Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.
Appears in 2 contracts
Sources: Real Property Lease, Real Property Lease
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit to occur (i) any Hazardous Materialviolation of applicable Laws now or hereafter enacted or issued, as hereinafter defined, related to be brought upon, stored, used, generated, released into the environment, or disposed of environmental conditions on, in, under, or about the PropertyPremises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except reasonable quantities de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of stored in a manner that complies with all laws regulating Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any such governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials and with good business practices. Tenant covenants to remove from that occurs during the Property (or the Building, if applicable), upon the expiration or sooner termination Term of this Lease and at or from the Premises which arises at any time from Tenant's sole cost and use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, any prepare and all Hazardous Materials brought upon, stored, used, generated, or released into submit the environment during the term of this Leaserequired plans. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to Tenant shall indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agentits partners, and their respective agents and officers, directors, beneficiaries, shareholders, agents, employees, and their respective successors and assigns, lenders harmless from any and all claims, judgments, damages, penalties, fines, costssuits, procedures, claims, liabilities, and losses that arise during actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or after the term directly or indirectly from the usein any way connected with any deposit, storagespill, disposal, release or presence of Hazardous Materials on, indischarge, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any other release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of occurs during the Term of this Lease, whether caused by Tenant, at or from the Premises which arises at any time from Tenant's agents use or employeesoccupancy of the Premises or from Tenant's failure to provide all information, or any other persons or entities. As used hereinmake all submissions, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated and take all steps requires by any local governmental authority, authorities having jurisdiction over the state Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of Oregon, or the United States governmentthis Lease. The term “Hazardous Material” includesMaterials as used herein shall include any chemical, without limitationsubstance, any or material which has been or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under hereafter determined by any federal, state, or local law, (ii) governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leaseradon gas.
Appears in 2 contracts
Sources: Commercial Office Lease (Ask Jeeves Inc), Commercial Office Lease (Ask Jeeves Inc)
Hazardous Materials. Neither Landlord and Tenant nor Tenant's agents agree as follows with respect to the existence or employees shall cause or permit any use of “Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, ” in, under, on or about the PropertyLeased Premises, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable)and the Project:
(a) Tenant, upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, shall comply with all laws, statutes, ordinances, rules and regulations of any local, state or federal governmental authority having jurisdiction concerning environmental, health and all safety matters (collectively, “Environmental Laws”), including, but not limited to, the use of animals or laboratory specimens, any discharge into the air, surface, water, sewers, soil or groundwater of any Hazardous Materials brought uponMaterial (as defined below), storedwhether within or outside the Leased Premises or within the Building or Project. Notwithstanding the foregoing, used, generatednothing contained in this Lease requires, or released into shall be construed to require, Tenant to incur any liability related to or arising from environmental conditions (i) for which the environment during Landlord is responsible pursuant to the term terms of this Lease, or (ii) which existed within the Leased Premises, the Building or Project prior to the date Tenant takes exclusive possession of the Leased Premises, provided, however, that if any such environmental condition was exacerbated by Tenant (or Tenant’s contractors, subcontractors, agents, subtenants, assigns, etc.), the direct, out-of-pocket cost (and any delays resulting therefrom) of the liability therefor and any such removal or remediation shall be equitably borne by Landlord and Tenant based upon the degree to which Tenant’s (or such other Tenant parties’) actions have increased the cost of such removal or remediation. To Tenant shall comply with all applicable Requirements (including applicable zoning and building code requirements and Landlord’s reasonable quantity limitations to provide for multiple tenant use and compliance applicable to the fullest extent Building area and/or the so-called “control area” therein; provided, however, that Tenant shall only be permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protectuse the “control area” located within the Leased Premises and within the chemical storage area located on the first (1st) floor of the Building, and hold harmless in such areas Tenant shall not use more than the allocated proportionate share of permitted storage of Hazardous Materials for the floor on which such portion of the Leased Premises are located) pertaining to the transportation, storage, use or disposal of such Hazardous Materials. Tenant is required to adhere to and comply with the allowable quantities of Hazardous Materials that are allocated to them by the Landlord’s flammable matrix, from time to time. Landlord consents to Tenant’s use of the Hazardous Materials in the quantities listed in Exhibit H. In the event that Tenant requests ▇▇▇▇▇▇▇▇'s managing agent’s consent to revise or modify Exhibit H, Landlord shall respond within ten (10) Business Days after Tenant’s request for consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Except with respect to the items listed in Exhibit H hereto, Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises or otherwise in, on or at the Building or Project by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord, not to be unreasonably withheld, conditioned or delayed, and their respective agents provided that such materials are stored, used and employeesdisposed of in strict compliance with all applicable Environmental Laws and with good scientific and medical practice. Within ten (10) days following ▇▇▇▇▇▇▇▇’s written request, and their respective successors and assignsTenant shall provide Landlord with any information requested by Landlord concerning the existence, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release generation or presence disposal of Hazardous Materials onat the Leased Premises, inincluding, but not limited to, the following information: (a) the name, address and telephone number of the person or entity employed by Tenant to dispose of its Hazardous Materials, including a copy of any contract with said person or entity, (b) all relevant information relating to such materials (e.g., a list of each type of Hazardous Materials used, stored, generated or disposed of by Tenant at the Leased Premises and a description of how Tenant disposes of said Hazardous Materials, a copy of its most current materials list and applicable quantities thereof, applicable material safety data sheets ( MSDS) and safety data sheets (SDS) and transportation and removal manifests), (c) a copy of any laws, rules or regulations in Tenant’s possession relating to the disposal of the Hazardous Materials generated by Tenant, and (d) copies of any licenses or permits obtained by Tenant in order to use, generate or dispose of Hazardous Materials, including any MWRA permits and approvals. Tenant shall also as soon as practicable provide to Landlord (without demand by Landlord) a copy of any notice, registration, application, permit, or license given to or received from any governmental authority or private party, or persons entering or occupying the Leased Premises, concerning the presence, release, exposure or disposal of any Hazardous Materials in or about the Property that occurs during Leased Premises, the term Building, or the Project. Notwithstanding the foregoing, with respect to any of this Lease. Tenant shall promptly notify Landlord of any release of Tenant’s Hazardous Materials inwhich Tenant does not properly handle, onstore or dispose of in compliance with all applicable Environmental Laws and good scientific and medical practice, Tenant shall, upon written notice from Landlord, no longer have the right to bring such material into the Leased Premises, the Building of which the Leased Premises is a part or about the Property Project until Tenant has demonstrated, to Landlord’s reasonable satisfaction, that Tenant has implemented programs to thereafter properly handle, store or Tenant's agents or employees become aware dispose of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. such material.
(c) As used herein, the term “Hazardous Material” means any hazardous or toxic substances, hazardous waste, environmental, biological, chemical, radioactive substances, oil, petroleum products and any waste or substance, materialwhich because of its quantitative concentration, chemical, biological, radioactive, flammable, explosive, infectious or other characteristics, constitutes or may reasonably be expected to constitute or contribute to a danger or hazard to public health, safety or welfare or to the environment, or waste that would trigger any employee or community “right-to-know” requirements adopted by any federal, state or local governing or regulatory body or which is or otherwise becomes regulated by any local governmental authorityEnvironmental Law, including but not limited to the state Massachusetts “Right to Know” Law, Chapter 111F of Oregonthe General Laws of Massachusetts, or the United States governmentspecifically including live organisms, viruses and fungi, Medical Waste (as defined below), and so-called “biohazard” materials. The term “Hazardous Material” includes, without limitation, any material or substance that which is (i) defined designated as a “hazardous wastesubstance” pursuant to Section 1311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317),” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Aktis Oncology, Inc.), Lease Agreement (Aktis Oncology, Inc.)
Hazardous Materials. Neither A. Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, as hereinafter defined, Material to be brought upon, stored, used, generated, released into the environment, kept or disposed of on, in, under, used in or about the PropertyPremises by Tenant, its agents, employees, contractors or invitees, except reasonable quantities of cleaning supplies and office supplies for such Hazardous Material as is necessary or useful to or required as part of Tenant's business that are generatedbusiness.
B. Any Hazardous Material permitted on the Premises as provided in Paragraph 32.A. above, and all containers therefore, shall be used, kept, stored, or stored and disposed of in a manner that complies with all Federal, State and local laws regulating or regulations applicable to any such Hazardous Materials and with good business practices. Material.
C. Tenant covenants shall not discharge, leak or emit, or permit to remove from be discharged, leaked or emitted, any material into the Property (atmosphere, ground, sewer system or any body of water in violation of any applicable Governmental Regulations as defined in Paragraph 16.
D. At the Building, if applicable)commencement of each Lease Year, upon request Tenant shall disclose, to Landlord the expiration names and approximate amounts of all Hazardous Material which Tenant intends to store, use or sooner termination dispose of this on the Premises in the coming Lease Year. In addition, at the commencement of each Lease Year, beginning with the second Lease Year, Tenant shall disclose to Landlord, upon request the names and at Tenant's sole cost and expense, any and amounts of all Hazardous Materials brought upon, stored, which were actually used, generated, stored or released into disposed of on the environment during Premises if such materials were not previously identified to Landlord at the term commencement of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. previous Lease Year.
E. As used herein, the term “"Hazardous Material” " means (a) any "hazardous or toxic waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (b) any "hazardous substance" as defined by the Comprehensive Environmental Response, materialcompensation and Liability Act of 1980, or waste that as amended from time to time, and regulations promulgated thereunder; (c) any 110il, petroleum products, and their by-products"; and (d) any substance which is or becomes regulated by any Federal, State or local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Sync Research Inc), Lease Agreement (Entrada Networks Inc)
Hazardous Materials. Neither Tenant shall not cause nor Tenant's agents or employees shall permit, nor allow any Tenant Party to cause or permit permit, any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, usedmanufactured, generated, released into blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or disposed subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. environmental condition, Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, shall promptly take any and all Hazardous Materials brought upon, stored, used, generatedsteps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or released into shall, at Landlord’s election, reimburse Landlord, upon demand, for the environment during cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the term cost thereof; and upon completion of this Leasesuch work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to Tenant shall indemnify, defend, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord, ▇▇▇▇▇▇▇▇'s managing agent’s affiliated entities, and each of their respective agents and members, managers, partners, directors, officers, employees, and their respective shareholders, lenders, agents, contractors, along with the successors and assignsassigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and losses that arise expenses arising at any time during or after the term Term as a result (directly or indirectly from indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about the Property that occurs during the term Premises or other property as a result (directly or indirectly) of this Lease. Tenant’s and/or any Tenant shall promptly notify Landlord of any release of Hazardous Materials in, onParty’s activities, or about failure to act, in connection with the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entitiesPremises. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, includingThis indemnity shall include, without limitation, the indemnification provisions set forth hereincost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive any the expiration or termination of this Lease.
Appears in 2 contracts
Sources: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit the ------------------- storage, use, generation, release, handling or disposal (collectively, "Handling") of any Hazardous Material, Materials (as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of ondefined below), in, underon, or about the PropertyPremises or the Real Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except reasonable that Tenant shall be permitted to use normal quantities of cleaning supplies and office supplies necessary or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to or required as part the contrary contained herein, however, in no event shall Tenant permit any usage of Tenant's business that are generated, used, kept, stored, or disposed of Common Office Chemicals in a manner that complies with all laws regulating may cause the Premises or the Real Property to be contaminated by any such Hazardous Materials and with good business practicesor in violation of any Hazardous Materials Laws. Tenant covenants to remove from the Property shall immediately advise Landlord in writing of (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials brought uponLaws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, storedLandlord, usedthe Premises or the Real Property relating to damage, generatedcontribution, cost recovery, compensation, loss, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, injury resulting from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, on or about the Property that occurs during the term of this LeasePremises. Without Landlord's prior written consent (which consent may be withheld in Landlord's sole discretion), Tenant shall promptly notify Landlord not take any remedial action or enter into any agreements or settlements in response to the presence of any release of Hazardous Materials in, on, or about the Property that Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's agents breach of its obligations hereunder, or employees become aware (ii) any removal, cleanup, or restoration work and materials necessary to return the Real Property or any other property of during whatever nature located on the Term Real Property to their condition existing prior to the Handling of Hazardous Materials in, on or about the Premises. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, whether caused by Tenant"Hazardous Materials" means any explosive, Tenant's agents radioactive materials, hazardous wastes, or employeeshazardous substances, including without limitation asbestos containing materials, PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other persons or entities. As used hereinLegal Requirement regulating, the term “Hazardous Material” means any hazardous or toxic substance, materialrelating to, or waste that is imposing liability or becomes regulated by standards of conduct concerning any local governmental authoritysuch materials or substances now or at any time hereafter in effect (collectively, the state of Oregon, or the United States government. The term “"Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseMaterials Laws").
Appears in 2 contracts
Sources: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
Hazardous Materials. Neither (a) Tenant nor Tenant's agents may use chemicals such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily found and used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises, provided Tenant complies with all applicable Environmental Laws. Tenant shall not use, store, handle, treat, transport, release or employees shall cause or permit dispose of any other Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, Materials on or about the PropertyPremises or the Property without Landlord’s prior written consent, except reasonable quantities which Landlord may withhold or condition in Landlord’s sole discretion.
(b) Any handling, treatment, transportation, storage, disposal or use of cleaning supplies Hazardous Materials by Tenant in or about the Premises or the Property and office supplies necessary to or required as part Tenant’s use of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies the Premises shall comply with all laws regulating any such Hazardous Materials and with good business practicesapplicable Environmental Laws. Tenant covenants to remove from the Property shall, within ten (or the Building10) Business Days of Landlord’s written request therefor, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and disclose in writing all Hazardous Materials brought uponthat are being used by Tenant in the Premises, storedthe nature of such use and the manner of storage and disposal. Without Landlord’s prior written consent, used, generated, Tenant shall not conduct any sampling or released into investigation of soil or groundwater on the environment during Property to determine the term presence of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to any constituents therein.
(c) Tenant shall indemnify, defend, protectdefend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord harmless Landlordfrom and against, ▇▇▇▇▇▇▇▇'s managing agentany liabilities, and their respective agents and employees, and their respective successors and assigns, from any and all losses claims, judgmentsdamages, damagesinterest, penalties, fines, attorneys’ fees, experts’ fees, court costs, liabilitiesremediation costs, and losses that arise during or after the term directly or indirectly other expenses which, result from the use, storage, disposalhandling, treatment, transportation, release, threat of release or presence disposal of Hazardous Materials on, in, in or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, Premises or about the Property that by Tenant or Tenant's agents or employees become aware of during the Term of this Lease’s agents, whether caused by Tenant, Tenant's agents or employees, contractors or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestosinvitees. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, paragraph (c) shall survive any the expiration or earlier termination of this Lease.
(d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Premises or the Property, and (ii) any Environmental Condition of which Tenant is aware.
Appears in 2 contracts
Sources: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)
Hazardous Materials. Neither Tenant Sublessee shall not cause, direct, suffer or permit Sublessee or any of its agents, contractors, employees, licensees or invitees, to use, handle, manufacture, store or dispose of in or about the Premises or the Chelsea Piers (i) any substance subject to regulation by or under any federal, state or local laws or ordinances relating to the protection of the environment or the storage, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant thereto (collectively “Environmental Laws”) or ( ii) any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives ((i) and (ii) collectively “Hazardous Materials”); nor Tenant's agents or employees shall cause Sublessee suffer or permit any Hazardous Material, as hereinafter defined, Materials to be brought uponused in any manner other than in compliance with Environmental Laws. Notwithstanding the foregoing, storedand subject to Sublessor’s prior consent, usedSublessee may handle, generatedstore, released into the environment, use or disposed dispose of on, in, under, or about the Property, except reasonable products containing small quantities of cleaning supplies Hazardous Materials (such as toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office supplies necessary to or required as part purposes; provided that Sublessee shall always handle, store, use, and dispose of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials in a safe and with good business practices. Tenant covenants to remove lawful manner and shall prevent such Hazardous Materials from contaminating the Property (Premises, the Chelsea Piers and/or appurtenant land or the Buildingenvironment (the foregoing being “Sublessee’s Environmental Covenant”). Sublessee shall indemnify and hold each and all of Sublessor, if applicable)Sublessor’s manager, upon the expiration or sooner termination of this Lease officers, directors, agents, affiliates, contractors and at Tenant's sole cost employees harmless from and expense, against any and all loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of any breach by Sublessee or any of Sublessee’s employees, agents or contractors of Sublessee’s Environmental Covenant. Notwithstanding the foregoing, (a) in no event shall Sublessee have any liability hereunder on account of Hazardous Materials brought upon, stored, used, generated, that were present in the Premises or released into the environment during Building prior to the term date of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and (b) Sublessor shall indemnify and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, Sublessee from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgments, damages, penalties, fines, costslawsuits, liabilities, losses, damages and losses that arise during or after expenses (including without limitation cleanup costs and reasonable attorney’s fees) arising out of the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, on or about under the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, Premises or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined Building unless present as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” result of the acts of Sublessee or “waste” under its contractors, agents, employees or invitees. Sublessor’s warrants that Sublessor has no actual knowledge of the existence of any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseHazardous Materials.
Appears in 2 contracts
Sources: Sublease (2U, Inc.), Sublease (2U, Inc.)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees Subject to the remaining provisions of this ------------------- paragraph, Lessee shall cause or permit any be entitled to use and store only those Hazardous MaterialMaterials (defined below), as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatednecessary for Lessee's business, used, kept, stored, or disposed of provided that such usage and storage is in a manner that complies full compliance with all laws regulating any such Hazardous Materials applicable local, state and with good business practicesfederal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Tenant covenants to remove from Lessor shall have the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and right at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. To Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the fullest extent permitted Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by lawthe acts or omissions of Lessee, ▇▇▇▇▇▇ hereby agrees or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend, protect, defend and hold Lessor harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, suits, administrative proceedings and losses that arise during costs (including, but not limited to, attorneys' and consultant fees) arising from or after the term directly or indirectly from related to the use, presence, transportation, storage, disposal, spill, release or presence discharge of Hazardous Materials on, in, on or about the Property that occurs during Premises caused by the term acts or omissions of this LeaseLessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Tenant Lessee shall promptly notify Landlord of not be entitled to install any release tanks under, on or about the Premises for the storage of Hazardous Materials inwithout the express written consent of Lessor, on, which may be given or about the Property that Tenant or Tenantwithheld in Lessor's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entitiessole discretion. As used herein, the term “Hazardous Material” means Materials shall mean (i) any hazardous or toxic substancewastes, materialmaterials or substances, and other pollutants or waste that is contaminants, which are or becomes become regulated by any local governmental authorityall applicable local, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, and federal laws; (ii) petroleum, and ; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, paragraph shall survive any the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.
Appears in 2 contracts
Sources: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents (a) As used herein, the term "Hazardous Materials" means and includes any hazardous or employees shall cause toxic substance, material or permit waste which is or subsequently becomes regulated by any Hazardous Materiallocal or governmental authority, as hereinafter definedthe State of Arizona or the United States, including, without limitation, any hazardous substances, hazardous material, pollutants, contaminants or regulated substances defined in or the purposes of, the Comprehensive Environmental Response Compensation and Liability Act, any applicable "Superfund" or “Superlien” law, Toxic Substances Control Act, the Solid Waste Disposal Act, the Clean Water Act or any other applicable law, statute, rule, regulation or ordinance, regulating, relating to be brought upon, stored, used, generated, released into the environmentor imposing liability for, or disposed a standard of onconduct concerning, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and materials, substances or waste (“Environmental Laws”).
(b) Sublessee shall exercise all due diligence in order to comply with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all laws, regulations or orders with respect to the use, discharge, removal, and presence of any Hazardous Materials brought upon, stored, used, generated, on or released into with respect to the environment during the term of this LeasePremises. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to Sublessee shall indemnify, defend, protect, defend and hold Sublessor harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, obligations, suits, taxes, charges and losses that disbursements (including, without limitation, diminution in value of the Property, damages arising from any adverse impact on marketing the Property, and sums paid in settlement of claims, actual attorneys' fees, consultant fees and expert fees) which arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused Sublease to the extent resulting from any failure by Tenant, Tenant's agents or employeesSublessee, or any other persons of Sublessee's officers, directors, employees, agents, licensees or entities. As used hereininvitees, the term “to exercise all due diligence with respect to any and all Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States governmentMaterials. The term “Hazardous Material” foregoing indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up remedial or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material to the extent caused or permitted by Sublessee to be present in the soil or groundwater on, in or under the Property.
(c) Without limiting the generality of the foregoing, if Sublessee negligently or willfully fails to comply with any law, regulation or order with respect to Hazardous Material, Sublessee shall promptly take all action, at its sole expense, as may be necessary to return the Property to the condition existing prior to the occurrence of any such Hazardous Materials situation; provided that Sublessor's approval of such action shall first be obtained, not to be unreasonably withheld provided such action, in Sublessor's sole and absolute discretion, will not have any material and adverse effect on the Property.
(d) Sublessee will, when requested by Sublessor, or substance that is any Ground Lessor or Mortgagee, provide a detailed for, and thereafter evidence of, compliance with Environmental Laws in connection with use and occupancy of the Property pursuant to this Sublease (a "Compliance Program"); provided, neither such request for, nor Sublessees' providing and complying with, a Compliance Program shall in any way be deemed to: (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” make Sublessor responsible for any such use or “waste” under any federal, state, or local law, operation; (ii) petroleumaffect, and resublease or limit Sublessee's obligations under this Sublease, whether with respect to Environmental Laws or otherwise, or (iii) asbestos. treat the Compliance Program as evidence of Sublessee's compliance with any Environmental Laws.
