)

Appears in 1 contract

Samples: Lease (Inovio Pharmaceuticals, Inc.)

Hazardous Materials. 8.120.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (PMV Pharmaceuticals, Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not arising from the acts or omissions of a Tenant Party or coming from property owned or leased by a Tenant Party or (ii) to the extent such contamination arises directly from Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Landlord hereby agrees to hold Tenant harmless from and against any and all loss, cost, damage, claim or expense (including legal fees) incurred in connection with or arising out of or relating in any way to the presence of Hazardous Materials at the Property as of the Execution Date, unless placed on the Property by a Tenant Party. The provisions of the foregoing sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Pyxis Oncology, Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Codex DNA, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or naturenature to the extent arising from any of the foregoing, including (w) diminution in value value, if any, of the Premises Project or any portion thereofthereof after remediation of such contamination in accordance with Applicable Laws (provided such remediation is actually performed by Tenant), (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject as a result of any act or omission of Tenant or any Tenant Party or breach of this Section 21 by Tenant or a Tenant Party. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if Landlord reasonably determines that such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party.

Appears in 1 contract

Samples: Lease (Carbylan Therapeutics, Inc.)

Hazardous Materials. 8.120.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) or if contamination of the Premises Project, any portion thereof, or any adjacent property by Hazardous Materials otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Partyhereunder, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (wa) diminution in value of the Premises Project or any portion thereof, (xb) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yc) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (zd) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contaminationcontamination or as close thereto as is commercially, reasonably practicable under the circumstances; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Halozyme Therapeutics Inc)

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Hazardous Materials. 8.1. 20.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Property in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProperty, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder hereunder, or (d) contamination of the Premises Property occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Property by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees (as defined in Section 27.1) harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProperty, (y) damages arising from any adverse impact on marketing of space in the Premises Property or any portion thereof and (z) sums paid in settlement of Claims (as defined in Section 27.1) that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred in connection with any judgments, damages, penalties, fines, liabilities or losses, any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProperty. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProperty, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProperty, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProperty, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProperty, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section 20.1 shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Tenant shall not be liable for any Hazardous Materials existing in the Premises prior to the Commencement Date unless such condition is aggravated by Tenant or any other Tenant Party, in which case Tenant’s liability shall be limited to the remediation of the aggravated condition and not the remediation of the pre-existing condition.

Appears in 1 contract

Samples: Lease Agreement (Aditx Therapeutics, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws Premises, the Building or the Project by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”), except for small amounts of Hazardous Materials included in typical office and cleaning supplies and equipment (provided that the same are stored, used and disposed of in accordance with Applicable Laws). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (REGENXBIO Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by the negligence or willful misconduct of any Landlord Party) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Epizyme, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors and invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall Tenant further agrees that it will not be limited by bring any limitation on Claim against Landlord arising from the amount presence of Hazardous Materials or type the contamination of damagesthe Project, compensation during the Term or benefits payable by any extension or for Tenant under workers' compensation actsrenewal hereof or holding over hereunder, disability benefit acts, employee benefit acts unless such Claim results from the gross negligence or similar legislationwillful misconduct of Landlord.

Appears in 1 contract

Samples: Lease (Infinity Oil & Gas Co)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall (a) indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party, and (b) reimburse Tenant for any out-of-pocket costs incurred by Tenant (and approved in advance by Landlord) to remediate Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date , unless such Hazardous Materials were placed at the Project by a Tenant Party.

Appears in 1 contract

Samples: Lease (Ignyta, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlrod’s gross negligence or willful misconduct), or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, compensate, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification and compensation by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Landlord hereby agrees to hold Tenant harmless from and against any and all loss, cost, damage, claim or expense (including legal fees) incurred in connection with or arising out of or relating in any way to the presence of Hazardous Materials at the Property as of the Execution Date, unless placed on the Property by a Tenant Party. The provisions of the foregoing sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Intellia Therapeutics, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withholdwithhold or delay; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Synlogic, Inc.)

Hazardous Materials. 8.139.1. Tenant shall not cause or permit any Hazardous Materials (as defined belowhereinafter defined) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant Tenant, its agents, employees, contractors or any Tenant Partyinvitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereofthe Building, the Project or any adjacent property, or (conly if Tenant leases the entire Building) if contamination of the Premises by Hazardous Materials otherwise occurs during the Term term of this Lease or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Partyhereunder, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees Landlord, its agents and contractors harmless from and against any and all Claims of any kind or natureclaims, including judgments, damages, penalties, fines, costs, liabilities and losses (w) including, without limitation, diminution in value of the Premises Premises, the Building, the Project or any portion thereof, (x) ; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) Premises or Project; damages arising from any adverse impact on marketing of space in the Premises Premises, the Building or any portion thereof the Project; and (z) sums paid in settlement of Claims claims, attorneys’ fees, consultants’ fees and experts’ fees) that arise before, during or after the Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesPremises for which Tenant is liable under the terms of this Lease. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof the Building, the Project or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof the Building, the Project or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or the Building, the Project and any adjacent property to its their respective condition existing prior to as of the time of such contaminationTerm Commencement Date; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof the Building or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationProject.