(e) The provisions indemnity, hold harmless and other obligations of Sublessee under this Section 28.17 shall survive the termination or expiration of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseSublease.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement
Hazardous Materials. Neither a. Tenant nor represents, warrants and agrees that: (i) the Property shall be kept free of Hazardous Materials (as defined herein), arising from Tenant's agents ’s use or employees occupancy of the Property (and that of its agents, employees, contractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant’s business and office use and at all times subject to any applicable Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or process Hazardous Materials; (ii) Tenant shall not cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release installation of Hazardous Materials in, on, over or about under the Property or a Release (hereinafter defined) of Hazardous Materials onto or from the Property or suffer the presence of Hazardous Materials in, on, over or under the Property; (iii) Tenant shall comply with, and insure compliance by Tenant’s agents, employees, contractors, and invitees with, all applicable Environmental Laws (as hereinafter defined) relating to or affecting the Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any applicable Environmental Laws, all at Tenant’s sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant or Tenant's agents or employees become aware of during the Term of this Leasereceives any notice from any governmental agency, whether caused by Tenant, Tenant's agents or employeesentity, or any other persons party with regard to Hazardous Materials on, from or entities. As used hereinaffecting the Property and Tenant shall conduct and complete all investigations, studies, sampling and testing, and all remedial soil removal, and other actions necessary to clean up and remove all Hazardous Materials on, from or affecting the term “Hazardous Material” means Property in accordance with all applicable Environmental Laws.
b. Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any hazardous and all liens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including without limitation, reasonable attorney and expert fees and expenses) and claims of any and every kind whatsoever paid, incurred, suffered by or toxic substanceasserted against Landlord and/or the Property for, materialwith respect to, or waste that is as a direct or becomes regulated by any local governmental authorityindirect result of the following: (i) the presence in, the state of Oregonon, over or under, or the United States government. The term “escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any Hazardous Material” includes, without limitation, any material Materials if caused by or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, within the control of the Tenant; (ii) petroleum, the failure by Tenant to comply fully with the terms and (iii) asbestos. The provisions of this Section 20paragraph. In the event Landlord suspects Tenant has violated any of the covenants, warranties or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the premises are not free of Hazardous Materials for any reason, Tenant shall take such steps as Landlord requires by written notice to Tenant in order to confirm or deny such occurrences, including, without limitation, the indemnification provisions set forth hereinpreparation of environmental studies, surveys or reports. In the event Tenant fails to take such action, Landlord may take such action as Landlord deems necessary, and the cost and expenses of all actions taken by Landlord, including, without limitation, Landlord’s attorney’s fees, shall survive be added as Additional Rent. Notwithstanding the foregoing, in no event shall Tenant be responsible to Landlord for the presence or release of Hazardous Materials at, within, or the line around the Property or for the violation of any termination Environmental Laws (i) which existed prior to the commencement of this LeaseTenant’s use or occupancy of the Property or (ii) which was not caused in whole or in part by Tenant or its agents, employees, officers, partners, contractors, or invitees.
Appears in 2 contracts
Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)
Hazardous Materials. Neither (a) Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant nor Tenant's agents or employees shall agrees not to cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, handled, generated, released into the environment, or disposed of on, in, under, under or about the PropertyPremises, except reasonable quantities the Building, the Common Areas or any other portion of cleaning supplies the Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "TENANT'S PARTIES"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and office supplies necessary absolute discretion. Concurrently with the execution of this Lease, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit "G" attached hereto. Upon the expiration or required as part earlier termination of Tenant's business that are generatedthis Lease, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants agrees to promptly remove from the Property (or Premises, the BuildingBuilding and the Project, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated, generated or released into upon, in, under or about the environment during Premises, the term Building and/or the Project or any portion thereof by Tenant or any of this LeaseTenant's Parties. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby Tenant agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord's partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, and their respective agents and directors, employees, and their respective agents, successors and assignsassigns (collectively, "LANDLORD INDEMNIFIED PARTIES") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, liabilitiessums paid in settlement of claims, attorneys' fees, consultant fees and losses that expert fees and court costs) which arise during or after the term directly or indirectly result from the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about the Property that occurs during Premises, the term Building or any other portion of this Leasethe Project and which are caused or permitted by Tenant or any of Tenant's Parties. Tenant shall agrees to promptly notify Landlord of any release of Hazardous Materials inin the Premises, on, the Building or about any other portion of the Property that Project which Tenant or Tenant's agents or employees become becomes aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord. At all times during the Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials. As used hereinin this Lease, the term “Hazardous Material” means "HAZARDOUS MATERIALS" shall mean and include any hazardous or toxic substancematerials, materialsubstances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or waste that is ruling of any agency of the State, the United States Government or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includesincluding, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federalasbestos, state, or local law, (ii) petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls (iii) asbestos"PCBs"), and freon and other chlorofluorocarbons. The provisions of this Section 20, including, without limitation, 6.4 will survive the indemnification provisions set forth herein, shall survive any expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Multi Tenant Industrial Lease (Aurora Biosciences Corp), Multi Tenant Industrial Lease (Triple Net) (Aurora Biosciences Corp)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities42.1. As used hereinin this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substancesubstances, material, material or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20related materials, including, without limitation, any substances defined as or included in the indemnification provisions set forth hereindefinition of “hazardous substances”, “hazardous wastes,” “infectious wastes,” “hazardous materials” or “toxic substances” now or subsequently regulated under any federal, state or local laws or regulations including, without limitation, petroleum-based products, printing inks, acids, pesticides, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons.
42.2. Tenant shall survive not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises or the Project by Tenant, its agents, employees, contractors, affiliates, sublessees or invitees. Tenant shall indemnify, defend and hold Landlord harmless from all actions (including, without limitation, remedial or enforcement actions of any kind, and administrative or judicial proceedings and orders or judgments), costs, claims, damages (including punitive damages), expenses (including, attorneys’, consultants’ and experts’ fees, court costs) amounts paid in settlement, fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief, liabilities or losses arising from a breach of this prohibition by Tenant, its agents, employees, contractors, affiliates, sublessees or invitees. Upon expiration or earlier termination of this Lease, Tenant shall cause any Hazardous Materials arising out of or related to the use or occupancy of the Premises by Tenant or its agents, affiliates, customers, employees, business associates or assigns to be removed from the Premises and the Project and properly transported for use, storage or disposal in accordance with all applicable laws, regulations and ordinances.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents (a) GSA IV shall not (either with or employees shall without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of Materials in a any manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted not sanctioned by law. In all events, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, GSA IV shall indemnify and hold Grantor harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the presence or release of any Hazardous Materials on the Easement Area if caused by GSA IV or persons acting under GSA IV. GSA IV shall execute such affidavits, representations and the like from time to time as Grantor may reasonably request concerning GSA IV's best knowledge and belief as to the presence of Hazardous Materials within the Easement Area.
(b) Grantor shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Materials in any manner not sanctioned by law, provided, however, that, without accepting any liability for such condition, GSA IV acknowledges and accepts the condition that the Grantor’s Property is a former solid-waste landfill. In all events, Grantor shall indemnify and hold GSA IV harmless from any and all claims, damages, fines, judgments, penalties, fines, costs, liabilitiesliabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and losses that arise during consultants' and experts' fees) from the presence or after release of any Hazardous Materials on Grantor's Property unless caused by GSA IV or persons acting under GSA IV. Grantor shall execute such affidavits, representations and the like from time to time as GSA IV may reasonably request concerning Grantor's best knowledge and belief as to the presence of Hazardous Materials on Grantor's Property.
(c) For purposes of this Easement, the term directly "Hazardous Materials" means any substance which is
(i) designated, defined, classified or indirectly from regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii) radioactive materials. "Environmental Law(s)" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections 1251, et seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, clean-up, transportation or release or presence threatened release into the environment of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseMaterials.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause not use or permit any Hazardous Materialhazardous, as hereinafter defined, to toxic or radioactive materials ("HAZARDOUS MATERIALS")to be brought upon, stored, used, generated, released into the environment, kept or disposed of on, in, under, used in or about the PropertyPremises, except reasonable quantities the Improvements or any portion of cleaning supplies the Development by Tenant, its agents, employees or contractors, unless such Hazardous Materials are necessary or useful to and office supplies necessary to or required as part of customarily used in Tenant's business that are generated, and will be used, kept, stored, or disposed of kept and stored in a manner that complies with all laws regulating any such Hazardous Materials Materials. In addition, Tenant shall be entitled to use general office supplies, normal janitorial supplies, supplies used in maintaining its equipment and swimming pool supplies in a manner that complies with good business practicesall laws regulating their use. If Tenant breaches the covenants to remove from the Property (or the Buildingand obligations set forth herein or, if applicable), upon the expiration or sooner termination presence of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought uponon, storedin or about the Premises, used, generated, the Improvements or released into any other portion of the environment during the term of this Lease. To the fullest extent Development caused or permitted by lawTenant, ▇▇▇▇▇▇ hereby agrees to its agents, employees or contractors results in contamination of the Premises, the Improvements or any other portion of the Development, then Tenant shall indemnify, defend, protect, defend and hold Landlord and the owner(s) and operator(s) of the Common Areas free and harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgments, damages, penalties, fines, costs, liabilitiesliabilities and losses (including diminution in the value of the Premises and/or the Common Areas, damages for the loss or restriction on use of rentable or useable space or of any amenity of the Premises, the Improvements or any other portion of the Development, and losses that sums paid in settlement of claims, attorneys' fees and costs, consultants' fees and expert fees) which arise during or after the term directly Term as a result of such contamination. This indemnification by Tenant of Landlord and the owner(s) and operator(s) of the Common Areas, includes any and all costs incurred in connection with any investigation of site conditions or indirectly from any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of such Hazardous Materials in, on, on or about the Property that Tenant or Tenant's agents or employees become aware of during Premises, the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, Improvements or any other persons portion of the Development, including the soil or entities. As used herein, ground water on or under the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestosDevelopment. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, 8.3(i) shall survive any the expiration or earlier termination of this Lease.. Landlord shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises or any other portion of the Development by Landlord, its agents, employees or contractors unless such Hazardous Materials are used, kept and stored in a manner that complies with all laws regulating such Hazardous
Appears in 1 contract
Sources: Lease (Sports Club Co Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents covenants and agrees not to suffer, permit, introduce or employees shall cause maintain in, on or permit about any portion of the Demised Premises, any asbestos, polychlorinated biphenyls, petroleum products or any other hazardous or toxic materials, wastes and substances which are defined, determined or identified as such in any Federal, state or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) or any judicial or administrative interpretation of any thereof, including any judicial or administrative orders or judgments (herein collectively called "Hazardous Materials"). Tenant further covenants and agrees to indemnify, protect and save Landlord harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including, without limitation, attorneys' and experts' fees and disbursements) which may at any time be imposed upon, incurred by or asserted or awarded against Landlord and arising from or out of any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of Materials on, in, underunder or affecting all or any portion of the Demised Premises, introduced by, or about on behalf of, Tenant including, without limitation (i) the Property, except reasonable quantities costs of cleaning supplies and office supplies necessary to or required as part removal of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought uponfrom all or any portion of the Demised Premises, stored, used, generated, or released into (ii) additional costs required to take necessary precautions to protect against the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about affecting the Property that occurs during Demised Premises, into the term air, any body of this Lease. Tenant shall promptly notify Landlord of water, any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, other public domain or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, surrounding areas and (iii) asbestosany costs incurred to comply, in connection with all or any portion of the Demised Premises, with all applicable laws, orders, judgments and regulations with respect to Hazardous Materials. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, Tenant’s obligations hereunder shall survive any the expiration or earlier termination of this Lease.
Appears in 1 contract
Hazardous Materials. Neither (a) Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials’ as defined in this Lease), Tenant nor Tenant's agents or employees shall agrees not to cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, handled, generated, released into the environment, or disposed of on, in, under, under or about the PropertyPremises, except reasonable quantities the Building, the Common Areas or any other portion of cleaning supplies the Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and office supplies necessary absolute discretion. Concurrently with the execution of this Lease, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit “G” attached hereto. Upon the expiration or required as part earlier termination of Tenant's business that are generatedthis Lease, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants agrees to promptly remove from the Property (or Premises, the BuildingBuilding and the Project, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated, generated or released into upon, in, under or about the environment during Premises, the term Building and/or the Project or any portion thereof by Tenant or any of this LeaseTenant’s Parties. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby Tenant agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord’s partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, and their respective agents and directors, employees, and their respective agents, successors and assignsassigns (collectively, landlord indemnified Parties”) from and against any and all claims, damages, judgments, damagessuits, causes or action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, liabilitiessums paw in settlement of claims, attorneys’ fees, consultant fees and losses that expert fees and court costs) which arise during or after the term directly or indirectly result from the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about the Property that occurs during Premises, the term Building or any other portion of this Leasethe Project and which are caused or permitted by Tenant or any of Tenant’s Parties. Tenant shall agrees to promptly notify Landlord of any release of Hazardous Materials inin the Premises, on, the Building or about any other portion of the Property that Project which Tenant or Tenant's agents or employees become becomes aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant’s Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord. At all times during the Term of this Lease. Landlord will have the right, but not the obligation, to enter upon the Premises to Inspect, Investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials. As used hereinin this Lease, the term “Hazardous MaterialMaterials” means shall mean and include any hazardous or toxic substancematerials, materialsubstances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or waste that is ruling of any agency of the State, the United States Government or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includesIncluding, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federalasbestos, state, or local law, (ii) petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam Insulation, polychlorinated biphenyis (iii) asbestosPCBs”), and freon and other chlorofluorocarborns. The provisions of this Section 20, including, without limitation, 6.4 will survive the indemnification provisions set forth herein, shall survive any expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Multi Tenant Industrial Lease (BioMed Realty Trust Inc)
Hazardous Materials. Neither (a) In the event that Tenant nor Tenant's agents or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into discovers the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on(as defined below in this Section 6.7) on or under the Leased Premises subsequent to the Commencement Date, Tenant shall, within five (5) days of such discovery, notify Landlord in writing of such discovery and shall promptly thereafter provide a reasonably detailed description of the location, extent and nature of the Hazardous Materials discovered, and if it is determined that the Hazardous Materials were placed or discharged after the Commencement Date by persons other than Master Landlord, Landlord or their Representatives, MiniMed's plan to remediate such contamination. All remediation which is undertaken with respect to the Leased Premises shall comply with all Governmental Restrictions.
(b) In the event that any Hazardous Materials are or were discharged in, on or about under the Property that occurs during Leased Premises by Master Landlord or Landlord or any of its Representatives or anyone else acting on behalf of Landlord before or after the term of this Lease. Tenant shall promptly notify Landlord of any release of Commencement Date, or anyone else before the Commencement Date, and such Hazardous Materials in, on, are required to be remediated pursuant to applicable laws or about the Property that Tenant or same has a material and adverse affect upon Tenant's agents use of or employees become aware operation of during the Term Leased Premises or the Improvements, Landlord shall perform or cause to be performed the necessary clean-up of such Hazardous Materials on or affecting the Leased Premises or the Improvements at no expense to Tenant, and Landlord shall defend, indemnify and hold Tenant and MiniMed harmless against and from all clean up costs in connection therewith.
(c) For purposes of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “"Hazardous Material” Materials" means any hazardous or toxic chemical, substance, object, condition, material, waste, or waste that controlled substance which is or becomes regulated by any local governmental authoritymay be hazardous to human health or safety or to the environment, the state of Oregondue to its radioactivity, ignitability, corrosiveness, explosivity, flammability, reactivity, toxicity, infectiousness, or the United States government. The term “Hazardous Material” includesother harmful or potentially harmful properties or effects, including, without limitation, all chemicals, substances, materials, or wastes that are now or hereafter may be listed, defined, or regulated in any material manner by any federal, state, or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” local government agency or “waste” entity, or under any federal, state, or local law, (ii) petroleumregulation, and (iii) asbestos. The provisions of this Section 20ordinance, includingrule, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasepolicy or procedure due to such properties or effects.
Appears in 1 contract
Sources: Ground Sublease (Minimed Inc)
Hazardous Materials. (a) Neither Landlord nor Tenant nor Tenant's agents or employees shall cause use, generate, manufacture, produce, store, treat, dispose, or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of escape on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, storedabout, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (Demised Premises or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employeesShopping Center, or any other persons part thereof, of any asbestos or entities. As used hereinany flammable, the term “Hazardous Material” means any hazardous explosive, radioactive, hazardous, toxic, contaminating, or toxic polluting matter, waste, oil or substance, or related injurious materials or waste, whether injurious by themselves or in combination with other materials (collectively "Hazardous Materials"). Further, Landlord or Tenant shall not use, generate, manufacture, produce, store, treat, dispose, or permit the escape on, under, about, or from the Demised Premises or Shopping Center of any material, substance, or waste that chemical which is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, rule, ordinance, or regulation (ii) petroleumcollectively "Regulated Materials"). Notwithstanding the foregoing, in the event Tenant's use of the Demised Premises requires the use and/or storage of any Hazardous Materials and/or Regulated Materials on or about the Demised Premises, Tenant may use and store upon the Demised Premises such materials. Tenant shall comply with all laws, rules, regulations, statutes, and (iii) asbestos. The provisions of this Section 20ordinances with respect to such use and storage, including, without limitation, the indemnification provisions set forth herein, shall survive any removal and disposal of such Hazardous Materials and/or Regulated Materials at the expiration or earlier termination of this Lease, and the regular frequent maintenance of the systems using such Hazardous Materials and/or Regulated Materials and the disposal thereof, and to provide evidence of such maintenance or disposal upon request of Landlord.
(b) Tenant shall defend, indemnify, protect, and hold Landlord and each of Landlord's members, employees, agents, attorneys, successors, and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses, or expenses (including reasonable attorney fees) for death of or injury to any person or damage to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by: (1) the presence in, on, under, or about the Demised Premises, or discharge in or from the Demised Premises, of any Hazardous Materials and/or Regulated Materials to the extent such presence is attributable to Tenant, or Tenant’s contractors, licensees, agents, servants, or employees; or (2) Tenant's failure to comply with any federal, state, county, municipal, local, or other law, rule, ordinance, or regulation now or hereafter in effect relating to the industrial hygiene, environmental protection, use, analysis, generation, manufacture, purchase, transportation, storage, removal, or disposal of Hazardous Materials and/or Regulated Materials. In addition, in the event that Hazardous Materials and/or Regulated Materials are present in, on, under, or about the Demised Premises, and the presence of the same is attributable to Tenant, Tenant shall remediate such Hazardous Materials and/or Regulated Materials to the extent required by law.
(c) Landlord shall defend, indemnify, protect, and hold Tenant and each of Tenant's shareholders, employees, agents, attorneys, successors, and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses, or expenses (including reasonable attorney fees) for death of or injury to any person or damage to any property whatsoever, arising from: (1) the presence in, on, under, or about the Demised Premises, or discharge in or from the Demised Premises, of any Hazardous Materials and/or Regulated Materials, to the extent such presence is attributable to Landlord, or Landlord’s other tenants, contractors, licensees, agents, servants or employees; or (2) Landlord's failure to comply with any federal, state, county, municipal, local, or other law, rule, ordinance, or regulation now or hereafter in effect relating to the industrial hygiene, environmental protection, use, analysis, generation, manufacture, purchase, transportation, storage, removal, or disposal of Hazardous Materials and/or Regulated Materials. In addition, in the event that Hazardous Materials and/or Regulated Materials are present in, on, under, or about the Demised Premises, and the presence of the same is not attributable to Tenant, Landlord shall (i) remediate such Hazardous Materials and/or Regulated Materials to the extent required by law; (ii) cause such Hazardous Materials and/ or Regulated Materials to be remediated by the responsible party; or (iii) provide notice to Tenant, within thirty (30) days after the presence of same is discovered, that Landlord does not intend to remediate such due to the prohibitive cost thereof, at which time the Tenant shall become vested with a sixty (60) day right to terminate this Lease.
Appears in 1 contract
Sources: Lease Agreement
Hazardous Materials. Neither A. Except for (i) ordinary and general office supplies typically used in the ordinary course of business, such as copier toner, liquid paper, glue and ink, and common household cleaning materials, and (ii) products which are necessary and customary in the conduct of Tenant’s business in accordance with Tenant’s Permitted Use, all of which shall be stored, used and disposed of in accordance with all Hazardous Material Laws, Tenant nor Tenant's agents or employees shall agrees not to cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, handled, generated, released into the environment, or disposed of of, on, in, under, under or about the PropertyLeased Premises, except reasonable quantities by Tenant, its agents, employees, subtenants, assignees, contractors or invitees. Tenant shall not discharge Hazardous Materials or wastes into or through any sanitary sewer serving the Leased Premises.
B. Tenant shall promptly notify Landlord in writing (and provide Landlord with copies) when (and if) Tenant first becomes aware or receives notice of cleaning supplies any proceedings, actions, claims, notices, demands, reports or asserted violations arising out of or in connection with the presence of Hazardous Materials, or any actual or alleged violations of any Hazardous Material Laws, at, on, under or near the Leased Premises.
C. In the event Hazardous Materials are discovered in, under or about the Leased Premises at any time due to any act or omission of Tenant (its agents, employees or contractors) which is (a) negligent, (b) unlawful, or (c) in violation of Tenant’s obligations pursuant to the Lease, Tenant shall promptly, at its sole risk and office supplies expense, commence to perform, and diligently prosecute to completion, all work necessary to or required as part to remove, treat, dispose of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such and clean up the Hazardous Materials and return the Leased Premises to the condition existing prior to the contamination by the Hazardous Materials. All such remediation shall be approved by Landlord and shall be performed to its satisfaction in accordance with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this LeaseLaws.
▇. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, shall defend, protect, indemnify and hold harmless Landlord’s Indemnitees, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective its successors and assigns, from and against any and all claimsliabilities, judgmentsactions, damagesdemands, penalties, fineslosses, costs and expenses (including reasonable attorneys’ fees, consultants’ fees and remedial costs), liabilitiessuits, costs of any settlement or judgment and losses that arise during claims which may be paid, incurred or after suffered by or asserted against any of Landlord’s Indemnitees, its successors and assigns, as a result of the term directly presence on or indirectly from under the use, storage, disposal, release or presence Leased Premises of Hazardous Materials on, inMaterials, or about the Property that occurs during Release of Hazardous Materials, which such presence or Release is due to (a) any act or omission of Tenant (its agents, employees, contractors or invitees) or (b) in violation of Tenant’s obligations pursuant to the term of Lease. Notwithstanding the foregoing, or anything to contrary contained elsewhere in this Lease. Tenant , the foregoing indemnification shall promptly notify Landlord not include the presence or Release of any release of Hazardous Materials in, onon or under the Leased Premises prior to the Commencement Date, or about the Property that unless due to a Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseRelease.
Appears in 1 contract
Sources: Lease Agreement
Hazardous Materials. Neither Tenant nor Tenant's agents (A) The Real Estate Owner represents, warrants and covenants that the Real Estate Owner has not used Hazardous Materials on, from or employees affecting the Real Estate Owner Project Facility in any manner that violates any Applicable Law, including but not limited to those governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials, and, to the best of the Real Estate Owner’s knowledge, no prior owner of the Real Estate Owner Project Facility or any tenant, subtenant, prior tenant or prior subtenant has used Hazardous Materials on, from or affecting the Real Estate Owner Project Facility in any manner that violates any Applicable Law, including but not limited to those governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials.
(B) The Real Estate Owner shall keep or cause the Real Estate Owner Project Facility to be kept free of all Hazardous Materials, except as permitted in accordance with Applicable Laws. Without limiting the foregoing, the Real Estate Owner shall not cause or permit any the Real Estate Owner Project Facility to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous MaterialMaterials, except in compliance with all Applicable Laws, nor shall the Real Estate Owner cause or permit, as hereinafter defined, to be brought upon, stored, used, generated, released into a result of any intentional or unintentional act or omission on the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatedthe Real Estate Owner or any tenant or subtenant of the Real Estate Owner, used, kept, stored, or disposed an unlawful release of in a manner that complies with all laws regulating any such Hazardous Materials onto the Real Estate Owner Project Facility or onto any other property.
(C) The Real Estate Owner shall comply with, and with good business practices. Tenant covenants to remove from ensure compliance by all tenants and subtenants of the Property (or Real Estate Owner with, all Applicable Laws regarding Hazardous Materials whenever and by whomever triggered, and shall obtain and comply with, and ensure that all tenants and subtenants of the Building, if applicable), upon the expiration or sooner termination of this Lease Real Estate Owner obtain and at Tenant's sole cost and expensecomply with, any and all Hazardous Materials brought uponapprovals, stored, used, generated, registrations or released into the environment during the term of this Lease. permits required thereunder.
(D) To the fullest extent permitted required by lawany State or federal environmental regulator, ▇▇▇▇▇▇ hereby agrees the Real Estate Owner shall (1) conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions necessary to indemnifyclean up, remove or contain all Hazardous Material on, from or affecting the Real Estate Owner Project Facility (a) in accordance with all Applicable Laws, (b) to the satisfaction of the Agency, and (c) in accordance with the orders and directives of all federal, state and local governmental authorities and (2) defend, protectindemnify, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, the Agency and their respective agents and its employees, agents, officers and their respective successors members from and assigns, from against any and all claims, judgments, damagesdemands, penalties, fines, costs, liabilities, and losses that arise during settlements, damages, costs or after expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (a) the term directly or indirectly from the use, storagepresence, disposal, release or presence threatened release of any Hazardous Materials used, transported, stored, manufactured, refined, handled, produced or disposed of on or in the Real Estate Owner Project Facility which are on, infrom or affecting soil, water, vegetation, buildings, personal property, persons, animals or otherwise, (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials, (C) any lawsuit brought or threatened, settlement reached, or about the Property any, government order relating to such Hazardous Materials, and/or (d) any violations of Applicable Laws that occurs during the term of this Lease. Tenant shall promptly notify Landlord of are based upon or in any release of way related to such Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20Materials, including, without limitation, attorney and consultant fees, investigation and laboratory fees, court costs and litigation expenses. Costs under this subsection (D) will be repaid immediately with interest at the indemnification provisions set forth hereinDefault Interest Rate or the maximum permitted by law, whichever is less.
(E) In the event the Project Facility is foreclosed by the Agency, or the Real Estate Owner tenders a deed in lieu of foreclosure, the Real Estate Owner shall survive deliver the Project Facility to the purchaser free of any termination and all Hazardous Materials (except Hazardous Materials the presence of which do not violate any Federal, State or local laws, ordinances, rules and regulations governing the use and storage of such materials), so that the condition of the Project Facility shall conform with all Applicable Laws affecting the Project Facility.
(F) The Real Estate Owner agrees that the Agency and its officers, agents or representatives, may with reasonable notice, at any reasonable time, and at the Real Estate Owner’s expense, inspect the Real Estate Owner’s books and records and inspect and conduct any tests on the Real Estate Owner Project Facility, including taking soil samples, in order to determine that the Real Estate Owner is in compliance with all Applicable Laws. The Agency may not exercise this Leaseright more than once a year.
Appears in 1 contract
Sources: Lease Agreement
Hazardous Materials. Neither (i) Except for the use of ordinary and general office supplies typically used in the ordinary course of business within retail premises, such as copier toner, liquid paper, glue, ink and common household cleaning materials, and except for the use of Hazardous Materials (hereafter defined in Paragraph 11.D.(v) below) which are necessary for the operation of Tenant's back-up generator installed at the Premises and which Hazardous Materials shall be used in compliance with all applicable Hazardous Materials Law (hereafter defined in Paragraph 11.D.(vi)), neither Tenant nor Tenant's agents or employees agents, employees, contractors, subcontractors, invitees and sublessees (collectively "Tenant's Agents") shall cause or permit any Hazardous Material, as hereinafter defined, Materials (hereafter defined in Paragraph 11.D.(v)) to be brought uponhandled, transported, stored, usedtreated, generated, released into the environmentdisposed of, or disposed of on, in, under, used in or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to Premises or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practicesthe Project. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to shall indemnify, defend, protectdefend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord and Landlord, ▇▇▇▇▇▇▇▇'s managing agent, Agents from and their respective agents and employees, and their respective successors and assigns, from against any and all liabilities, losses, claims, judgmentsdamages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, liabilitiesremediation costs, investigation costs, and losses that other expenses which result from or arise during or after the term directly or indirectly from in any manner whatsoever out of (a) the use, storage, disposaltreatment, release transportation, release, or presence disposal of Hazardous Materials on, in, on or about the Property that occurs during Premises or the term of this Lease. Project by Tenant shall promptly notify Landlord or Tenant's Agents or (b) Tenant's breach of any release of its obligations under this Paragraph 11.D.
(ii) If the presence of Hazardous Materials in, on, or about the Property that Premises or the Project caused or permitted by Tenant or Tenant's agents Agents results in contamination or employees become aware deterioration of during water or soil, then Tenant shall promptly take any and all action necessary to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify, and hold Landlord and Landlord's Agents harmless from and against, all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Term Premises or the Project to its condition existing prior to the appearance of this Leasesuch Hazardous Materials.
(iii) Tenant shall give Landlord written notice as soon as reasonably practicable of any Hazardous Materials released, whether caused spilled, discharged or disposed of on or about the Premises or the Project.
(iv) Landlord may cause testing ▇▇▇▇▇ to be installed on or about the Premises or the Project, and may cause the ground water to be tested to detect the presence of Hazardous Materials by Tenantthe use of such tests as are then customarily used for such purposes. The cost of such tests and of the installation, Tenant's agents maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Paragraph 11.D(i) or employees, or any other persons or entities. (ii).
(v) As used herein, the term “"Hazardous Material” ," means any hazardous or toxic substance, material, material or waste that which is or becomes regulated by any local governmental authority, the state State of Oregon, California or the United States governmentGovernment. The term “"Hazardous Material” ," includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance that which is (i) defined as a “hazardous waste,” “or extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federalpursuant to Section 66160 of Title 26 of the California Code of Regulations, state, or local lawDivision 22, (ii) petroleumdefined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, and 42 U.S.C., Section 6901 et seq. (42 U.S.C. Section 6903), or (iii) asbestosdefined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C., Section 9601 et seq. The provisions (42 U.S.C. 6901).
(vi) Landlord shall indemnify, defend, and hold harmless Tenant and Tenant's partners, officers, directors, employees, and agents from and against all claims, demand, liabilities, actions, causes of this Section 20action, includingcosts and expenses incurred by Tenant or Tenant's partners, without limitationofficers, directors, employees, and agents, to the extent arising from any use, storage, treatment, transportation, release, or disposal of Hazardous Materials by Landlord or its employees or agents in, on or about the Premises or the Project in violation of any applicable Hazardous Materials Law. As used herein the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the indemnification provisions set forth hereinCalifornia Regional Water Quality Control Board, shall survive and the California Department of Health Services) which regulates the use, storage, release or disposal of any termination of this LeaseHazardous Material.
Appears in 1 contract
Sources: Lease (Hiway Technologies Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents The Mortgagor shall keep and maintain the Mortgaged Property, including, without limitation, the groundwater on or employees under the Mortgaged Property, in compliance with, and shall not cause or permit the Mortgaged Property to be in violation of, any Hazardous MaterialMaterials Laws. The Mortgagor shall not use, as hereinafter definedgenerate, manufacture, treat, handle, refine, produce, process, store, discharge, release, dispose of or allow to be brought upon, stored, used, generated, released into the environment, or disposed of exist on, in, under, under or about above the Mortgaged Property, except reasonable quantities any Hazardous Materials. The Mortgagor shall immediately advise the Mortgagee in writing of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, a) any and all enforcement, clean up, removal, mitigation, or other governmental or regulatory action instituted, contemplated or threatened pursuant to any Hazardous Materials brought uponLaws affecting the Mortgaged Property, stored(b) all claims made or threatened by any third party against Mortgagor or the Mortgaged Property relating to damage, usedcontribution, generatedcost recovery, compensation, loss or released into injury resulting from any Hazardous Materials (the environment during matters set forth in clauses (a) and (b) above are hereinafter referred to as “Hazardous Materials Claims”) and (c) the term Mortgagor’s discovery of this Leaseany occurrence or condition on the Mortgaged Property or any real property adjoining or in the vicinity of the Mortgaged Property which could subject the Mortgagor or the Mortgaged Property to any restrictions on ownership, occupancy, transferability or use of the Mortgaged Property under any Hazardous Materials Laws. To The Mortgagor shall indemnify the fullest extent permitted by lawMortgagee, ▇▇▇▇▇▇ hereby agrees to indemnifyits directors, defendofficers, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective agents, successors and assignsassigns from and against, from any and all claimsloss, judgmentsdamage, damagescost, penalties, fines, costs, liabilities, and losses that arise during expense or after the term liability directly or indirectly from arising out of or attributable to the use, generation, manufacture, treatment, handling, refining, production, processing, storage, release, threatened release, discharge, disposal, release or presence of Hazardous Materials on, in, under or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials inMortgaged Property, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includesincluding, without limitation, any material or substance that is : (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, all foreseeable and unforeseeable consequential damages; (ii) petroleumthe costs of any required or necessary repair, clean up or detoxification of the Mortgaged Property, and the preparation and implementation of any closure, remedial or other required plans; and (iii) asbestos. The provisions of this Section 20all reasonable costs and expenses incurred by the Mortgagee in connection with clauses (i) and (ii), including, without limitation, the reasonable attorneys’ fees. The indemnification provisions set forth herein, provision of this paragraph shall survive (a) the repayment of the Credit Agreement secured by this Mortgage, (b) any termination foreclosure of this LeaseMortgage, and (c) any deed or assignment of the Mortgaged Property in lieu of foreclosure.
Appears in 1 contract
Hazardous Materials. Neither Tenant Throughout the term, neither Lessee nor Tenant's agents any of its employees, agents, invitees, licensees, or employees contractors shall cause cause, permit or permit allow, any substances, chemicals, materials or pollutants (whether solid, liquid or gaseous and including, without limitation, any oil, gasoline, petroleum or petroleum by-products) deemed to be toxic or hazardous or the manufacture, storage, transpo1i or disposal of which is regulated, governed, restricted or prohibited by any federal, state or local agency or authority (collectively, the "Hazardous MaterialMaterials") under any federal, state or local law, ordinance, rule or regulation related to the environment or health and safety matters, as hereinafter definedamended from time to time (the "Environmental 16573214V.12 Laws"), to be brought uponhandled, placed, stored, useddumped, dispensed, released, discharged, deposited, manufactured, generated, released into treated, processed, used, transported or located on the environmentLeased Premises without Lessor's prior written consent; provided, Lessee may handle, store or disposed use minor quantities of onHazardous Materials which are directly related to the construction of the Parking Improvements, inif Lessee engages in such permitted activity in a safe and lawful manner and in full compliance with any and all Environmental Laws, underwhich compliance shall be at Lessee's sole expense. Upon the expiration or earlier termination of this Lease, Lessee, at Lessee's expense, shall remove all Hazardous Materials from the Leased Premises. Lessee shall give Lessor immediate written notice of any problem, spill, discharge, threatened discharge or discovery of any Hazardous Materials on or about the PropertyLeased Premises or claim thereof. If such problem, except reasonable quantities spill, discharge, threatened discharge or discovery was caused by Lessee, its employees, agents, contractors, invitees or licensees, this notice shall include a description of cleaning supplies and office supplies necessary measures taken or proposed to or required as part be taken by Lessee to contain and/or remediate the release of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practicesany resultant damage to or impact on property, persons and/or the environment (which term includes, without limitation, soil, surface water or groundwater) on, under or about the Leased Premises. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease Upon Lessor's approval and at TenantLessee's sole cost and own expense, Lessee shall promptly take all steps necessary to clean up or remediate any release of Hazardous Materials, comply with all environmental laws and otherwise report and/or coordinate with Lessor and all appropriate governmental agencies. Lessee agrees to indemnify Lessor and hold Lessor harmless from and against any and all Hazardous Materials brought uponliens, storeddemands, useddefenses, generatedsuits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries, costs, expense (including, without limitation, attorneys' and experts' fees) and claims of any and every kind of whatsoever paid, incurred, suffered by, or released into asserted against Lessor with respect to, or as a direct or indirect result of the environment during violation of any Environmental Laws applicable to the Leased Premises, to the extent that such loss, damage or violation is caused solely by the activities of Lessee at the Leased Premises. The term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ "Liabilities" as used herein is hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from defined as any and all claimsliabilities, judgmentsexpenses, demands, damages, punitive or exemplary damages, consequential damages, costs, cleanup costs, response costs, losses, causes of action, claims for relief, attorneys' and other legal fees, other professional fees, penalties, fines, costs, liabilities, assessments and losses that arise during charges incurred by Lessor as a result of the breach of Lessee's obligations under this Section 16. The obligations in this Section 16 shall survive the expiration or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term earlier termination of this Lease. Tenant Notwithstanding anything to the contrary contained herein, Lessee shall promptly notify Landlord of not be responsible for any release of Liabilities or compliance with any Environmental Laws resulting from any pre-existing Hazardous Materials in, placed on, over or about under the Property that Tenant or Tenant's agents or employees become aware of during Leased Premises prior to the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseCommencement Date.
Appears in 1 contract
Hazardous Materials. Neither (A) During the term of this Lease, Tenant nor shall comply with all Environmental Laws and Environmental Permits (both as defined in Section 6.04(F) hereof) applicable to the operation or use of the Premises, will cause all other persons occupying or using the Premises to comply with all such Environmental Laws (as defined in Section 6.04(F) hereof) and Environmental Permits, will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance, and will obtain and renew all Environmental Permits required for operation or use of the Premises.
(B) Tenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of Hazardous Materials (as defined in Section 6.04(F) hereof) on the Premises, or transport or permit the transportation of Hazardous Materials to or from the Premises except in compliance with all applicable Environmental Laws and Environmental Permits.
(C) Tenant shall bear all risk and all costs related to complying with all Environmental Laws and Environmental Permits.
(D) Tenant will not change or permit to be changed the present use of the Premises unless Tenant shall have notified Landlord thereof in writing and Landlord shall have determined, in its sole and absolute discretion, that such change will not result in the presence of Hazardous Materials on the Premises except for those described in Subsection (B) above.
(1) Tenant agrees to defend, indemnify and hold harmless the Indemnitees from and against all obligations (including removal and remedial actions), losses, claims, suits, judgments, liabilities, penalties, damages (including consequential and punitive damages), costs and expenses (including attorneys' and consultants' fees and expenses) of any kind or nature whatsoever that may at any time be incurred by, imposed on or asserted against such Indemnitees directly or indirectly based on, or arising or resulting from (a) the actual or alleged presence of Hazardous Materials on the Premises which is caused or permitted by Tenant and (b) any Environmental Claim relating in any way to Tenant's agents operation or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into use of the environment, or disposed of on, in, under, or about Premises (the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such "Hazardous Materials and with good business practicesIndemnified Matters"). Tenant covenants to remove from the Property (or the Building, if applicable), upon The provisions of this Section 6.04(F) shall survive the expiration or sooner termination of this Lease Lease.
(2) To the extent that the undertaking in the preceding paragraph may be unenforceable because it is violative of any law or public policy, Tenant will contribute the maximum portion that it is permitted to pay and at Tenant's sole cost satisfy under applicable law to the payment and expense, any and satisfaction of all Hazardous Materials brought upon, stored, used, generatedIndemnified Matters incurred by the Indemnitees.
(3) All sums paid and costs incurred by Landlord with respect to any Hazardous Materials Indemnified Matter shall bear interest at the lesser of (i) ten percent (10%) per annum, or released into (ii) the environment during maximum legal rate of interest allowed by the term of this Lease. To state in which the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assignsPremises are located, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during the date so paid or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused incurred until reimbursed by Tenant, Tenant's agents and all such sums and costs shall be immediately due and payable on demand.
(F) (1) "Hazardous Materials" means (a) petroleum or employeespetroleum products, natural or synthetic gas, asbestos in any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste form that is or becomes could become friable, urea formaldehyde foam insulation, and radon gas; (b) any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," toxic substances," "toxic pollutants," contaminants" or "pollutants," or words of similar import, under any applicable Environmental Law; and (c) any other substance exposure which is regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is ; (i2) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under "Environmental Law" means any federal, state, state or local statute, law, (ii) petroleumrule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect and in each case as amended, and (iii) asbestos. The provisions of this Section 20any judicial or administrative interpretation thereof, includingincluding any judicial or administrative order, consent decree or judgment, relating to the environment, health, safety or Hazardous Materials, including without limitation, the indemnification provisions set forth hereinComprehensive Environmental Response, shall survive Compensation, and Liability Act of 1980, 42 U.S.C. SS 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S. C. SS 6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. SS 1801 et seq.; the Clean Water Act, 33 U.S.C. SS 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. SS 2601 et seq.; the Clean Air Act, 42 U.S.C. SS 7401 et seq.; the Safe Drinking Water Act, 42 U.S.C. SS 300f et seq.; the Atomic Energy Act, 42 U.S.C. SS 2011 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. SS 136 et seq.; the Occupational Safety and Health Act, 29 U.S.C. SS 651 et seq.; (3) "Environmental Claims" means any termination and all administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of this Leasenon-compliance or violation, investigations, proceedings. consent orders or consent agreements relating in any way to any Environmental Law or any Environmental Permit, including without limitation (a) any and all Environmental Claims by governmental or regulatory authorities for enforcement, cleanup, removal, response, remedial or other actions or damages pursuant to any applicable Environmental Law and (b) any and all Environmental Claims by any third party seeking damages, contribution, indemnification, cost recovery, compensation or injunctive relief resulting from Hazardous Materials or arising from alleged injury or threat of injury to health, safety or the environment; (4) "Environmental Permits" means all permits, approvals, identification numbers, licenses and other authorizations required under any applicable Environmental Law.