Appears in 1 contract

Samples: Lease (Sonus Pharmaceuticals Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to a condition as close as commercially practicable to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party (any such Hazardous Materials, “Pre-Existing Hazardous Materials”).

Appears in 1 contract

Samples: Lease (Unity Biotechnology, Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) or if contamination of the Premises Project, any portion thereof, or any adjacent property by Hazardous Materials otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (dother than if such contamination results from (a) contamination of the Premises occurs as a result migration of Hazardous Materials that are placed on or under or are released into from outside the Premises caused by a Tenant Partyor its employees, agents, contractors or invitees, or (b) to the extent such contamination is solely caused by Landlord’s gross negligence or willful misconduct, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (wa) diminution in value of the Premises Project or any portion thereof, (xb) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yc) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (zd) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant's obligations under this Section shall not be limited ’s option and with counsel reasonably acceptable to Tenant) and hold Tenant and its affiliates, employees, agents and contractors harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by any limitation on the amount Tenant or type of damagesits affiliates, compensation employees, agents or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationcontractors.

Appears in 1 contract

Samples: Lease (aTYR PHARMA INC)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder as a result of acts or omissions of a Tenant Party or if a Tenant Party exacerbates any existing condition involving Hazardous Substances, or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold Tenant harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the date Landlord delivers the Premises to Tenant, unless placed at the Project by a Tenant Party.

Appears in 1 contract

Samples: Lease (NanoString Technologies Inc)

Hazardous Materials. 8.1. 8.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease Agreement (Vireo Health International, Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) or if contamination of the Premises Project, any portion thereof, or any adjacent property by Hazardous Materials otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Partyhereunder, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (wa) diminution in value of the Premises Project or any portion thereof, (xb) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yc) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (zd) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Epizyme, Inc.)

Hazardous Materials. 8.18.3.1. Tenant shall not cause or permit any Hazardous Materials (as defined in Section 8.3.7 below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable applicable Laws by Tenant or any of its employees, agents, representatives, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees Indemnified Parties (as defined in Section 22.1.2 below) harmless from and against any and all Claims (as defined in Article 20 below) of any kind or nature, including (wi) diminution in value of the Premises Project or any portion thereof, (xii) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yiii) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (ziv) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding anything to the contrary in this Lease, Tenant shall have no liability, responsibility, duty or obligation for any Hazardous Materials conditions existing as of the Commencement Date to the extent not caused, contributed to or exacerbated by a Tenant Party.

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach by Tenant results in contamination of the PremisestheProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise Premisesotherwise occurs during the Term or any extension or renewal hereof or holding over hereunder as a result of acts or omissions of a Tenant Party or if a Tenant Party exacerbates any existing condition involving Hazardous Materials, or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant PartyTenantParty, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of to the extent resulting from such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, provided further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold Tenant harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the date Landlord delivers the Premises to Tenant, unless placed at the Project by a Tenant Party.

Appears in 1 contract

Samples: Lease (Silverback Therapeutics, Inc.)

Hazardous Materials. 8.17.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease Agreement (Innovative Industrial Properties Inc)

Hazardous Materials. 8.121.1. Effective as of January 1, 2008, Tenant shall not (and shall cause Subtenant not to) cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant Tenant, Subtenant or any of their respective employees, agents, contractors or invitees (collectively with Tenant and Subtenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises occurred during the term of the Sublease or any extension or renewal thereof or holding over thereunder, or otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises (but not including the premises under the 10240 Lease) not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s active negligence or willful misconduct or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about SMRH:418641422.8 31 0100-922173 the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Property in violation of Applicable Laws by Tenant or any its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProperty, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Property occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Property by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProperty, (y) damages arising from any adverse impact on marketing of space in the Premises Property or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProperty. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProperty, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProperty, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProperty, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProperty, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

Appears in 1 contract

Samples: Lease (Alnylam Pharmaceuticals, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Property in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If (a) Tenant breaches such obligation, (b) or if the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProperty, any portion thereof, or any adjacent property, (c) or if contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) other than if such contamination of the Premises occurs as a result results from migration of Hazardous Materials that are placed on or under or are released into from outside the Premises not caused by a Tenant Partyor its employees, agents, contractors or invitees), then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProperty. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProperty, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProperty, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProperty, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProperty, any portion thereof or any adjacent property. Tenant's obligations Notwithstanding any provision of this Lease to the contrary, Tenant shall in no event have any liability (by way of indemnification or otherwise) for removal or remediation of any Hazardous Materials from the Premises or the Property to the extent (i) of any condition existing in, on or under this Section shall not be limited by any limitation the Premises or the Property, as the case may be, on the amount Term Commencement Date, (ii) related to Hazardous Materials that migrate to the Premises following the Term Commencement Date from some other part of the Building or type Property other than as a result of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit the acts or similar legislationomissions of Tenant or any Tenant Party, or (iii) placed or release in or on the Premises following the Term Commencement Date by Landlord or Landlord’s agents, contractors and employees.