Appears in 1 contract
Hazardous Materials. Neither As used in this Lease, "HAZARDOUS MATERIALS" shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any Regulation. Tenant nor shall not cause, or allow any of Tenant's agents or employees shall cause or permit Parties to cause, any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, generated, released into the environment, stored or disposed of on, in, under, on or about the PropertyPremises, except reasonable the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord's written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of cleaning supplies Hazardous Materials for "general office purposes" (such as toner for copiers) to the extent customary and office supplies necessary to or required as part for the Permitted Use of Tenant's business the Premises; provided that are generatedTenant shall always handle, usedstore, keptuse, stored, or disposed and dispose of in a manner that complies with all laws regulating any such Hazardous Materials in a safe and with good business practiceslawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or Project or surrounding land or environment. Tenant covenants shall immediately notify Landlord of any Hazardous Materials' contamination of any portion of the Project of which Tenant becomes aware, whether or not caused by Tenant. Landlord shall have the right at all reasonable times to remove from inspect the Property (or Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the Buildingforegoing provisions, if applicable)the costs of all such inspections, upon the expiration or sooner termination of this Lease tests and at investigations to be borne by Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to Tenant shall indemnify, defend, protect, protect and hold Landlord harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, costs and losses that arise during expenses (including attorneys' and consultants' fees), demands, causes of action, or after the term judgments directly or indirectly from arising out of the use, generation, storage, disposalrelease, release or presence disposal of Hazardous Materials on, by Tenant or any of Tenant's Parties in, on or about the Property that occurs during Premises, the term Building or the Project or surrounding land or environment, excluding any contamination which may have been caused by any prior tenants. The foregoing indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Tenant shall promptly notify Neither the consent by Landlord of any to the use, generation, storage, release or disposal of Hazardous Materials in, on, or about nor the Property that strict compliance by Tenant or with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's agents or employees become aware obligation of during the Term of indemnification pursuant to this Lease, whether caused by Tenant, Paragraph 4.D. Tenant's agents or employees, or any other persons or entities. As used herein, obligations pursuant to the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, foregoing indemnity shall survive any the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Sublease (Adforce Inc)
Hazardous Materials. Neither Except for products and material typically used in a outdoor beverage business, to the extent such supplies or products are used in the ordinary course of business, in the manner for which they were designed, in accordance with applicable laws, and in such amounts as may be typical for the type and scale of the beverage business to be conducted by Tenant nor Tenant's agents or employees on the Property, Tenant shall not cause or permit any Hazardous Material, as hereinafter defined, Materials to be generated, produced, brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, treated or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from or about the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Pillar Point Harbor by Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, ’s subtenants and/or assignees and their respective agents and agents, employees, and contractors, sub-lessees or invitees (collectively, the “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, or in the event Hazardous Materials are otherwise caused to be located in, on, under or about the Property by Tenant, any of its subtenants, or any of their respective successors employees, agents, representatives, contractors, licensees or invitees, Tenant shall be solely responsible for and assignsshall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilitiesliabilities and losses (including, without limitation, diminution in valuation of the Property, and losses that sums paid in settlement of claims and for reasonable attorneys’ fees, consultant fees and expert fees) which arise during or after the term Term as a result of any contamination directly or indirectly arising from the useactivities which are the basis for such breach. This indemnification of Landlord by Tenant includes, storagewithout limitation, disposalcosts incurred in connection with any investigation of site conditions or any clean-up, release remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Property and/or Project to the condition existing prior to the introduction of any such Hazardous Materials, provided Landlord’s approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, restoration or other work, at Tenant’s sole cost and expense. Furthermore, Tenant shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the Property concerning the presence of any Hazardous Materials. Tenant acknowledges that Landlord, at Landlord’s election, shall have the sole right, at ▇▇▇▇▇▇’s sole cost and expense, to negotiate, defend, approve and appeal any action taken or order issued by any governmental authority with regard to any Hazardous Materials on, in, contamination which ▇▇▇▇▇▇ is obligated hereunder to remediate. The covenants of Tenant under this Section shall survive the expiration of the Term or about the Property that occurs during the term earlier termination of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of As used in this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous MaterialMaterials” means any flammable items, explosives, radioactive materials, hazardous or toxic substancesubstances, material, material or waste that is or becomes regulated by related materials, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, any local governmental authority, different products and materials which are subsequently found to have adverse effects on the state of Oregon, environment or the United States government. The term “Hazardous Material” includeshealth and safety of persons, without limitation, and including any material or substance that is (i) substances defined as a or included in the definition of “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” substances”, “hazardous substance,” wastes”, “hazardous material,materials” or “wastetoxic substances” now or subsequently regulated under any applicable federal, state, state or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20laws or regulations, including, without limitation, the indemnification provisions set forth hereinCalifornia Health and Safety Code and/or under the Comprehensive Environmental Response, shall survive any termination of this LeaseCompensation and Liability Act, 42. U.S.C. §9601, et seq.
Appears in 1 contract
Sources: Lease Agreement
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit the storage, use, generation, release, handling or disposal (collectively, "Handling") of any Hazardous Material, Materials (as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of ondefined below), in, underon, or about the PropertyPremises or the Real Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except reasonable that Tenant shall be permitted to use normal quantities of cleaning supplies and office supplies necessary or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to or required as part the contrary contained herein, however, in no event shall Tenant permit any usage of Tenant's business that are generated, used, kept, stored, or disposed of Common Office Chemicals in a manner that complies with all laws regulating may cause the Premises or the Real Property to be contaminated by any such Hazardous Materials and with good business practicesor in violation of any Hazardous Materials Laws. Tenant covenants to remove from the Property shall immediately advise Landlord in writing of (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials brought uponLaws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, storedLandlord, usedthe Premises or the Real Property relating to damage, generatedcontribution, cost recovery, compensation, loss, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, injury resulting from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, on or about the Property that occurs during the term of this LeasePremises. Without Landlord's prior written consent, Tenant shall promptly notify Landlord not take any remedial action or enter into any agreements or settlements in response to the presence of any release of Hazardous Materials in, on, or about the Property that Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's agents breach of its obligations hereunder, or employees become aware (ii) any removal, cleanup, or restoration work and materials necessary to return the Real Property or any other property of during whatever nature located on the Term Real Property to their condition existing prior to such Handling of Hazardous. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, whether caused by Tenant"Hazardous Materials" means any explosive, Tenant's agents radioactive materials, hazardous wastes, or employeeshazardous substances, including without limitation asbestos containing materials, PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other persons or entities. As used hereinLegal Requirement regulating, the term “Hazardous Material” means any hazardous or toxic substance, materialrelating to, or waste that is imposing liability or becomes regulated by standards of conduct concerning any local governmental authoritysuch materials or substances now or at any time hereafter in effect (collectively, the state of Oregon, or the United States government. The term “"Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseMaterials Laws").
Appears in 1 contract
Sources: Office Lease (Ask Jeeves Inc)
Hazardous Materials. Neither The Tenant nor Tenant's agents shall not use, handle, store or employees shall cause dispose of any oil, hazardous or permit any toxic substances, materials or wastes (collectively “Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, Materials”) in, under, on or about the PropertyProperty except for (i) the storage and use of such materials, except in accordance with applicable law and regulation in such reasonable quantities amounts as shall customarily in connection with or the Permitted Use, and (ii), the storage and use of cleaning supplies other Hazardous Materials consented to by Landlord in advance which consent may be withheld in Landlord’s sole and office supplies necessary to or required as part of Tenant's business that are generatedabsolute discretion. Any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored, or stored and disposed of in a manner that complies conformity with all laws regulating any such Hazardous Materials applicable laws, ordinances, codes, rules, regulations and with good business practicesorders of governmental authorities. Tenant covenants to remove from If the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the usetransportation, storage, disposal, release use or presence disposal of Hazardous Materials on, in, or about anywhere on the Property that occurs during in connection with Tenant’s use of the term Premises results in (1) contamination of this Lease. the soil or surface or ground water or 2) loss or damage to person(s) or property, then Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is agrees (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” to notify Landlord immediately of any contamination, claim of contamination, loss or “waste” under any federal, state, or local lawdamage, (ii) petroleumafter consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) asbestos. The provisions to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of this Section 20action, costs and fees, including, without limitation, the indemnification provisions set forth hereinattorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. This provision shall survive any the termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable law for and with respect to the foregoing. The terms of this Section shall apply to any transportation, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor but nothing in this Lease shall limit or otherwise modify the requirement of obtaining Landlord’s prior consent as set forth herein.
Appears in 1 contract
Sources: Ground Lease
Hazardous Materials. Neither Tenant nor Tenant's agents or employees Lessee shall, and shall cause or permit any Hazardous MaterialLessee's employees, as hereinafter definedagents, contractors and invitees to be brought uponcomply, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at TenantLessee's sole cost and expense, with all laws, rules, regulations, orders and the like relating to the storage, use and/or disposal of flammable explosive materials, hazardous materials, toxic substances and/or radioactive matter, including, without limitations, substances identified as "hazardous" or "toxic" under any and all of the laws described in the paragraph below (collectively "Hazardous Materials brought Materials"). Lessee shall not cause or permit Lessee, its agents, employees, contractors, or invitees to bring upon, storedkeep, usedstore, generated, use or released into the environment during the term dispose of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, in or about the Property that occurs during Premises or the term parking facilities or common areas serving the Premises (collectively "Adjacent Property") without the prior written consent of Lessor, which consent Lessor may withhold on its sole discretion. Lessee's breach of the covenants contained herein shall constitute a material default under this Lease. Tenant If Lessor shall promptly notify Landlord consent, to the presence, use, storage and/or disposal of any release Hazardous Materials on, in or about the Premises or any Adjacent Property, Lessee shall cause such presence, use, storage and/or disposal of Hazardous Materials by Lessee, its agents, employees, contractors' invitees, to be in complete compliance with all applicable laws, rules, regulations, orders and the like including without limitation, the laws described in the paragraph below and such rules and regulations as Lessor may impose in giving Lessee its consent as provided herein. Consent by Lessor to the presence, use, storage and/or disposal of any specific Hazardous Material shall not be deemed consent to the presence, use, storage and/or disposal of any other Hazardous Materials. Lessee shall be solely responsible for and shall defend, indemnify and hold Lessor, Lessor's agents, the Premises and the Adjacent Property harmless from and against all claims, costs, fines, judgments and liabilities, including attorney fees and costs arising out of or in connection with the presence, storage, use and/or disposal of Hazardous Materials in, onon or under the Premises and/or Adjacent Property, and/or arising out of in connection with the removal of Hazardous Materials from the Premises and/or Adjacent Property, including without limitation any and all restoration work and materials necessary to return the Premises and any Adjacent Property to their condition existing prior to the appearance of the Hazardous Materials on the Premises or such Adjacent Property. If Lessee shall receive notice, whether oral or written, of any inquiry, test, investigation, enforcement proceeding, environmental audit or the like by or against Lessee or the Premises, concerning any Hazardous Materials allegedly introduced by Lessee, its employees, agents, contractors, or about the Property that Tenant or Tenantinvitees, Lessee shall immediately notify Lessor of such notice. Lessee's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, obligations hereunder shall survive any the termination of this Lease.
Appears in 1 contract
Hazardous Materials. Neither Except as otherwise provided herein, Tenant nor Tenant's agents shall keep or employees cause the Demised Premises to be kept free of Hazardous Materials (hereinafter defined). Without limiting the foregoing, Tenant shall not cause or permit any the Demised Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous MaterialMaterials in contravention to, or in amounts greater than permitted by, applicable law, nor shall Tenant cause or permit, as hereinafter defined, to be brought upon, stored, used, generated, released into a result of any intentional or unintentional act or omission on the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatedTenant or any person or entity claiming through or under Tenant or any of their employees, usedcontractors, keptagents, storedvisitors or licensees (collectively, "Related Parties"), a release of Hazardous Materials onto the Demised Premises or disposed of in a manner that complies onto any other property. Tenant shall comply with andensure compliance by all Related Parties with all laws regulating applicable Federal, State and Local laws, ordinances, rules and regulations, whenever and by whomever triggered (including, without limitation, any such Hazardous Materials and with good business practices. Tenant covenants regular testing regimes required by law; which testing, Landlord shall have the option to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and perform at Tenant's sole cost and expense), and shall obtain and comply with, and ensure that all Related Parties obtain and comply with, any and all approvals, registrations or permits required thereunder. Tenant shall (i) conduct and complete all investigations, studies, samplings, and testing, and all remedial removal and other actions necessary to clean up and remove such Hazardous Materials, on, from, or affecting the Demised Premises which were introduced by Tenant or Related Parties (a) in accordance with all applicable Federal, State and Local laws, ordinances, rules, regulations, policies, orders and directives, and (b) to the reasonable satisfaction of Landlord, and (ii) defend, indemnify, and hold harmless Landlord, its employees, agents, officers, members, partners, principals and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (a) the presence, disposal, release, or threatened release of such Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise through or on account of Tenant or Related Parties; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials through or on account of Tenant or Related Parties; (c) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials through or on account of Tenant or Related Parties; and/or (d) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Landlord, which are based upon or in any way related to such Hazardous Materials through or on account of Tenant or Related Parties, including, without limitation, reasonable attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. Tenant shall immediately notify Landlord in writing of any actual or threatened release of any Hazardous Materials on, in or about the Demised Premises, including notification to Landlord if Tenant receives any notice or requests for inspection or information from any Federal, State or local official or agency which pertains to Hazardous Materials. Copies of all reports, notices, correspondence, and other documents received from or submitted to governmental authorities, and of all technical data, test results, expert opinions and other materials generated in connection with the contamination or other response or remedial activities, shall be provided to all parties to this lease. In the event this lease is terminated, or Tenant is dispossessed, Tenant shall deliver the Demised Premises to Landlord free of any and all Hazardous Materials brought uponso that the conditions of the Demised Premises shall conform with all applicable Federal, storedState and Local laws, usedordinances, generatedrules or regulations affecting the Demised Premises. In the event that Landlord has a good faith belief that there has been a release of Hazardous Materials for which Tenant is responsible hereunder, Landlord shall have the right to engage an environmental engineering or consulting firm to conduct an inspection of the Real Property and Demised Premises at Tenant's sole cost and expense. Tenant shall reimburse Landlord for the reasonable cost of any such inspection as well as the actual, out-of-pocket cost of any clean-up and testing performed pursuant thereto with respect to Hazardous Materials for which Tenant is responsible hereunder. For purposes of this paragraph, "Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or released into related materials defined in the environment during Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the term of this Lease. To Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801 et seq.), the fullest extent permitted by Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, State or Local environmental law, ordinance, rule, or regulation. Tenant specifically acknowledges and agrees that it shall be and remain responsible for any Hazardous Materials existing at the Demised Premises as of the date hereof, as more particularly described in that certain Phase I Environmental Site Assessment prepared by ▇▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent▇▇▇▇, Inc., dated September 7, 2011, and their respective in that certain Stormwater Drywell Investigation and Sampling Report prepared by ▇▇▇▇▇▇ Technical Services, Inc., dated October 21, 2011. In no event shall Tenant be responsible or liable for Hazardous Materials introduced to the Demised Premises by Landlord, Landlord's agents or contractors or any other tenants or occupants of any part of the Real Property (other than an assignee or subtenant ofTenant). Notwithstanding anything to the contrary contained herein, Tenant may, in the normal and employeescustomary operation of its business, maintain and use in the Demised Premises certain commercially reasonable amounts of the chemicals and other substances set forth on Exhibit "C" of this lease, as same may be updated from time to time by Tenant (with any such updates being subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed), provided that (i) such materials and other substances are used and stored in compliance with all applicable laws, and their respective successors (ii) the indemnification obligations of Tenant set forth in this Paragraph 57 shall apply with full force and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during effect thereto. Tenant's obligations under this Paragraph 57 shall survive the expiration or after the term directly or indirectly from the use, storage, disposal, release or presence earlier termination of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leaselease.
Appears in 1 contract
Hazardous Materials. Neither (a) During the term of this Lease, Tenant nor Tenant's agents shall comply with all Environmental Laws and Environmental Permits (each as defined in subsection (d) of this Paragraph 59) applicable to the operation or employees use of the Premises, will cause all other persons occupying or using the Premises to comply with all such Environmental Laws and Environmental Permits, and will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance.
(b) Tenant shall cause not generate, use, treat, store, handle, release or dispose of Hazardous Materials (as defined in subsection (d) of this Paragraph 59) on the Premises, or the Complex, or transport or permit the transportation of Hazardous Materials to or from the Premises or the Complex except for limited quantities used or stored at the Premises in connection with Tenant’s customary business operations or the routine operation and maintenance of the Premises, and then only in compliance with all applicable Environmental Laws and Environmental Permits.
(c) Tenant agrees to defend, indemnify and hold harmless Landlord and Owner from and against all obligations (including removal and remedial actions), losses, claims, suits, judgments, liabilities, penalties, damages (including consequential and punitive damages), costs and expenses (including attorneys’ and consultants’ fees and expenses) of any Hazardous Materialkind or nature whatsoever that may at any time be incurred by, as hereinafter defined, to be brought upon, stored, used, generated, released into the environmentimposed on or asserted against such Indemnitees directly or indirectly based on, or disposed arising or resulting from (a) the actual or alleged presence of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials on the Complex in violation of applicable Environmental Law which is caused or permitted by Tenant and with good business practices(b) any Environmental Claim resulting from Tenant’s operation or use of the Premises (the “Hazardous Materials Indemnified Matters”). Tenant covenants to remove from the Property (or the Building, if applicable), upon The provisions of this Paragraph 59 shall survive the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. .
(d) As used herein, the term following terms shall have the following meanings: “Hazardous MaterialMaterials” means (i) petroleum or petroleum products, natural or synthetic gas, asbestos in any hazardous or toxic substance, material, or waste form that is or becomes regulated by could become friable, urea formaldehyde foam insulation, and radon gas; (ii) any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) substances defined as a or included in the definition of “hazardous wastesubstances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastewastes,” “restricted hazardous wastewastes,” “hazardous substancetoxic substances,” “hazardous materialtoxic pollutants,” “contaminants” or “pollutants,” or “waste” words of similar import, under any federal, state, or local law, (ii) petroleum, applicable Environmental Law; and (iii) asbestosany other substance exposure which is regulated by any governmental authority. The provisions “Environmental Law” means any federal, state or local statute, law, rule, regulation, ordinance, code, policy or rule of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.common law now or SUBLEASE AGREEMENT Page 30 OLD DALLAS LIBRARY BUILDING
Appears in 1 contract
Sources: Sublease Agreement (A. H. Belo Corp)
Hazardous Materials. Neither Tenant nor Tenant's agents Lessor and Lessee agree as follows with respect to the existence or employees shall cause or permit any use of Hazardous MaterialMaterials (as defined below) at, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, above, or about the PropertyIndustrial Center:
45.1 Any handling, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatedtransportation, usedrelease, keptgeneration, storedstorage, treatment, disposal, or disposed use of Hazardous Materials by Lessee or its employees, agents, contractors, or invitees after the date hereof at, on, in, under, above, or about the Industrial Center shall strictly comply with all applicable Hazardous Material Laws (as defined below). Lessee shall indemnify, defend upon demand with counsel reasonably acceptable to Lessor, and hold harmless Lessor from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses that result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials at, on, in, under, above, or about (i) the Industrial Center or (ii) the Premises by Lessee or its employees, agents, contractors, invitees or by third parties.
45.2 If the presence of Hazardous Materials at, on, in, under, above, or about (i) the Industrial Center caused or permitted by Lessee or its employees, agents, contractors, or invitees after the date hereof or (ii) the Premises after the date hereof results in contamination or deterioration of water or soil, resulting in a manner that complies with all laws regulating level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Buildingcontamination, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, then Lessee shall promptly take any and all action necessary to investigate and remediate such contamination if required by law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Industrial Center or any part thereof. Lessee shall further be solely responsible for, and shall defend, indemnify, and hold harmless Lessor and its agents from and against, all claims, costs, and liabilities, including attorneys' fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Industrial Center or any part thereof to its condition existing prior to the appearance of such Hazardous Materials.
45.3 Lessor and Lessee shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials that relates to the Industrial Center, and (ii) any contamination of the Industrial Center by Hazardous Materials that constitutes a violation of any Hazardous Materials Law. Lessee may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Lessee's business of which Lessor receives notice prior to such Hazardous Materials' being brought upononto the Premises and which Lessor consents in writing may be brought onto the Premises, storedprovided that all such uses shall be conducted at all times in compliance with all Hazardous Materials Laws. At any time during the Lease term, usedLessee shall, generatedwithin five (5) days after written request therefor received from Lessor, disclose in writing all Hazardous Materials that are being used by Lessee at, on, in, under, above, or released into about the environment during Industrial Center, the term nature of this Lease. To such use, and the fullest extent permitted by law, manner of storage and disposal.
45.4 Lessor may cause testing wells to be installed on the ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protecttrial Center, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agentmay cause the soil and groundwater to be tested under and about the Industrial Center, and their respective agents and employeesmay inspect the Premises, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after to detect the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials onby the use of such tests as are then customarily used for such purposes. If Lessee so requests, inLessor shall supply Lessee with copies of such test results. The cost of such tests and of the installation, or about maintenance, repair, and replacement of such wells shall be paid by Lessee ▇▇ ▇uch tests disclose the Property existence of facts that occurs during the term may give rise to liability of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. Lessee pursuant to its indemnity given in paragraph 45.1 and/or 45.2 above.
45.5 As used herein, the term “"Hazardous Material” " means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state State of OregonMinnesota, or the United States governmentGovernment. The term “"Hazardous Material” " includes, without limitation, petroleum products, asbestos, PCBs, and any material or substance that is (i) defined as a “"hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, state42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or local law, (ii) petroleumdefined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the Minnesota Pollution Control Agency, and (iiithe Minnesota Department of Health) asbestos. The provisions which regulates the use, storage, release, handling, transportation, generation, treatment, or disposal of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseHazardous Material.
Appears in 1 contract
Sources: Lease Agreement (WTC Industries Inc)
Hazardous Materials. Neither Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors employees, licensees or invitees (collectively, the "Tenant Entities") to at any time handle,- use, manufacture, store or dispose of in or about the Premises or the Building any (collectively "Hazardous Materials") flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, Or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"), nor Tenant's agents or employees shall cause Tenant suffer or permit any Hazardous Material, as hereinafter defined, Materials to be brought uponused in any manner not fully in compliance with all Environmental Laws, storedin the Premises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, usedTenant may handle, generatedstore, released into the environment, use or disposed dispose of on, in, under, or about the Property, except reasonable products containing small quantities of cleaning supplies Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office supplies necessary to or required as part purposes; provided that Tenant shall always handle, store, use, and dispose of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials in a safe and with good business practiceslawful manner and never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant covenants to remove shall protect, defend, indemnify and hold each and all of the Landlord Parties (defined in Section 110.1 of the Lease) harmless from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, against any and all Hazardous Materials brought uponloss, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liability or costs (including court costs and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord attorney's fees) incurred by reason of any release actual or asserted failure of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregonto fully comply with all applicable Environmental Laws, or the United States government. The term “presence, handling, use or disposition in or from the Premises of any Hazardous Material” includes, without limitation, Materials by Tenant or any material Tenant Entity (even though permissible under all applicable Environmental Laws or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, statethe provisions of tills Lease), or local lawby reason of any actual or asserted failure of Tenant to keep, (ii) petroleumobserve, and (iii) asbestosor perform any provision of this Article. The provisions of this Section 20, including, without limitation, Article 6 shall supercede any other provision of the indemnification provisions set forth herein, shall survive any termination of this LeaseLease imposing requirements on Tenant with respect to Hazardous Materials.
Appears in 1 contract
Sources: Lease Amendment (Allied Esports Entertainment, Inc.)
Hazardous Materials. Neither Without limiting the generality of their other covenants hereunder, Tenant nor Tenant's agents or employees shall cause or permit any Hazardous Materialagrees in regard to the use and occupancy of the Premises, as hereinafter definedand Landlord agrees in regard to the remainder of the Project and the Common Area, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies comply with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20environmental Laws, including, without limitation, those applicable to "Hazardous Materials." Tenant shall indemnify, defend, and hold harmless Landlord and its officers, employees, agents, contractors and those claiming by, through or under Landlord, from and against all loss, cost and expense (including, without limitation, attorney's fees) of whatever nature suffered or incurred by Landlord (i) on account of the indemnification provisions set forth hereinbreach by Tenant of its covenant in the first sentence of this Section 9.3 with regard to the presence of Hazardous Materials on the Premises; or (ii) caused by Hazardous Materials brought onto the Project or the Common Area by Tenant or Tenant's employees, agents, vendors, guests or invitees in violation of said covenant. Landlord shall survive indemnify, defend, and hold harmless Tenant and its officers, employees, agents, contractors and those claiming by, through or under Tenant, from and against all loss, cost and expense (including, without limitation, attorney's fees) of whatever nature suffered or incurred by Tenant on account of the breach by Landlord of its covenant in the first sentence of this Section 9.3 with regard to the release of Hazardous Materials by Landlord or Landlord's employees, agents, or contractors. Notwithstanding any termination other term or condition of this Lease, Landlord agrees that the use or disposal of wastes or materials such as cleaning products in quantities and concentrations customarily found in food service establishments similar to Tenant's which are used in a manner that does not violate any environmental Laws shall not constitute a breach of this Lease. Nothing set forth above shall be construed to obligate Tenant to remove, remediate or otherwise respond to, or to indemnify, defend or hold harmless Landlord (or any other person) as a result of or in connection with, or to pay to Landlord (or any other person) as Common Area Expense or otherwise any costs or expenses arising out of, any Hazardous Materials that (x) were present on or under the Premises, Common Area or any other portion of the Project on the Premises Delivery Date or at any time prior thereto, (y) which may migrate onto or under the Premises, Common Areas or other portion of the Project at any time after the Premises Delivery Date from adjacent property or sources not owned by Tenant or any person under Tenant's control, or (z) otherwise not placed onto the Premises or Common Area by Tenant or Tenant's agents, employees, or contractors, and Tenant shall have no responsibility under this Lease whatsoever for any such Hazardous Materials. For purposes of this Lease, Hazardous Materials mean any substance or material that is toxic, hazardous to health, radioactive, reactive or corrosive or that is defined or designated as a hazardous or extremely hazardous toxic waste, material or substance by Law.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit the storage, use, generation, release, handling or disposal (collectively, “Handling”) of any Hazardous Material, Materials (as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of ondefined below), in, underon, or about the PropertyPremises or the Real Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, “Tenant Parties”), except reasonable that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities and cleaning supplies or products customarily used in the conduct of janitorial activities (collectively, “Common Office and office supplies necessary Cleaning Chemicals”), provided that the Handling of such Common Office and Cleaning Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to or required as part the contrary contained herein, however, in no event shall Tenant permit any usage of Tenant's business that are generated, used, kept, stored, or disposed of Common Office and Cleaning Chemicals in a manner that complies with all laws regulating may cause the Premises or the Real Property to be contaminated by any such Hazardous Materials and with good business practicesor in violation of any Hazardous Materials Laws. Tenant covenants to remove from the Property shall immediately advise Landlord in writing of (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials brought uponLaws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, storedLandlord, usedthe Premises or the Real Property relating to damage, generatedcontribution, cost recovery, compensation, loss, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, injury resulting from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, on or about the Property that occurs during the term of this LeasePremises. Without Landlord’s prior written consent, Tenant shall promptly notify Landlord not take any remedial action or enter into any agreements or settlements in response to the presence of any release of Hazardous Materials in, on, or about the Property that Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's agents ’s breach of its obligations hereunder, or employees become aware of during (ii) any removal, cleanup, or restoration work and materials necessary to return the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, Real Property or any other persons property of whatever nature located on the Real Property to their condition existing prior to the Handling of Hazardous Materials in, on or entities. As used herein, about the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated Premises by any local governmental authority, the state of Oregon, or the United States governmentTenant Party. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” Tenant’s obligations under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, paragraph shall survive any the expiration or other termination of this Lease.. For
Appears in 1 contract
Sources: Office Lease (New Relic Inc)
Hazardous Materials. Neither Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant nor Tenant's agents or employees shall agrees not to cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, handled, generated, released into the environment, or disposed of on, in, under, under or about the PropertyPremises, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicablethe Common Areas or any other portion of the Development by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "Tenant's Parties"), upon without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or sooner termination of this Lease Lease, Tenant agrees to promptly remove from the Premises, the Building and the Development, at Tenant's its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated, generated or released into upon, in, under or about the environment during Premises, the term Building and/or the Development or any portion thereof by Tenant or any of this LeaseTenant's Parties. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby Tenant agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord's partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, and their respective agents and directors, employees, and their respective agents, successors and assignsassigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, liabilitiessums paid in settlement of claims, attorneys' fees, consultant fees and losses that expert fees and court costs) which arise during or after the term directly or indirectly result from the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about the Property that occurs during Premises, the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, Building or any other persons portion of the Development and which are caused or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated permitted by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.Tenant or
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's (A) Lessee agrees that Lessee, its agents or employees shall cause or permit any Hazardous Materialand contractors, as hereinafter defined, to be brought upon, stored, used, generated, released into the environmentlicensees, or disposed invitees shall not handle, use, manufacture, store or dispose of any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives (collectively "Hazardous Materials") on, in, under, or about the PropertyPremises, except reasonable without Landlord's prior written consent (which consent may be given or withheld in Lessor's sole discretion), provided that Lessee may handle, store, use or dispose of products containing small quantities of cleaning supplies Hazardous Materials, which products are of a type customarily found in offices and office supplies necessary to or required households (such as part aerosol cans containing insecticides, toner for copies, paints, paint remover, and the like), provided further that Lessee shall handle, store, use and dispose of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials in a safe and with good business practices. Tenant covenants lawful manner and shall not allow such Hazardous Materials to remove from contaminate the Property (Premises or the Buildingenvironment.
(B) Without limiting the above, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnifyLessee shall reimburse, defend, protect, indemnify and hold Lessor harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgmentslosses, liabilities, damages, penaltiescosts and expenses, finesincluding without limitation, loss of rental income, loss due to business interruption, and attorneys fees and costs, liabilities, and losses that arise during arising out of or after the term directly or indirectly from in any way connected with the use, manufacture, storage, disposal, release or presence disposal of Hazardous Materials by Lessee, its agents or contractors on, in, under or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, Premises including, without limitation, the indemnification provisions set forth hereincosts of any required or necessary investigation, repair, cleanup or detoxification and the preparation of any closure or other required plans in connection herewith, whether voluntary or compelled by governmental authority. The indemnity obligations of Lessee under this clause shall survive any termination of the Lease.
(C) Notwithstanding anything set forth in this Lease, Lessee shall only be responsible for contamination of Hazardous Materials or any cleanup resulting directly therefrom, resulting directly from matters occurring or Hazardous Materials deposited (other than by contractors, GG FE [INITIAL HERE] 8 agents or representatives controlled by Lessor) during the Lease term, and any other period of time during which Lessee is in actual or constructive occupancy of the Premises. Lessee shall take reasonable precautions to prevent the contamination of the Premise with Hazardous Materials by third parties.
(D) It shall not be unreasonable for Lessor to withhold its consent to any proposed Assignment or Sublease if (i) the proposed Assignee's or Sublessee's anticipated use of the premises involves the generation, storage, use, treatment or disposal of Hazardous Materials; (ii) the proposed Assignee or Sublessee has been required by any prior landlord, lender, or governmental authority to take remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such Assignee's or Sublessee's actions or use of the property in question; or (iii) the proposed Assignee or Sublessee is subject to an enforcement order issued by any governmental authority in connection with the use, disposal, or storage of a hazardous material.
Appears in 1 contract
Sources: Standard Industrial Lease (International Menu Solutions Corp)
Hazardous Materials. Neither Landlord represents and warrants to Tenant nor that Landlord, to Landlord’s current actual knowledge, (i) has not, at any time, used or permitted the use of any portion of Tenant's agents ’s Premises, the Building or employees shall cause the parking facilities in violation of any governmental laws, statutes, ordinances, regulations or orders relating to health, industrial hygiene or the environmental conditions (“Regulations”), and (ii) has not used or permitted storage, disposal or generation of any Hazardous Material (as defined below) on, under or about Tenant’s Premises, or the Project, except in compliance with the Regulations. Tenant represents and warrants to Landlord that Tenant will not, at any time, use or permit the use of any Hazardous Materialportion of Tenant’s Premises, as hereinafter definedthe Building or the parking facilities in violation of any Regulations on, under or about Tenant’s Premises, including but not limited to, the soil and ground water. Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all losses, costs (including reasonable attorneys’ fees), liabilities and claims arising from the violation by Tenant, its employees, agents, representatives or invitees of any of the Regulations that may affect Tenant’s Premises or the Project and shall assume full responsibility and cost to be brought uponremedy such violations, storedprovided that the violations are not the result of any action or inaction on the part of Landlord. Tenant shall not at any time use, usedgenerate, generated, released into the environment, store or disposed dispose of on, in, under, under or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon’s Premises, or the United States government. The term Project or transport to or from the same any hazardous wastes, toxic substances or related material (“Hazardous Material” includesMaterials”) or permit or allow any third party to do so, without limitationcompliance with all Regulations. Hazardous Materials shall include, any material but shall not be limited to, substances defined as “hazardous substances” or substance that is “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.; the Resource Conversation Recovery Act, 42 U.S.C. Section 6901 et seq.; those substances (i) which are or become defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” or “hazardous substance,” “hazardous material,” or “waste” which require investigation or remediation under any federal, state, or local lawRegulation, (ii) petroleumwhich are toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic or mutagenic, (iii) the presence of which causes or threatens to cause a nuisance upon or threatens the health or safety of persons on or about the Project or adjacent properties, and (iiiiv) asbestos. The provisions of this Section 20which contains gasoline, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasediesel fuel or other petroleum hydrocarbons.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees Licensee shall not cause or permit any Hazardous Material, Materials (as hereinafter defined, ) to be brought upon, storedkept, used, generatedstored, handled, treated, generated in or about, or released into the environment, or disposed of onfrom, inthe Licensed Premises or the Project in violation of applicable Environmental Requirements (as hereinafter defined) by Licensee or any of its respective officers, underdirectors, employees, managers, agents, invitees and contractors (each, a “Licensee Related Party”). If Licensee breaches the obligation stated in the preceding sentence, or about if the Propertypresence of Hazardous Materials in the Licensed Premises during the Term, except reasonable quantities any holding over, or during any other period of cleaning supplies and office supplies necessary to occupancy of the Licensed Premises by Licensee results in contamination of the Licensed Premises, the Project or required as part any adjacent property or if contamination of Tenant's business that are generatedthe Licensed Premises, the Project or any adjacent property by Hazardous Materials brought into, kept, used, kept, stored, handled, treated, generated in or about, or released or disposed of in a manner that complies with all laws regulating any such Hazardous Materials from, the Licensed Premises by anyone other than Licensor and with good business practices. Tenant covenants to remove from Licensor’s employees, agents and contractors otherwise occurs during the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expenseTerm, any and all Hazardous Materials brought upon, stored, used, generatedholding over, or released into during any other period of occupancy of the environment during the term of this Lease. To the fullest extent permitted Licensed Premises by lawLicensee, ▇▇▇▇▇▇ Licensee hereby agrees to indemnify, defend, protect, indemnifies and shall defend and hold harmless LandlordLicensor, ▇▇▇▇▇▇▇▇'s managing agentits officers, and their respective directors, employees, agents and employees, and their respective successors and assigns, contractors harmless from any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, judgmentsdamages (including, damageswithout limitation, penaltiespunitive damages and damages based upon diminution in value of the Licensed Premises or the Project, or the loss of, or restriction on, use of the Licensed Premises or any portion of the Project), expenses (including, without limitation, reasonable attorneys’, consultants’ and experts’ fees, court costs and amounts paid in settlement of any claims or actions), fines, costsforfeitures or other civil, liabilitiesadministrative or criminal penalties, and injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses that arise to the extent arising during or after the term directly or indirectly from the use, storage, disposal, release or presence Term as a result of Hazardous Materials on, in, or about the Property that occurs during the term such contamination. This indemnification of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused Licensor by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” Licensee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remedial, removal, or restoration work required by any federal, state or local governmental authority because of Hazardous Materials present in the air, soil or ground water above, on, or under the Licensed Premises and for which Licensee is responsible pursuant to the terms hereof. Without limiting the foregoing, if the presence of any Hazardous Materials on the Licensed Premises, the Building, the Project or any adjacent property caused or permitted by Licensee or any Licensee Related Party results in any contamination of the Licensed Premises, the Building, the Project or any adjacent property, Licensee shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the Licensed Premises, the Building, the Project or any adjacent property to the condition existing prior to the time of such contamination, provided that Licensor’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or substance that is short-term effect on the Licensed Premises, the Building or the Project. Notwithstanding anything to the contrary contained in this Section 5 or in Section 7, Licensee shall not be responsible for the clean-up or remediation of, and the indemnification and hold harmless obligations set forth in this paragraph shall not apply to (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, statecontamination in the Licensed Premises which Licensee can demonstrate existed in the Licensed Premises immediately prior to the License Commencement Date, or local law, (ii) petroleumthe presence of any Hazardous Materials in the Licensed Premises which Licensee can prove to Licensor’s reasonable satisfaction migrated from outside of the Licensed Premises into the Licensed Premises, unless in either case, the presence of such Hazardous Materials (x) is the result of a breach by Licensee of any of its obligations under this Agreement, or (y) was caused, contributed to or exacerbated by Licensee or any Licensee Related Party. In connection with Licensee’s use of the Licensed Premises, Licensee shall be allowed to utilize up to its pro rata share of the Hazardous Materials inventory within the control area (located within the Licensed Premises) identified as Control Area 6 on Exhibit D attached hereto, as designated by the applicable building code, for chemical use or storage. As used in the preceding sentence, Licensee’s pro rata share of any control areas or zones located within the Licensed Premises shall be determined based on the rentable square footage that Licensee licenses within the applicable control area or zone. For purposes of example only, if a control area or zone contains 10,000 rentable square feet and 2,000 rentable square feet of a tenant’s premises are located within such control area or zone (while such premises as a whole contains 5,000 rentable square feet), the applicable tenant’s pro rata share of such control area would be 20%. Additionally, (i) in connection with Licensee’s use of the Suite 100 HazMat Storage Area (as defined in Section 6(b)(i) below), Licensee shall be allowed to utilize 50% of the Hazardous Materials inventory within the control area (located within the Suite 100 HazMat Storage Area) identified as Control Area 3 on Exhibit D, and (iiiii) asbestos. The provisions in connection with Licensee’s use of this the Suite 150 HazMat Storage Area (as defined in Section 206(a)(i) below), including, without limitation, Licensee shall be allowed to utilize 100% of the indemnification provisions set forth herein, Hazardous Materials inventory within the control area (located within the Suite 150 HazMat Storage Area) identified as Control Area 4 on Exhibit D. Licensee shall survive have no right to use or install any termination of this Leaseunderground storage tanks at the Project.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's ’s agents or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the PropertyPremises, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's ’s business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property Premises (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's ’s sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment by Tenant, Tenant’s principals, agents, employees, contractors, or invitees during the term tem1 of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ Tenant hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s Landlord’s managing agent, agent and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release release, or presence of Hazardous Materials on, in, or about the Property that Premises which occurs during the term of this LeaseLease and caused by Tenant, Tenant’s principals, agents, employees, contractors, or invitees. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property Premises that Tenant or Tenant's ’s agents or employees become aware of during the Term term of this Lease, whether caused by Tenant, Tenant's ’s agents or employees, or any other persons or entities. As used herein, the term “Hazardous MaterialMaterials” means shall mean any hazardous or toxic substance, material, or waste that which is or becomes regulated by any local or state governmental authority, the state of Oregon, authority or the United States governmentGovernment. The term “Hazardous MaterialMaterials” includesshall include, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “‘hazardous substance,” “‘hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 2021, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease. Landlord represents and warrants to Tenant that to the best of Landlord’s knowledge that there are no Hazardous Materials in, on, under, or about the Premises in violation of applicable Jaws.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor TenantSubtenant and Subtenant's agents, employees, contractors, assignees and subtenants may not use, place, store or transport (collectively, "Use") Hazardous Material(s) (defined below) on or about any portion of the Premises or Excluded Area or any other part of the Land (or in connection with the use or operation of the Subtenant Improvements) unless Subtenant complies with all applicable Laws with respect to the Use by Subtenant, its agents, employees, contractors, assignees or subtenants of such Hazardous Materials. Nothing herein shall be construed to allow Subtenant to release or dispose of (collectively, "Release") Hazardous Materials in or about any portion of the Premises or Excluded Area unless such Release is in compliance with applicable Laws. Any Use of the Hazardous Materials beyond the scope allowed in this Paragraph and any Release of Hazardous Materials shall be subject to Sublandlord's and Lessor's prior written consent, which may be withheld in Sublandlord's or Lessor's sole and absolute discretion, and shall require an amendment to the Sublease in the event Sublandlord and Lessor do consent which shall set forth the materials, scope of use, indemnification and any other matter required by Sublandlord and Lessor in Sublandlord's and Lessor's sole and absolute discretion. Subtenant shall indemnify, defend and hold Sublandlord and Sublandlord's agents or employees shall cause or permit harmless from and against any Hazardous Materialand all claims, as hereinafter definedlosses, to be brought upondamages, stored, used, generated, released into the environmentliabilities, or disposed expenses arising in connection with the Use or Release of Hazardous Materials on or following the Commencement Date of this Sublease in violation of Law by Subtenant, Subtenant's agents, employees, contractors, assignees or subtenants using the Premises or Excluded Area. Subtenant's obligation to defend, hold harmless and indemnify pursuant to this Paragraph 7 shall survive the expiration or earlier termination of this Sublease. The foregoing indemnity shall not apply to, and Subtenant shall not be responsible hereunder for, the presence of Hazardous Materials on, in, under, or about the PropertyPremises or Excluded Area to the extent caused by Sublandlord, except its agents, employees, contractors, assignees or subtenants (other than Subtenant); provided that Sublandlord hereby acknowledges and agrees that the foregoing indemnity is intended to supplement that certain Indemnity Agreement between Subtenant and Sublandlord in the form of Exhibit C to the Purchase Agreement (the "Indemnity Agreement"), and to the extent the foregoing indemnity contradicts Subtenant's obligations under the Indemnity Agreement, the Indemnity Agreement shall prevail. The parties hereto agree and acknowledge that all of Subtenant's indemnity obligations set forth in this Sublease are supplemental to Subtenant's indemnity obligations set forth in the Indemnity Agreement. Sublandlord shall have the right, upon reasonable quantities of cleaning supplies advance notice to Subtenant, to inspect, investigate, sample and/or monitor the Premises and office supplies Excluded Area, including any soil, water, groundwater, or other sampling, to the extent reasonably necessary to or required as determine whether Subtenant is complying with the terms of this Sublease with respect to Hazardous Materials. In connection therewith, Subtenant shall provide Sublandlord with reasonable access to all portions Notwithstanding anything to the contrary contained in this Sublease, Sublandlord and Subtenant acknowledges that (i) the Environmental Protection Agency is currently overseeing cleanup measures that are being conducted at the Land and at surrounding parcels of real property, (ii) the Land is part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from regional Superfund site known as the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, Middlefield-Elli▇-▇▇▇▇▇▇▇ hereby agrees to indemnify(▇▇W) site, defend(iii) Raytheon, protecta former owner of the Land, is under a Consent Decree that provides that Raytheon will perform groundwater and hold harmless Landlordsoil remediation for the property it occupied and operated within the MEW area, (iv) in 1987, a soil-bentonite, subsurface, slurry wall was installed by Raytheon around the perimeter of the Land enclosing the soil and water bearing zones as part of the remedial measures conducted by Raytheon, (v) a groundwater extraction and treatment system was installed in 1987 on the Land and, as a long term remedial measure, groundwater is extracted from several well▇ ▇▇▇▇▇▇▇▇'s managing agentated both within the boundaries of the Land and from adjacent property, (vi) a soil vapor extraction system (covering approximately a surface area of four acres and their respective agents going to a depth of approximately 15 to 18 feet) was installed by Raytheon in 1996 to remediate the contaminated soils in the Land and employees, Raytheon has petitioned and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly obtained approval from the use, storage, disposal, release or presence Environmental Protection Agency for closure for part of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleumsoil vapor remedial system, and (iiivii) asbestos. The provisions of this Section 20, including, without limitation, the groundwater and soil treatment facilities referred to above are maintained by Raytheon and Raytheon has provided an indemnification provisions set forth herein, shall survive any termination of this Leaseto Subtenant to protect it from clean up or other liability related to contamination existing prior to the date Subtenant acquired title to the Land and the improvements then located thereon.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Veritas Software Corp /De/)
Hazardous Materials. Neither (A) During the term of this Lease, Tenant nor Tenant's agents shall comply with all Environmental Laws and Environmental Permits (each as defined in subsection 6.04 (D) hereof) applicable to the operation or employees use of the Premises, shall cause all other persons occupying or using the Premises to comply with all such Environmental Laws and Environmental Permits, shall immediately pay all costs and expenses incurred by reason of such compliance, and shall obtain and renew all Environmental Permits required for operation or use of the Premises. Tenant will not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal, of Hazardous Materials (as defined in subsection 6.04 (D) hereof) on the Premises, the Building or the Property or transport or permit the transportation of Hazardous Materials to or from the Premises, the Building or the Property except for limited quantities used or stored at the Premises and required in connection with the routine operation and maintenance of the Premises, and then only in compliance with all applicable Environmental Laws and Environmental Permits.