Appears in 1 contract

Samples: Lease (Aveo Pharmaceuticals Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or any holding over by Tenant hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not arising from the acts or omissions of a Tenant Party or coming from property owned or leased by a Tenant Party or (ii) to the extent such contamination arises directly from Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Indemnify the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed, caused or exacerbated at the Project by a Tenant Party.

Appears in 1 contract

Samples: Lease (Lyell Immunopharma, Inc.)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Buildings or the Project in violation of Applicable Laws by Tenant or any Tenant’s employees, agents, contractors or invitees (each, a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant's obligations under this Section shall not be limited ’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Phase 1 Commencement Date, except to the extent placed at the Project by any limitation on the amount or type of damages, compensation or benefits payable by or for a Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationParty.

Appears in 1 contract

Samples: Lease (Idenix Pharmaceuticals Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If In the event that: (a) Tenant breaches such obligation, (b) the presence of any Hazardous Materials as a result of such a breach results are brought upon, kept or used in contamination of or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or its employees, agents, contractors or invitees at any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs time during the Term or any extension or renewal hereof or holding over hereunder hereunder, (b) the presence of Hazardous Materials is the result of Tenant's breach of the covenants set forth in this Section 21.1 and results in contamination of the Project, any portion thereof, or any adjacent property, or (dc) contamination of the Premises occurs as a result of Project, any portion thereof, or any adjacent property by Hazardous Materials that are placed on otherwise occurs at any time during the Term or under any extension or are released into the Premises by a Tenant Partyrenewal hereof or holding over hereunder, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (wa) diminution in value of the Premises Project or any portion thereof, (xb) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yc) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (zd) sums paid in settlement of Claims that arise beforeprior to, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section Nothing in the foregoing shall not be limited by obligate Tenant to provide any limitation on indemnity with respect to periods prior to the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationCommencement Date.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant (each, a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party (a “Migration Event”) or (ii) to the extent such contamination is caused by the negligence or willful misconduct of any Landlord Party (as defined below)) or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party. ++++ The portions of this Exhibit marked with ++++ signify a redaction in the original Exhibit.

Appears in 1 contract

Samples: Sublease (Momenta Pharmaceuticals Inc)

Hazardous Materials. 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contaminationcontamination or as otherwise reasonably acceptable to Landlord; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the Tenant and its employees and agents harmless from and against any and all Claims that arise during or after the Term as a result of the presence of Hazardous Materials at the Property in violation of Applicable Laws to the extent placed on or under the Property by Landlord or its agents or employees.

Appears in 1 contract

Samples: Lease Agreement (Innovative Industrial Properties Inc)

Hazardous Materials. 8.121.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the PremisesProject, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder as a result of a breach hereof by Tenant or any Tenant Party, or (d) contamination of the Premises Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (y) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's ’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Landlord warrants and represents to Tenant that as of the date of this Lease there are no Hazardous Materials or contamination in, at, under the Property, the Project, the Building or the Premises in violation of Applicable Laws.

Appears in 1 contract

Samples: Lease (Fractyl Health, Inc.)

Hazardous Materials. 8.1. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises Premises, the Building or the Project in violation of Applicable Laws by Tenant or any Tenant Partyits employees, agents, contractors or invitees. If In the event that: (a) Tenant breaches such obligation, (b) the presence of any Hazardous Materials as a result of such a breach results are brought upon, kept or used in contamination of or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or its employees, agents, contractors or invitees at any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs time during the Term or any extension or renewal hereof or holding over hereunder hereunder, (b) the presence of Hazardous Materials is the result of Tenant’s breach of the covenants set forth in this Section 21.1 and results in contamination of the Project, any portion thereof, or any adjacent property, or (dc) contamination of the Premises occurs as a result of Project, any portion thereof, or any adjacent property by Hazardous Materials that are placed on otherwise occurs at any time during the Term or under any extension or are released into the Premises by a Tenant Partyrenewal hereof or holding over hereunder, then Tenant shall indemnify, save, defend (at Landlord's ’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or natureClaims, including (wa) diminution in value of the Premises Project or any portion thereof, (xb) damages for the loss or restriction on use of rentable or usable space or of any amenity of the PremisesProject, (yc) damages arising from any adverse impact on marketing of space in the Premises Project or any portion thereof and (zd) sums paid in settlement of Claims that arise beforeprior to, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, on or under or about the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the PremisesProject, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's ’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the PremisesProject, any portion thereof or any adjacent property. Tenant's obligations under this Section Nothing in the foregoing shall not be limited by obligate Tenant to provide any limitation on indemnity with respect to periods prior to the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislationCommencement Date.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

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