(B) Tenant will immediately advise Landlord in writing of any of the following: (i) any pending or threatened Environmental Claim (as defined in subsection (D) below) against Tenant relating to the Premises, the Building or the Property; (ii) any condition or occurrence on the Premises, the Building or the Property that (a) results in noncompliance by Tenant with any applicable Environmental Law, or (b) could reasonably be anticipated to form the basis of an Environmental Claim against Tenant and/or Landlord or the Premises and (iii) the actual or anticipated taking of any removal or remedial action in response to the actual or alleged presence of any Hazardous MaterialMaterial on the Premises, as hereinafter defined, to be brought upon, stored, used, generated, released into in the environment, Building or disposed of on, in, under, or about on the Property. All such notices shall describe in reasonable detail the nature of the claim, except reasonable quantities investigation, condition, occurrence or removal or remedial action and Tenant’s response thereto. In addition, Tenant will provide Landlord with copies of cleaning supplies all communications regarding the Premises with any government or governmental agency relating to Environmental Laws, all such communications with any person relating to Environmental Claims, and office supplies necessary to or required as part such detailed reports of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials Environmental Claim as may reasonably be requested by Landlord. At any time and with good business practices. Tenant covenants from time to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment time during the term of this Lease. To , and at Landlord’s sole cost and expense, Landlord or its agents may perform an environmental inspection of the fullest extent permitted by lawPremises, ▇▇▇▇▇▇ and Tenant hereby grants to Landlord and its agents access to the Premises to undertake such an inspection.
(C) Tenant agrees to indemnify, defend, protect, indemnify and hold harmless Landlordthe Indemnitees from and against all obligations (including removal and remedial actions), ▇▇▇▇▇▇▇▇'s managing agentlosses, and their respective agents and employeesclaims, and their respective successors and assigns, from any and all claimssuits, judgments, damages, penalties, fines, costs, liabilities, penalties (including, by way of illustration and losses not by way of limitation, civil fines), damages (including consequential and punitive damages), costs and expenses (including attorneys’ and consultants’ fees and expenses) of any kind or nature whatsoever that arise during may at any time be incurred by, imposed on or after the term asserted against such Indemnitees directly or indirectly based on, or arising or resulting from (i) the use, storage, disposal, release or presence of Hazardous Materials onon the Premises, in, in the Building or about on the Property that occurs during the term of this Lease. which is caused or permitted by Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, and/or (ii) petroleumany Environmental Claim relating in any way to Tenant’s operation or use of the Premises, and (iii) asbestosthe Building or the Property. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any the termination of this Lease.
(D) (1) “Hazardous Materials” means (a) petroleum or petroleum products, natural or synthetic gas, asbestos in any form, urea formaldehyde foam insulation, and radon gas; (b) any substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants” or “pollutants,” or words of similar import, under any applicable Environmental Law; and (c) any other substance exposure which is regulated by any governmental authority; (2) “Environmental Law” means any federal, state or local statute, law, rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect and in each case as amended, and any judicial or administrative interpretation thereof, including any judicial or administrative order, consent decree or judgment, relating to the environment, health, safety or Hazardous Materials; (3) “Environmental Claims” means any and all administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of non-compliance or violation, investigations, proceedings, consent orders or consent agreements relating in any way to any Environmental Law or any Environmental Permit, including without limitation (a) any and all Environmental Claims by governmental or regulatory authorities for enforcement, cleanup, removal, response, remedial or other actions or damages pursuant to any applicable Environmental Law and/or (b) any and all Environmental Claims by any third party seeking damages, contribution, indemnification, cost recovery, compensation or injunctive relief resulting from Hazardous Materials or arising from alleged injury or threat of injury to health, safety or the environment; and (4) “Environmental Permits” means all permits, approvals, identification numbers, licenses and other authorizations required under any applicable Environmental Law.
Appears in 1 contract
Hazardous Materials. Neither (a) Tenant nor Tenant's agents shall not use, transport, store, dispose of or employees in any manner deal with hazardous materials on the Premises or any adjacent lands and premises of Landlord (collectively the "Property"), except in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. The term "hazardous materials" as used in this Lease shall cause or permit any Hazardous Materialinclude, as hereinafter definedwithout limitation, to be brought upongasoline, storedpetroleum products, usedexplosives, generated, released into the environmentradioactive materials, or disposed any other substances or materials defined as a hazardous or toxic substance or material by any federal, state or local law, ordinance, rule or regulation.
(b) Lessee is on notice and understands that the Premises contains asbestos. Lessee agrees that is it satisfied that appropriate containment and control measures are in place as of onthe rent Occupancy Date with regards to said asbestos. Lessee assumes all responsibility for appropriate containment and control measures following Occupancy Date and as of that date, inshall indemnify and hold harmless Landlord for any and all claims for bodily injury and/or damages arising out of any act or omission connected in any way to said asbestos except for those claims arising out of negligent actions of Landlord relating to said asbestos.
(c) Excepting Section 17(b), underabove, Landlord unconditionally and irrevocably indemnifies and agrees to defend and hold harmless Tenant and its officers, employees, agents, contractors and those claiming by, through or about under Tenant, from and against all loss, cost and expense (including attorneys' fees) of whatever nature suffered or incurred by Tenant on account of the existence at or on the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Buildingrelease or discharge at, on, from or to the Property, prior to the Occupancy Date or thereafter if applicable), upon such release or discharge is caused by the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agentits officers, and their respective agents and employees, and their respective successors and assignsagents or contractors, from of any and all hazardous material, including any claims, judgments, damages, penalties, fines, costs, liabilitieslosses, liabilities and losses that arise during or after the term directly or indirectly expenses arising from the useviolation (or claimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against Tenant, Landlord or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, release removal, transportation or presence treatment of Hazardous Materials on, inany hazardous material by Landlord or the imposition of a lien on any part of the Property under any law pursuant to which a lien or liability may be imposed on Tenant due to the existence of any hazardous material. Landlord unconditionally and irrevocably guarantees the payment of any fees and expenses incurred by Tenant in enforcing the liability of Landlord and this indemnification should Tenant prevail in such action. If any Remedial Work is required because of, or about in connection with, any occurrence or event covered by the Property that occurs during indemnity set forth in this Section 17(c), Landlord shall perform or cause to be performed the term Remedial Work in compliance with the applicable law, regulation, order or agreement. If Landlord elects to perform the Remedial Work, all Remedial Work shall be performed by one or more contractors selected by Landlord and approved in advance in writing by Tenant and under the supervision of this Leasea consulting engineer, selected by Landlord and approved in advance in writing by Tenant. Otherwise, Tenant shall promptly notify Landlord select the contractor(s) and the consulting engineer. All costs and expenses of any release of Hazardous Materials in, onsuch Remedial Work shall be paid either directly, or about in the Property that Tenant or Tenant's agents or employees become aware form of during the Term of this Lease, whether caused by reimbursement to Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, Landlord including without limitation, the indemnification provisions charges of such contractor(s) and the consulting engineer, and Tenant's reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Remedial Work. If Landlord shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Tenant may cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be covered by the indemnity set forth herein, in this Section 17(c). All such costs and expenses shall be due and payable upon demand therefore by Tenant.
(d) The obligations of Landlord and Tenant under this Section 17 shall survive any the termination of this Lease.
Appears in 1 contract
Sources: Lease
Hazardous Materials. Neither Throughout the Lease Term, Tenant nor Tenant's agents shall not knowingly cause, permit or employees shall cause allow any chemical substances, asbestos or permit asbestos-containing materials, formaldehyde, polychlorinated biphenyls, and toxic, carcinogenic, radioactive, dangerous or hazardous material, substance, waste, contaminant, or pollutant regulated now or hereafter by any governmental entity or agency (collectively, "Hazardous Material, as hereinafter defined, Materials") to be brought uponplaced, stored, dumped, dispensed, released, discharged, used, generatedsold, released into the environmenttransported, or disposed located on or within any portion of onthe Premises, inthe Building or the Land by itself or its servants, underagents, employees, contractors, subcontractors, licensees, assignees or subtenants; provided, however, minor quantities of Hazardous Materials may be used or stored in the Premises for cleaning purposes only or in connection with the use of office equipment and the normal operation of Tenant's office only, so long as such quantities and the use thereof are permitted by or are exempt from applicable governmental regulation. Tenant agrees to give Landlord prompt written notice of any discovery, discharge, release or threatened discharge or threatened release of any Hazardous Materials on or about the PropertyPremises, except reasonable quantities of cleaning supplies the Building or the Land. Tenant agrees to promptly clean up any Hazardous Materials which are placed in the Premises or on the Land by Tenant or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating remediate and remove any such Hazardous Materials and with good business practices. Tenant covenants contamination relating to remove from the Property (or Premises, the BuildingBuilding and/or the Land, if applicable)as appropriate, upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any in compliance with all applicable laws, ordinances, rules and all Hazardous Materials brought uponregulations then in effect and to Landlord's satisfaction, storedat no cost or expense to Landlord. Additionally, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ Tenant hereby agrees to indemnify, defend, protect, indemnify and hold harmless Landlord and Landlord's partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, directors, members, affiliates, employees and their respective agents from and against all loss, cost, damage, liability and expense (including attorneys' fees and expenses) arising from or relating to any Hazardous Materials (other than those permitted above) which are placed in the Premises or the Building or on the Land by Tenant or its servants, agents, employees, and their respective successors and assignscontractors, from any and all claimssubcontractors, judgmentslicensees, damages, penalties, fines, costs, liabilities, and losses that arise during assignees or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasesubtenants.
Appears in 1 contract
Hazardous Materials. Neither (i) Landlord represents and warrants to Tenant nor Tenant's agents or employees shall cause or permit any Hazardous Materialthat, as hereinafter definedof the date of this Lease, to be brought uponthe best of Landlord’s actual knowledge, storedthere are no substances, usedmaterials, generatedwastes, released into the environmentpollutants, or disposed of oncontaminants listed or defined as hazardous or toxic under any Legal Requirement (“Hazardous Materials”) on the Premises. Landlord shall indemnify, indefend, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials hold Tenant harmless from and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, against any and all losses, claims, demands, actions, fines, suits, damages, penalties, liabilities, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, reasonable attorneys’ fees, consultant fees, or expert fees) which are brought or recoverable against Tenant to the extent resulting from any Hazardous Materials brought upon, stored, used, generatedthat: (i) existed in the Premises and/or the Property prior the Commencement Date; or (ii) were not placed on the Premises and/or the Property by Tenant, or released into by any of Tenant’s agents, contractors, employees, subtenants, assignees, or invitees. The obligations of Landlord under this paragraph will survive termination or expiration of this Lease.
(ii) Tenant will indemnify, defend, and hold Landlord harmless from and against any and all losses, claims, demands, actions, fines, suits, damages, penalties, liabilities, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, reasonable attorneys’ fees, consultant fees, or expert fees) which are brought or recoverable against Landlord to the environment during extent resulting from any Hazardous Materials that are brought onto the term Premises by Tenant or its agents, employees, contractors, subtenants, assignees, or invitees. The obligations of Tenant under this paragraph will survive termination or expiration of this Lease. To For the fullest extent permitted avoidance of doubt, the liability of Tenant, and any indemnities provided by lawTenant, shall not extend to Hazardous Materials: (i) that existed in the Premises and/or the Property prior to the Commencement Date; or (ii) that were not placed on the Premises and/or the Property by ▇▇▇▇▇▇, or by any of Tenant’s agents, contractors, employees, subtenants, assignees, or invitees.
(iii) Hazardous Materials shall also include, but not be limited to, fuels, petroleum, and petroleum-derived products. Subject to the following sentence, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during no flammable or after explosive liquids or solids shall be stored within the term directly or indirectly from Premises. For the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term purpose of this Lease, whether caused by Tenantflammable or explosive liquids or solids, Tenant's agents or employees, or any other persons or entities. As used herein, and the term “Hazardous MaterialMaterials,” means any hazardous shall not apply to lithium ion or toxic substance, materiallithium polymer batteries, or waste that is fuel or becomes regulated by other flammables contained with the normal portions of any local governmental authority, the state of Oregon, aircraft or the United States government. The term “Hazardous Material” includes, without limitation, any material automobile placed on or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasein Tenant’s trailers.
Appears in 1 contract
Sources: Lease Agreement
Hazardous Materials. Neither (a) Throughout the Lease Term, Tenant nor Tenant's agents shall not knowingly cause, permit or employees shall cause allow any chemical substances, asbestos or permit asbestos-containing materials, formaldehyde, polychlorinated biphenyls, and toxic, carcinogenic, radioactive, dangerous or hazardous material, substance, waste, contaminant, or pollutant regulated now or hereafter by any governmental entity or agency (collectively, "Hazardous Material, as hereinafter defined, Materials") to be brought uponplaced, stored, dumped, dispensed, released, discharged, used, generatedsold, released into the environmenttransported, or disposed located on or within any portion of onthe Premises, inthe Building or the Land by itself or its servants, underagents, employees, contractors, subcontractors, licensees, assignees or subtenants; provided, however, minor quantities of Hazardous Materials may be used or stored in the Premises for cleaning purposes only or in connection with the use of office equipment and the normal operation of Tenant's office only, so long as such quantities and the use thereof are permitted by or are exempt from applicable governmental regulation. Tenant agrees to give Landlord prompt written notice of any discovery, discharge, release or threatened discharge or threatened release of any Hazardous Materials on or about the PropertyPremises, except reasonable quantities of cleaning supplies the Building or the Land. Tenant agrees to promptly clean up any Hazardous Materials which are placed in the Premises or on the Land by Tenant or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating remediate and remove any such Hazardous Materials and with good business practices. Tenant covenants contamination relating to remove from the Property (or Premises, the BuildingBuilding and/or the Land, if applicable)as appropriate, upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any in compliance with all applicable laws, ordinances, rules and all Hazardous Materials brought uponregulations then in effect and to Landlord's satisfaction, storedat no cost or expense to Landlord. Additionally, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ Tenant hereby agrees to indemnify, defend, protect, indemnify and hold harmless Landlord and Landlord's partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, directors, members, affiliates, employees and their respective agents from and against all loss, cost, damage, liability and expense (including attorneys' fees and expenses) arising from or relating to any Hazardous Materials (other than those permitted above) which are placed in the Premises or the Building or on the Land by Tenant or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants.
(b) The terms and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of provisions in this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, Paragraph 47 shall survive any the termination or earlier expiration of this Lease.
Appears in 1 contract
Hazardous Materials. Neither A. Tenant nor Tenant's agents shall comply with all statutes, ordinances, rules, orders, regulations and requirements of the federal, state, county and city governments and all departments thereof applicable to the presence, storage, use, maintenance and removal of toxic, hazardous or employees shall cause contaminated substances, materials or permit any wastes (collectively, "Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, Materials") in, under, on or about the PropertyPremises and the Complex, except reasonable quantities of cleaning supplies and office supplies necessary to which presence, storage, use, maintenance or required as part removal is caused or permitted by Tenant or any of Tenant's business agents, employees, contractors, invitees or any other person or entity over which Tenant has control. In no event shall the aforesaid be construed to mean that are generatedLandlord has given or will give its consent to Tenant's storing, usedusing, keptMaintaining or removing Hazardous Materials in, storedon or about the Premises, or disposed of other than those customarily used in a manner that complies offices, and then only in compliance with all laws regulating any such Hazardous Materials applicable laws, ordinances, rules and with good business practicesregulations. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease shall indemnify and at Tenant's sole cost hold Landlord and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protectits members, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, its and their respective agents and agents, employees, officers and their respective successors directors, free and assigns, harmless from and against any and all claims, judgments, damages, penalties, fines, costs (including reasonable attorneys' fees, litigation and court costs), liabilities, liabilities and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20losses, including, without limitation, diminution in the indemnification provisions set forth hereinvalue of the Premises, shall survive the Building or the Complex or any termination portion thereof, damages for the loss or restriction on use of this Lease.rentable or usable space or of any amenity of the Premises the Building or the Complex or any part thereof, and sums paid in settlement of claims, reasonable attorneys' fees, consultant fees, expert fees, any and all costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work necessary in the reasonable judgment of Landlord or required by any federal, state or local governmental agency or political subdivision because of the presence of such Hazardous Materials in, on or about the Premises, the Building or the Complex or any part thereof, arising out of
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents shall not, without the prior written consent of Landlord, use, store, transport or employees shall cause or permit dispose of any Hazardous MaterialMaterial in or about the Premises, as hereinafter defined, except for Hazardous Materials of a type and in amounts used in accordance·with Law. Tenant shall provide Landlord with written notice specifying in reasonable detail all Hazardous Materials to be brought uponstored or used at the Premises. Tenant, at its sole cost, shall comply with all laws relating to its use of Hazardous Materials. If Hazardous Materials stored, used, generateddisposed of, released into the environmentemitted, or disposed of on, in, under, released on or about the PropertyBuilding by Tenant or its agents, except reasonable quantities employees or contractors result in Contamination of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatedthe Premises, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (Building or the Buildingwater or soil thereunder, if applicable), upon the expiration or sooner termination of this Lease then Tenant shall promptly provide Landlord with written notice thereof and at Tenant's sole cost and expense, take any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Leaseaction necessary to remediate such contamination as required by Law. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to Tenant shall indemnify, defend, protect, protect and hold harmless LandlordLandlord and its officers, ▇▇▇▇▇▇▇▇'s managing agentdirectors, and their respective agents and employees, and their respective successors and assignsassigns harmless from and against, from all losses, damages, claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of Tenant's use, discharge, disposal, storage, transport, release or emission of Hazardous Materials on or about the Premises and Building during the Term. "Hazardous Materials" shall mean any substance, pollutant, contaminant, material and waste that is classified in any applicable Environmental Law as "hazardous", "toxic", "dangerous", a "pollutant", a "contaminant" or words of similar meaning, including asbestos, asbestos-containing materials, polychlorinated biphenyls, petroleum or petroleum products, radioactive materials, radon gas and any known carcinogenic materials. "Environmental Law" shall mean any and all claimsLaws and Judgments relating to either the condition of the environment or the storage, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storageemission, disposal, release disposal or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials. "Contamination" shall mean the emission, discharge or release of any Hazardous Materials into, on, onto or about into the Property that Tenant environment. "Judgment" shall mean any judgment, injunction, order or Tenant's agents or employees become aware decree of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseGovernmental Entity.
Appears in 1 contract
Hazardous Materials. Neither (a) Tenant nor Tenant's agents or employees shall cause not engage in or permit any Hazardous Materialparty to engage in the transportation, as hereinafter definedstorage, to be brought uponplacement, storedhandling, usedtreatment, generateddischarge, released into the environmentgeneration, production, or disposed disposal (collectively "Treatment") of onany hazardous waste, inhazardous substance, undertoxic waste, waste, waste products, radioactive waste, polychlorinated biphenyls, asbestos, or about the Propertyany other substance of any kind which is regulated by any law, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatedstatute, usedordinance,, kept, storedrule, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practicesregulation (collectively "Waste"), on the Demised Premises or which affect the Demised Premises or the Shopping Center. Tenant further covenants and warrants that Tenant, its agents, licensees, employees, assignees, sublessees and contractors, will at all times comply with and conform to remove from all laws, statutes, ordinances, rules, regulations, notices, and orders now or hereafter in force (collectively "Directives") of all governmental and regulatory authorities, or of any Board of Fire Underwriters, or any insurance organization, association, or company, with respect to the Property Treatment of any Waste on or which affects the Demised Premises.
(b) Immediately upon receipt of any notice of any kind or the Buildingnature respecting any Treatment of Waste or any spill, if applicablecontamination, discharge, leakage, release or escape of Waste, whether sudden or gradual, accidental or anticipated, or of any other nature (hereinafter "Spill"), upon in or affecting the Demised Premises, from any party, the receiving party shall deliver to the other a true, correct and complete copy of any written notice or a true, correct, and complete report of any non-written notice.
(c) Notwithstanding anything in this Lease, the representations and undertakings of Tenant in this Section 11 shall survive the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, regardless of the means of such expiration or termination for so long as Landlord has any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord interest of any release of Hazardous Materials in, on, or about kind in the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, Demised Premises whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” landlord, tenant, mortgagee or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leaseotherwise.
Appears in 1 contract
Sources: Office Lease
Hazardous Materials. Neither Tenant nor TenantLandlord represents that, to the best of Landlord's agents or employees shall cause or permit any Hazardous Materialknowledge, as hereinafter definedof the Effective Date, no substances, materials or wastes subject to be brought uponregulation by Legal Requirements from time to time in effect concerning hazardous, stored, used, generated, released into toxic or radioactive materials ("Hazardous Materials") are located on the environment, or disposed Leased Premises in violation of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practicesLegal Requirements. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to Landlord shall indemnify, defend, protect, defend (with counsel reasonably approved by Tenant) and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agentTenant, and their respective the officers, directors, shareholders, employees and agents and employeesof Tenant, and their respective successors and assigns, harmless from any and all obligations, claims, administrative proceedings, judgments, damages, penalties, fines, costs, costs and liabilities, and losses including reasonable attorneys' fees incurred, that arise during or after the term directly or indirectly from or in connection with the usepresence, storagesuspected presence, disposalRelease (as defined below), release or presence suspected Release of Hazardous Materials onprior to or in existence as of the Effective Date arising out of, inin connection with or by reason of the action or inaction of Landlord, or about Landlord's officers, directors, partners, agents, employees, contractors, subtenants, invitees or visitors, including such costs as are attributable to periods of time prior to the Property that occurs during the term of Effective Date. As used in this Lease, "Release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles). Tenant shall promptly notify Landlord indemnify, protect, defend (with counsel reasonably approved by Landlord) and hold Landlord, and the officers, directors, shareholders, employees and agents of Landlord, harmless from any release and all obligations, claims, administrative proceedings, judgments, damages, fines, costs and liabilities, including reasonable attorneys' fees incurred, that arise directly or indirectly from or in connection with the presence, suspected presence, Release, or suspected Release of Hazardous Materials inafter the Effective Date arising out of, onin connection with or by reason of the action or inaction of Tenant, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Leaseofficers, whether caused by Tenantdirectors, Tenant's agents or partners, agents, employees, contractors, subtenants, invitees or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasevisitors.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents Except for lawful, ordinary and general office supplies and chemicals typically used in the ordinary course of business of Lessee and other uses within commercial properties, such as copies toner, liquid paper, glue, ink and common household cleaning materials (some or employees shall all of which may constitute “Hazardous Materials” as defined below), Lessee agrees not to cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, handled, generated, released into the environmentreleased, or disposed of on, in, under, under or about the PropertyPremises by Lessee, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatedits agents, usedemployees, keptsubtenants, storedassignees, contractors, or disposed invitees (collectively, “Lessee’s Parties”), without the prior written consent of in a manner that Lessor, which consent shall not be unreasonably withheld or delayed provided Lessee complies with all laws regulating regarding the use, storage and disposition of any such Hazardous Materials and with good business practicesMaterials. Tenant covenants to remove from the Property (or the Building, if applicable), upon Upon the expiration or sooner termination of this Lease and Lease, Lessee agrees to remove from the Premises, at Tenant's its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated, generated or released into upon, in or under the environment during the term Premises or any portion thereof by Lessee or any of this LeaseLessee’s Parties. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby Lessee agrees to promptly indemnify, defend, protect, defend and hold harmless LandlordLessor and Lessor’s partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, and their respective agents and directors, employees, and their respective agents, successors and assignsassigns (collectively, “Lessor’s Indemnified Parties”) from and against any and all claimsclaims that Lessor may be liable for, judgmentssuffer, damagesincur, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence pay arising out of any Hazardous Materials brought upon, stored, used, handled, generated, released, disposed of on, in, under or about the Property that occurs during Premises by the term Lessee parties. Lessee must comply with all clean-up, removal, repair, detoxification or the remediation requirements of this Lease. Tenant shall promptly notify Landlord the Texas Commission on Environmental Quality and the Environmental Protection Agency, and each of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employeesits successor agencies and authorities, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, materialstate agency, or waste that is federal agency of competent jurisdiction, in rendering the Premises safe from injury or becomes regulated death and caused by any local governmental authorityHazardous Materials being brought upon, stored, used, handled, generated, released, disposed of on, in, under or about the state of Oregon, or the United States governmentPremises by Lessee Parties. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions For purposes of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.7.02 “
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's ’s agents or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the PropertyPremises, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's ’s business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property Premises (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's ’s sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ Tenant hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s ’s managing agent, agent and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release release, or presence of Hazardous Materials on, in, or about the Property that Premises which occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property Premises that Tenant or Tenant's ’s agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's ’s agents or employees, or any other persons or entities. As used herein, the term “Hazardous MaterialMaterials” means shall mean any hazardous or toxic substance, material, or waste that which is or becomes regulated by any local or state governmental authority, the state of Oregon, authority or the United States governmentGovernment. The term “Hazardous MaterialMaterials” includesshall include, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.
Appears in 1 contract
Sources: Office Lease (Thermal Tennis Inc.)
Hazardous Materials. Neither 40.1 Tenant, at its sole cost, shall comply with all federal, state and local laws, statutes, ordinances, codes, regulations and orders relating to the receiving, handling, use, storage, accumulation, transportation, generation, spillage, migration, discharge, release and disposal of Hazardous Material (as hereinafter defined in Section 40.12 hereof) in or about the Premises which result from the operations of Tenant nor or Tenant's agents assignees, subtenants, employees, agents, contractor, licensees or employees invitees. Tenant shall not cause or permit any Hazardous Material, as hereinafter defined, Material to be brought upon, stored, used, generated, released into the environment, kept or disposed of on, in, under, used in or about the PropertyPremises by Tenant, except reasonable quantities of cleaning supplies and office supplies necessary to its agents, employees, contractors, invitees or required as part of Tenant's business that are generatedsubtenants, used, kept, stored, or disposed of in a manner that complies with all laws regulating or for a purpose prohibited by any such federal, state or local agency or authority. The accumulation of Hazardous Materials Material shall be in approved containers and with good business practices. Tenant covenants to remove removed from the Property (or the BuildingPremises by duly licensed carriers.
40.2 Tenant shall immediately provide Landlord with telephonic notice, if applicable)which shall promptly be confirmed by written notice, upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all spillage, discharge, release and disposal of Hazardous Materials brought uponMaterial onto or within the Premises, storedincluding the soils and subsurface waters thereof, usedwhich by law must be reported to any federal, generatedstate or local agency, and any injuries or released into damages resulting directly or indirectly therefrom. Further, Tenant shall deliver to Landlord each and every notice or order, when said order or notice identifies a violation which may have the environment during potential to adversely impact the term Premises, received from any federal, state or local agency concerning Hazardous Material and the possession, use and/or accumulation thereof promptly upon receipt of this Leaseeach such notice or order by Tenant. To Landlord shall have the fullest extent permitted by lawright, ▇▇▇▇▇▇ hereby agrees upon reasonable notice, to inspect and copy each and every notice or order received from any federal, state or local agency concerning Hazardous Material and the possession, use and/or accumulation thereof.
40.3 Tenant shall be responsible for and shall indemnify, defend, protect, defend and hold harmless Landlord and Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, Agents from any and all liability, damages, injuries, causes of action, claims, judgments, damagescosts, penalties, fines, costs, liabilitieslosses, and losses that expenses which arise during or after the term directly of this Lease and which result from Tenant's (or indirectly from the Tenant's Agents, assignees, subtenants, employees, agents, contractors, licensees, or invitees) receiving, handling, use, storage, accumulation, transportation, generation, spillage, migration, discharge, release or disposal of Hazardous Material in, upon or about the Premises, including without limitation (i) diminution in value of the Premises resulting from to spillage, migration, discharge, release or improper disposal, (ii) damages for the loss or restriction on use of any portion or amenity of the Premises, (iii) damages arising from any adverse impact on marketing of space in the Building due to spillage, migration, discharge, release, improper disposal or improper use, handling, or storage, (iv) damages and the costs of remedial work to other property in the vicinity of the Premises owned by Landlord or an affiliate of Landlord, and (v) consultant fees, expert fees, and attorneys' fees. Landlord shall be responsible for and shall indemnify, protect, defend and hold harmless Tenant on the same basis as above for any claims which result from receipt, handling, use, storage, accumulation, transportation, generation, spillage, migration, discharge, release or disposal of Hazardous Material in, upon or about the Premises resulting from operations of Landlord or Landlord's Agents, assignees, employees, agents, contractors, licensees or invitees.
40.4 The indemnification pursuant to the preceding Section 40.3 includes, without limiting the generality of Section 40.3, reasonable costs incurred in connection with any investigation of site conditions, cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil, subsoil, ground water, or elsewhere on, under or about the Premises, or on, under or about any other property in the vicinity of the Premises owned by Landlord or an affiliate of Landlord. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, or underlying soil or groundwater, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material, provided that Landlord's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, except that Tenant shall not be required to obtain Landlord's prior approval of any action of an emergency nature reasonably required or any action mandated by a governmental authority, but Tenant shall give Landlord prompt notice thereof.
40.5 Landlord acknowledges that it is not the intent of this Article 40 to prohibit Tenant from operating its business as described in Article 10 or to unreasonably interfere with the operation of Tenant's business. Tenant may operate its business according to the custom of the industry so long as the use or presence of Hazardous Material is strictly and properly monitored according to all applicable governmental requirements. As a material inducement to Landlord to allow Tenant to use Hazardous Material in connection with its business, Tenant agrees to deliver to Landlord prior to the Term Commencement Date a list identifying each type of Hazardous Material to be present in or upon the Premises and setting forth any and all governmental approvals or permits required in connection with the presence of Hazardous Material on the Premises ("Hazardous Material Summary") and a copy of the Hazardous Material business plan prepared pursuant to Health and Safety Code Section 25500 et seq. At Landlord's request, and at reasonable times, Tenant shall make available to Landlord the latest available Hazardous Materials onSummary and true and correct copies of the following documents (hereinafter referred to as the "Hazardous Material Documents") relating to the handling, storage, disposal and emission of Hazardous Material: permits; approvals; reports and correspondence; storage and management plans; notice of violations of any laws; plans relating to the installation of any storage tanks to be installed in or under the Premises (provided said installation of tanks shall be permitted only after Landlord has given Tenant its written consent to do so, which consent may not be unreasonably withheld); and all closure plans or any other documents required by any and all federal, state and local governmental agencies and authorities for any storage tanks installed in, on or about the Property that occurs during Premises for the term closure of this Leaseany such tanks. Tenant shall promptly notify not be required, however, to provide Landlord with that portion of any release document which contains information of a proprietary nature and which, in and of itself, does not contain a reference to any Hazardous Materials inMaterial which are not otherwise identified to Landlord in such documentation, on, unless any such Hazardous Material Document names Landlord as an "owner" or about "operator" of the Property that facility in which Tenant or is conducting its business. It is not the intent of this subsection to provide Landlord with information which could be detrimental to Tenant's agents business should such information become possessed by Tenant's competitors. Landlord shall treat all information furnished by Tenant to Landlord pursuant to this Section 40.5 as confidential and shall not disclose such information to any person or employees become aware entity without Tenant's prior written consent, which consent shall not be unreasonably withheld or delayed, except as required by law.
40.6 Notwithstanding other provisions of during the Term of this Article 40, it shall be a default under this Lease, whether caused by Tenantand Landlord shall have the right to terminate the Lease and/or pursue its other remedies under Article 24, Tenant's agents or employees, or any other persons or entities. As used herein, in the term “Hazardous Material” means any hazardous or toxic substance, material, or waste event that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as Tenant's use of the Premises for the generation, storage, use, treatment or disposal of Hazardous Material is in a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” manner or “waste” under any federal, state, or local for a purpose prohibited by applicable law unless Tenant is diligently pursuing compliance with such law, (ii) petroleumTenant has been required by any governmental authority to take remedial action in connection with Hazardous Material contaminating the Premises if the contamination resulted from Tenant's action or use of the Premises, and unless Tenant is diligently pursuing compliance with such requirement, or (iii) asbestos. The Tenant is subject to an enforcement order issued by any governmental authority in connection with the use, disposal or storage of a Hazardous Material on the Premises, unless Tenant is diligently seeking compliance with such enforcement order.
40.7 Notwithstanding the provisions of this Section 20Article 25, includingif (i) any anticipated use of the Premises by a proposed assignee or subtenant involves the generation or storage, without limitationuse, treatment or disposal of Hazardous Material in any manner or for a purpose prohibited by any applicable law, (ii) the indemnification provisions set forth hereinproposed assignee or sublessee has been required by any governmental authority to take remedial action in connection with Hazardous Material contaminating a property if the contamination resulted from such party's action or use of the property in question and has failed to take such action, or (iii) the proposed assignee or sublessee is subject to an enforcement order issued by any governmental authority in connection with the use, disposal or storage of Hazardous Material of a type such proposed assignee or sublessee intends to use in the Premises, it shall survive any termination of this Leasenot be unreasonable for Landlord to withhold its consent to an assignment or subletting to such proposed assignee or sublessee.
Appears in 1 contract
Sources: Lease (Genetronics Biomedical LTD)
Hazardous Materials. Neither Tenant nor Tenant's agents (a) Borrower has conducted all appropriate inquiry and investigation into the presence of Hazardous Materials on the Mortgaged Property and the compliance by the Mortgaged Property with all Environmental Laws. The Mortgaged Property is, and at all times hereafter will continue to be, in full compliance with all Environmental Laws. As of the date of this Security Deed, the Mortgaged Property has not been used to treat, store or employees shall cause or permit dispose of any Hazardous MaterialMaterials, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any no such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Buildingincluding without limitation, if applicableany materials containing asbestos), upon are located on, in or under the expiration Mortgaged Property or sooner termination used or emitted in connection therewith. Borrower has obtained and shall maintain all licenses, permits and approvals required with respect to Hazardous Materials, and is in full compliance with all of this Lease the terms, conditions and at Tenantrequirements of such licenses, permits and approvals.
(b) To the best of Borrower's sole cost knowledge and expensebelief, no portion of the Mortgaged Property is a wetland.
(c) Borrower shall promptly notify Lender of any change in the nature or extent of any (i) Hazardous Materials, maintained on, in or under the Mortgaged Property or used or emitted in connection therewith and (ii) wetlands located on the Mortgaged Property. Borrower also has notified and shall notify Lender of Borrower's receipt of any citations, orders, notices, consent agreements, lawsuits, claims, or similar communication from a government agency or third party alleging a violation of any Environmental Laws (including allegations of a violation of the common law).
(d) Borrower shall indemnify and hold Lender harmless from and against any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costsclaims, liens, suits, liabilities, costs (including clean-up costs), judgments and losses that arise during expenses (including attorneys', consultants' or after experts' fees and expenses) of every kind and nature suffered by or asserted against Lender as a direct or indirect result of any warranty, representation, or portion thereof, made by Borrower in this Paragraph 3.6, being false or untrue in any respect or as a result of any requirement under any Environmental Law, which requires the term directly elimination, treatment, or indirectly from the useremoval of any Hazardous Materials. Upon demand by Lender, storage, disposal, release Borrower shall diligently defend any claim arising under any Environmental Laws or presence of relating to Hazardous Materials on, in, or about which affects the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant is made or Tenant's agents or employees become aware of during the Term of this Leasecommenced against Lender, whether caused by Tenant, Tenant's agents alone or employees, together with Borrower or any other persons person, all at Borrower's own cost and expense and by counsel to be approved by Lender in the exercise of its reasonable judgment. In the alternative, at any time Lender may elect to conduct its own defense through counsel selected by Lender and at the cost and expense of Borrower.
(e) Lender shall have the right at any time prior to full payment and satisfaction of the Note that Lender has a good faith belief that Hazardous Materials are present on the Premises or entitiesthat the Premises are not in full compliance with all Environmental Laws to arrange for or conduct environmental inspections of the Mortgaged Property (including, but not limited to, sampling of materials for laboratory analysis). As used hereinThe cost of such inspections shall be borne as agreed between Borrower and Lender, except that the term “Hazardous Material” means cost of any hazardous such inspections conducted in contemplation of foreclosure or toxic substancepursuant to Paragraph 9.7 hereof shall be the obligation of Borrower.
(f) Borrower's obligations under this Section 3.6 to Lender shall not be limited to any extent by the terms of the Note, materialand, as to any act or occurrence prior to payment in full and satisfaction of the Note which gives rise to liability hereunder, shall continue, survive and remain in full force and effect notwithstanding payment in full and satisfaction of the Note and this Security Deed or foreclosure under this Security Deed, or waste that is or becomes regulated by any local governmental authority, the state delivery of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions deed in lieu of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leaseforeclosure.
Appears in 1 contract
Hazardous Materials. Neither Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant nor Tenant's agents or employees shall agrees not to cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, handled, generated, released into the environment, or disposed of on, in, under, under or about the PropertyPremises, except reasonable quantities the Building, the Common Areas or any other portion of cleaning supplies and office supplies necessary to the Development by Tenant, its agents, employees, subtenants, assignees, licensees. contractors or required as part of invitees (collectively, "Tenant's business that are generatedParties"), usedwithout the prior written consent of Landlord, keptwhich consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or earlier termination of this Lease, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants agrees to promptly remove from the Property (or Premises, the BuildingBuilding and the Development, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated, generated or released into upon, in, under or about the environment during Premises, the term Building and/or the Development or any portion thereof by Tenant or any of this LeaseTenant's Parties. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby Tenant agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord's partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, and their respective agents and directors, employees, and their respective agents, successors and assignsassigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, liabilitiessums paid in settlement of claims, attorneys' fees, consultant fees and losses that expert fees and court costs) which arise during or after the term directly or indirectly result from the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about the Property that occurs during Premises, the term Building or any other portion of this Leasethe Development and which are caused or permitted by Tenant or any of Tenant's Parties. Tenant shall agrees to promptly notify Landlord of any release of Hazardous Materials inat the Premises, on, the Building or about any other portion of the Property that Development which Tenant or Tenant's agents or employees become becomes aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used hereinin this Lease, the term “"Hazardous Material” means Materials" shall mean and include any hazardous or toxic substancematerials, materialsubstances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or waste that is ruling of any agency of the State, the United States Government or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other chlorofluorocarbons. The provisions of this Subparagraph 8(c) will survive the indemnification provisions set forth herein, shall survive any expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Office Building Lease (Virtual Mortgage Network Inc)
Hazardous Materials. Neither To the best of Landlord’s knowledge, there is no asbestos or other hazardous materials in the Building or Premises. Tenant nor Tenant's agents shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed, or employees shall cause conditioned by Landlord, introduce on or permit transfer to the Premises or Property, any Hazardous Material, Materials (as hereinafter defined); nor dump, to be brought upon, stored, used, generated, released flush or otherwise dispose of any Hazardous Materials into the environmentdrainage, sewage or disposed waste disposal systems serving the Premises or Property; nor generate, store, use, release, spill or dispose of on, in, under, any Hazardous Materials in or about on the Premises or the Property, except reasonable quantities or to transfer any Hazardous Materials from the Premises to any other location; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials; provided Tenant may bring into the Premises small amounts of Hazardous Materials (such as cleaning supplies products and office supplies copy toner) which are readily available to Tenant by unregulated retail purchase if the same are necessary in Tenant’s normal business operations. Tenant agrees to deliver promptly to Landlord any notices, orders or required as part similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) business days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's business that are generated’s use of the Premises and, usedin particular, keptto Tenant’s use, storedgeneration, storage and/or disposal of Hazardous Materials at, to, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practicesfrom the Premises. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to shall indemnify, defenddefend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, liabilitiestaxes, assessments, forfeitures, losses, expenses, attorneys’ fees and expenses, consultant fees, and losses expert fees that arise during from or after the term are caused in whole or in part, directly or indirectly from indirectly, by (i) the use, storage, disposal, release presence or suspected presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, under or about the Property that Tenant Premises or discharge in or from the Premises of any Hazardous Materials, or Tenant's agents ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or employees become aware generation of during Hazardous Materials to, in, on, under, about or from the Term of this Lease, whether caused by Tenant, Tenant's agents or employeesPremises, or (ii) Tenant’s failure to comply with any other persons or entitiesEnvironmental Laws. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includesTenant’s obligations hereunder shall include, without limitation, any material and whether foreseeable or substance that is unforeseeable, all costs (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, capital, operating and maintenance costs) incurred in connection with any investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the indemnification provisions set forth hereinPremises, shall survive and the preparation and implementation of any termination closure, remedial action or other required plans in connection therewith. For purposes of this LeaseSection, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful, or unlawful) shall be attributable to Tenant.
Appears in 1 contract
Sources: Lease (Bioventus Inc.)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, ------------------- Material (as hereinafter defined, ) to be brought upon, stored, used, generated, released into the environment, kept or disposed of on, in, under, used in or about the PropertyPremises or the Building by Tenant, except reasonable quantities its agents, principals, employees, assigns, sublessees, contractors, consultants or invitees without the prior written consent of cleaning supplies and office supplies necessary to Landlord, which consent may be withheld for any reason whatsoever or required as part of Tenant's business that are generated, used, kept, storedfor no reason at all. If Tenant breaches the obligations stated in the preceding sentence, or disposed if the presence of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Material on the Premises or around the Building caused or permitted by Tenant covenants to remove from the Property (or the Building, if applicableaforesaid others) results in contamination of the Premises or the Building or the surrounding area(s), upon or if contamination of the expiration Premises or sooner termination of this Lease the Building or the surrounding area(s) by Hazardous Material otherwise occurs for which Tenant is legally, actually or factually liable or responsible to Landlord (or any party claiming by, through or under Landlord) for damages, losses, costs or expenses resulting therefrom, then Tenant shall fully and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to completely indemnify, defend, protect, defend and hold harmless Landlord (or any party claiming by, through or under Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, ) from any and all claims, judgments, damages, penalties, fines, costscosts liabilities or losses [including, liabilitieswithout limitation: (i) diminution in the value of the Premise and/or the Building and/or the land on which the Building is located and/or any adjoining area(s) which Landlord owns or in which it holds a property interest; (ii) damages for the loss or restriction on use of rentable or usable space of any amenity of the Premises, the Building or the land on which the Building is located; (iii) damages arising from any adverse impact on marketing of space; and losses that (iv) any sums paid in settlement of claims, attorneys' fees, consultants fees and expert fees] which arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused as may be extended, as a consequence of such contamination. This indemnification of Landlord by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” Tenant includes, without limitation, costs incurred in connection with any material investigation of site conditions or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” any clean-up, remedial, removal or “waste” under restoration work required by any federal, state, state or local lawgovernment agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises or the Building. Without limiting the foregoing, if the presence of any Hazardous Material on, under or about the Premises, the Building or the surrounding area(s) caused or permitted by Tenant (iior the aforesaid others) petroleumresults in any contamination of the Premises, the Building or the surrounding area(s), Tenant shall immediately take all actions at its sole expense as are necessary or appropriate to return the Premises, the Building and (iiithe surrounding area(s) asbestosto the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's prior written approval of such actions by Tenant shall be first obtained. The provisions foregoing obligations and responsibilities of this Section 20, including, without limitation, the indemnification provisions set forth herein, Tenant shall survive any the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Virtual Mortgage Network Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, Material (as hereinafter defined, ) to be brought upon, stored, used, generated, released into the environment, kept or disposed of on, in, under, used in or about the PropertyPremises or the Building by Tenant, except reasonable quantities its agents, principals, employees, assigns, sublessee, contractors, consultants or invitees without the prior written consent of cleaning supplies and office supplies necessary to Landlord, which consent may be withheld for any reason whatsoever or required as part of Tenant's business that are generated, used, kept, storedfor no reason at all. If Tenant breaches the obligations stated in the preceding sentence, or disposed if the presence of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Material on the Premises or around the Building caused or permitted by Tenant covenants to remove from the Property (or the Building, if applicableaforesaid others) results in contamination of the Premises or the Building or the surrounding area(s), upon or if contamination of the expiration Premises or sooner termination the Building or the surrounding area(s) by Hazardous Material otherwise occurs for which Tenant is legally, actually or factually liable or responsible to Landlord (or any party claiming by, through of this Lease under Landlord) for damages, losses, costs or expenses resulting therefrom, then Tenant shall fully and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to completely indemnify, defend, protect, defend and hold harmless Landlord (of any party claiming by, through or under Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, ) from any and all claims, judgments, damages, penalties, fines, costscosts liabilities or losses [including, liabilitieswithout limitation: (i) diminution in the value of the Premises and/or the Building and/or the land on which the Building is located and/or any adjoining area(s) which Landlord owns or in which it holds a property interest; (ii) damages for the loss or restriction on use of rentable or usable space of any amenity of the Premises, the Building or the land on which the Building is located; (iii) damages arising from any adverse impact on marketing of space; and losses that (iv) any sums paid in settlement of claims, attorneys' fees, consultants fees and expert fees] which arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused as may be extended, as a consequence of such contamination. This indemnification of Landlord by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” Tenant includes, without limitation, costs incurred in connection with any material investigation of site conditions of any clean-up, remedial, removal or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under restoration work required by any federal, statestate of local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises or the Building. Without limiting the foregoing, if the presence of any Hazardous Material on, under or local lawabout the Premises, the Building or the surrounding area(s) caused or permitted by Tenant (iior the aforesaid others) petroleumresults in any contamination of the Premises, the Building or the surrounding area(s), Tenant shall immediately take all actions at its sole expense as are necessary or appropriate to return the Premises, the Building and (iiithe surrounding area(s) asbestosto the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's prior written approval of such actions by Tenant shall be first obtained. The provisions foregoing obligations and responsibilities of this Section 20, including, without limitation, the indemnification provisions set forth herein, Tenant shall survive any the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Telecommunication Systems Inc /Fa/)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, as hereinafter defined, Material to be generated, produced, brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, treated or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from or about the Property (by Tenant, its agents, employees, contractors, sublessees or invitees without the Buildingprior written consent of Landlord. Landlord shall be entitled to take into account such other factors or facts as Landlord may reasonably determine to be relevant to determining whether to grant or withhold consent to Tenant’s proposed activity with respect to Hazardous Material. In no event, if applicable)however, upon shall Landlord be required to consent to the expiration installation or sooner termination use of this Lease and any storage tanks on the Property. Tenant, at Tenant's its sole cost and expense, shall remediate in a manner satisfactory to Landlord any Hazardous Materials released on or from the Property by Tenant, its agents, employees, contractors, subtenants or invitees. Tenant shall complete and certify to disclosure statements as requested by Landlord from time to time relating to Tenant’s transportation, storage, use, generation, manufacture or release of Hazardous Materials on the Premises. As defined in any applicable laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought uponon the Premises by Tenant, storedits agents, usedemployees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or released into produced therefrom. As used in the Lease, the term “Hazardous Materials” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substance”, “hazardous wastes,” “hazardous material”, or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment during or the term health and safety of persons. Each of the covenants and agreements of Tenant set forth in this Paragraph shall survive the expiration or earlier termination of this Lease. To Notwithstanding anything contained herein to the fullest extent permitted by lawcontrary, ▇▇▇▇▇▇ Landlord hereby agrees to it will indemnify, defend, protect, save and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, Tenant from any and all claims, judgments, damages, penalties, fines, costsclaims, liabilities, loss, costs and losses that arise during expenses (including reasonable attorneys’ fees) incurred by or after the term directly or indirectly from the use, storage, disposal, release or presence asserted against Tenant arising out of (a) any Hazardous Materials on, in, existing on or about the Property that occurs during prior to Tenant’s occupancy of the term of this Lease. Tenant shall promptly notify Landlord of Premises, (b) any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by TenantLandlord, Tenant's agents or its agents, employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local lawcontractors, (iic) petroleum, and (iii) asbestosany breach by Landlord of its obligations hereunder. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease34.
Appears in 1 contract
Sources: Lease Agreement
Hazardous Materials. Neither (a) During the Term of this Lease, Tenant nor Tenant's agents shall comply with all Environmental Laws and Environmental Permits (each as defined in Section 23(i) below) applicable to the operation or employees use of the Premises, will cause all other persons occupying or using the Premises to comply with all such Environmental Laws and Environmental Permits, will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance, and will obtain and renew all Environmental Permits required for operation or use of the Premises.
(b) Tenant shall cause not generate, use, treat, store, handle, release or dispose of, or permit any the generation, use, treatment, storage, handling, release or disposal of Hazardous Material, Materials (as hereinafter defined, to be brought upon, stored, used, generated, released into defined in Section 23(i) hereof) on the environmentPremises, or disposed of on, in, underthe Project, or about transport or permit the Property, except reasonable quantities transportation of cleaning supplies and office supplies necessary Hazardous Materials to or from the Premises or the Project except (i) for limited quantities used or stored at the Premises and required in connection with the routine operation and maintenance of the Premises such as part of Tenant's business that are generatedoffice products and cleaning supplies, used, kept, stored, or disposed of and then only in a manner that complies compliance with all laws regulating applicable Environmental Laws, and (ii) as disclosed by ▇▇▇▇▇▇ in the Environmental Questionnaire attached as Exhibit I.
(c) At any such Hazardous Materials time and with good business practices. Tenant covenants from time to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment time during the term of this Lease. To , Landlord may perform an environmental site assessment report concerning the fullest extent Premises, prepared by an environmental consulting firm chosen by Landlord, indicating the presence or absence of Hazardous Materials caused or permitted by lawTenant and the potential cost of any compliance, removal or remedial action in connection with any such Hazardous Materials on the Premises. Tenant shall grant and hereby grants to Landlord and its agents access to the Premises and specifically grants Landlord an irrevocable non-exclusive license to undertake such an assessment. If such assessment report indicates the presence of Hazardous Materials caused or permitted by Tenant in violation of the terms of the Lease, then such report shall be at Tenant’s sole cost and expense, and the cost of such assessment shall be immediately due and payable by Tenant to Landlord within thirty (30) days of receipt of an invoice therefor.
(d) Tenant will promptly advise Landlord in writing of any of the following: (1) any pending or threatened Environmental Claim (as defined in Section 23(i) below) against Tenant relating to the Premises or the Project; (2) any condition or occurrence on the Premises or the Project that (a) results in noncompliance by Tenant with any applicable Environmental Law, or (b) could reasonably be anticipated to form the basis of an Environmental Claim against Tenant or Landlord or the Premises; (3) any condition or occurrence on the Premises or any property adjoining the Premises that could reasonably be anticipated to cause the Premises to be subject to any restrictions on the ownership, occupancy, use or transferability of the Premises under any Environmental Law; and (4) the actual or anticipated taking of any removal or remedial action by Tenant in response to the actual or alleged presence of any Hazardous Material on the Premises or the Project. All such notices shall describe in reasonable detail the nature of the claim, investigation, condition, occurrence or removal or remedial action and ▇▇▇▇▇▇ hereby agrees ▇’s response thereto. In addition, Tenant will provide Landlord with copies of all communications regarding the Premises with any governmental agency relating to indemnifyEnvironmental Laws, defend, protectall such communications with any person relating to Environmental Claims, and hold harmless such detailed reports of any such Environmental Claim as may reasonably be requested by Landlord.
(e) Tenant will not change or permit to be changed the present use of the Premises unless Tenant shall have notified Landlord thereof in writing and Landlord shall have determined, in its sole and absolute discretion, that such change will not result in the presence of Hazardous Materials on the Premises except for those described in Section 23(b) above.
(f) TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD AND INDEMNITEES (as defined in Section 8.c) FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES, PENALTIES, DAMAGES (INCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES), COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST SUCH LANDLORD AND INDEMNITEES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OR RESULTING FROM (A) THE ACTUAL OR REASONABLY ALLEGED PRESENCE OF HAZARDOUS MATERIALS ON THE PROJECT WHICH IS CAUSED OR PERMITTED BY TENANT OR A TENANT PARTY AND (B) ANY ENVIRONMENTAL CLAIM RELATING IN ANY WAY TO TENANT’S OPERATION OR USE OF THE PREMISES (THE “TENANT HAZARDOUS MATERIALS INDEMNIFIED MATTERS”). THE FOREGOING INDEMNITY SHALL NOT INCLUDE ANY HAZARDOUS MATERIALS THAT WERE LOCATED AT THE PREMISES OR THE PROJECT ON THE DELIVERY DATE, NOR ANY HAZARDOUS MATERIALS PLACED ON THE PREMISES OR PROJECT BY LANDLORD, ITS EMPLOYEES, AGENTS, OR CONTRACTORS. THE PROVISIONS OF THIS SECTION 23 SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS LEASE. ▇▇▇▇▇▇▇▇ AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE TENANT FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES, PENALTIES, DAMAGES (INCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES), COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST SUCH LANDLORD AND INDEMNITEES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OR RESULTING FROM THE ACTUAL OR REASONABLY ALLEGED PRESENCE OF HAZARDOUS MATERIALS ON THE PROJECT WHICH IS CAUSED OR PERMITTED BY LANDLORD OR LANDLORD’S EMPLOYEES, REPRESENTATIVES, AGENTS OR CONTRACTORS.
(g) To the extent that the undertaking in the preceding paragraphs may be unenforceable because it is violative of any law or public policy, Tenant will contribute the maximum portion that it is permitted to pay and satisfy under applicable Law to the payment and satisfaction of all Tenant Hazardous Materials Indemnified Matters incurred by Landlord and Indemnitees.
(h) All sums paid and costs incurred by Landlord with respect to any Hazardous Materials Indemnified Matter shall bear interest at the Default Rate from the date so paid or incurred until reimbursed by ▇'s managing agent▇▇▇▇▇, and their respective agents all such sums and employees, costs shall be immediately due and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasepayable on demand.
Appears in 1 contract
Sources: Sublease (Corcept Therapeutics Inc)
Hazardous Materials. Neither Except as otherwise provided herein, Tenant nor Tenant's agents shall keep or employees cause the Demised Premises to be kept free of Hazardous Materials (hereinafter defined). Without limiting the foregoing, Tenant shall not cause or permit any the Demised Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous MaterialMaterials in contravention to, or in amounts greater than permitted by, applicable law, nor shall Tenant cause or permit, as hereinafter defined, to be brought upon, stored, used, generated, released into a result of any intentional or unintentional act or omission on the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatedTenant or any person or entity claiming through or under Tenant or any of their employees, usedcontractors, keptagents, storedvisitors or licensees (collectively, “Related Parties”), a release of Hazardous Materials onto the Demised Premises or disposed of in a manner that complies onto any other property. Tenant shall comply with and ensure compliance by all Related Parties with all laws regulating applicable Federal, State and Local laws, ordinances, rules and regulations, whenever and by whomever triggered (including, without limitation, any such Hazardous Materials and with good business practices. Tenant covenants regular testing regimes required by law; which testing, Landlord shall have the option to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and perform at Tenant's ’s sole cost and expense), and shall obtain and comply with, and ensure that all Related Parties obtain and comply with, any and all approvals, registrations or permits required thereunder. Tenant shall (i) conduct and complete all investigations, studies, samplings, and testing, and all remedial removal and other actions necessary to clean up and remove such Hazardous Materials brought uponMaterials, storedon, used, generatedfrom, or released into affecting the environment during Demised Premises which were introduced by Tenant or Related Parties (a) in accordance with all applicable Federal, State and Local laws, ordinances, rules, regulations, policies, orders and directives, and (b) to the term reasonable satisfaction of this Lease. To the fullest extent permitted by lawLandlord, ▇▇▇▇▇▇ hereby agrees to indemnify, and (ii) defend, protectindemnify, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and its employees, agents, officers, members, partners, principals and their respective successors and assignsdirectors, from and against any and all claims, judgments, damagesdemands, penalties, fines, liabilities, settlements, damages, costs, liabilitiesor expenses of whatever kind or nature, and losses that arise during known or after unknown, contingent or otherwise, arising out of, or in any way related to, (a) the term directly or indirectly from the use, storagepresence, disposal, release, or threatened release of such Hazardous Materials which are on, from, or presence affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise through or on account of Tenant or Related Parties; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials through or on account of Tenant or Related Parties; (c) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials through or on account of Tenant or Related Parties; and/or (d) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Landlord, which are based upon or in any way related to such Hazardous Materials through or on account of Tenant or Related Parties, including, without limitation, reasonable attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. Tenant shall immediately notify Landlord in writing of any actual or threatened release of any Hazardous Materials on, in, in or about the Property that occurs during Demised Premises, including notification to Landlord if Tenant receives any notice or requests for inspection or information from any Federal, State or local official or agency which pertains to Hazardous Materials. Copies of all reports, notices, correspondence, and other documents received from or submitted to governmental authorities, and of all technical data, test results, expert opinions and other materials generated in connection with the term of contamination or other response or remedial activities, shall be provided to all parties to this Leaselease. In the event this lease is terminated, or Tenant is dispossessed, Tenant shall promptly notify deliver the Demised Premises to Landlord free of any and all Hazardous Materials so that the conditions of the Demised Premises shall conform with all applicable Federal, State and Local laws, ordinances, rules or regulations affecting the Demised Premises. In the event that Landlord has a good faith belief that there has been a release of Hazardous Materials infor which Tenant is responsible hereunder, onLandlord shall have the right to engage an environmental engineering or consulting firm to conduct an inspection of the Real Property and Demised Premises at Tenant’s sole cost and expense. Tenant shall reimburse Landlord for the reasonable cost of any such inspection as well as the actual, or about the Property that out-of-pocket cost of any clean-up and testing performed pursuant thereto with respect to Hazardous Materials for which Tenant or Tenant's agents or employees become aware of during the Term is responsible hereunder. For purposes of this Leaseparagraph, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous MaterialMaterials” includes, without limitation, any material flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or substance toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801 et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, State or Local environmental law, ordinance, rule, or regulation. Tenant specifically acknowledges and agrees that is it shall be and remain responsible for any Hazardous Materials existing at the Demised Premises as of the date hereof, as more particularly described in that certain environmental reports prepared by __________________, dated ___________. [NOTE: THIS SENTENCE SHALL BE DELETED IF INAPPLICABLE.]In no event shall Tenant be responsible or liable for Hazardous Materials introduced to the Demised Premises by Landlord, Landlord’s agents or contractors or any other tenants or occupants of any part of the Real Property (other than an assignee or subtenant of Tenant). Notwithstanding anything to the contrary contained herein, Tenant may, in the normal and customary operation of its business, maintain and use in the Demised Premises certain commercially reasonable amounts of the chemicals and other substances set forth on Exhibit “C” of this lease, as same may be updated from time to time by Tenant (with any such updates being subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed), provided that (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federalsuch materials and other substances are used and stored in compliance with all applicable laws, state, or local law, and (ii) petroleum, the indemnification obligations of Tenant set forth in this Paragraph 57 shall apply with full force and (iii) asbestoseffect thereto. The provisions Tenant’s obligations under this Paragraph 57 shall survive the expiration or earlier termination of the term of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leaselease.
Appears in 1 contract
Sources: Assignment and Assumption of Lease Agreement (Standard Microsystems Corp)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any Hazardous MaterialLessee covenants and agrees, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, to indemnify, protect and save Lessor harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses (including, without limitation, reasonable attorneys’ fees and experts’ reasonable fees) of any kind or of any nature whatsoever (collectively, the “Indemnified Matters”) which may at any time be imposed upon, incurred by or asserted or awarded against Lessor and arising from or out of any Hazardous Materials brought upon(as hereinafter defined) on, storedin, used, generatedunder or affecting all or any portion of the Premises which were proximately caused, or released into the environment created by, Lessee during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent’s use and/or occupancy of the Premises. As used herein, “Hazardous Materials” means petroleum products and their respective agents any other hazardous or toxic materials, wastes and employeessubstances which are defined, determined or identified as such in any Laws (as hereinafter defined) or materials which are required by any Laws to be encapsulated or removed from the Premises or any surrounding area. As used herein, “Laws” means any Federal, State or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) and their respective successors and assignsany judicial or administrative interpretation thereof, from including any judicial or administrative orders or judgments. Indemnified Matters shall include, without limitation, all of the following: (i) the costs of removal of any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses Hazardous Materials from all or any portion of the Premises or any surrounding areas (except that arise during the indemnity provided for under this paragraph shall not cover the costs of such removal unless either (a) such removal is required by any Laws or after the term directly (b) any present or indirectly from the future use, storageoperation, disposaldevelopment, construction, alteration or reconstruction of all or any portion of the Premises is or would be conditioned in any way upon, or is or would be limited in any way until the completion of, such removal in accordance with any Laws), (i) additional costs required to take necessary precautions to protect against the release or presence of Hazardous Materials on, in, under or about affecting the Property that occurs during Premises into the term air, any body of water, any other public domain or any surrounding areas and (ii) costs incurred to bring the Premises and any surrounding areas into compliance with all applicable Laws with respect to Hazardous Materials. All removal work referred to above, all work and other actions to take precautions against release referred to above and all work and other actions performed in order to comply with Laws referred to above are herein collectively referred to as “Corrective Work.” Lessor’s rights under this Section 47 shall be in addition to all other rights of Lessor under this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about Notwithstanding anything to the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used contrary contained herein, the term “indemnity provided for under this Section 47 with respect to surrounding areas shall not extend to the cost of Corrective Work on, in, under or affecting any surrounding areas, if the applicable Hazardous Material” means Materials did not originate from any hazardous portion of the Premises, unless the removal of any Hazardous Materials on, in, under or toxic substanceaffecting any surrounding areas is required by Law or by order or directive of any Federal, material, State or waste that is or becomes regulated by any local governmental authorityauthority in connection with the Corrective Work on, in, under or affecting any portion of the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeasePremises.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any (A) No Hazardous MaterialMaterials, as hereinafter defineddefined herein, to shall be brought Handled, as also defined herein, upon, storedabout, usedabove or beneath the Premises or any portion of the Building by or on behalf of Tenant, generated, released into the environmentits subtenants or its assignees, or disposed of ontheir respective contractors, inclients, underofficers, directors, employees, agents, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any invitees. Any such Hazardous Materials so Handled shall be known as Tenant’s Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant’s Hazardous Materials customarily used in the conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Premises without Landlord’s prior written consent. Tenant’s Hazardous Materials shall be Handled at all times in compliance with good business practices. the manufacturer’s instructions therefore and all applicable Environmental Laws, as defined herein.
(B) Notwithstanding the obligation of Tenant covenants to remove from the Property (or the Buildingindemnify Landlord pursuant to this Lease, if applicable)Tenant shall, upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, promptly take all actions required by any and all Regulatory Authority, as defined herein, or necessary for Landlord to make full economic use of the Premises or any portion of the Building, which requirements or necessity arises from the Handling of Tenant’s Hazardous Materials brought upon, storedabout, usedabove or beneath the Premises or any portion of the Building. Such actions shall include, generatedbut not be limited to, the investigation of the environmental condition of the Premises or released into any portion of the environment during Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises or any portion of the Building to the condition existing prior to the introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Premises or any portion of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby Building.
(C) Tenant agrees to indemnifyexecute affidavits, defend, protectrepresentations, and hold harmless the like from time to time at Landlord, ▇▇▇▇▇▇▇▇'s managing agent, ’s request stating Tenant’s best knowledge and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after belief regarding the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about on the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeasePremises.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor 16.01 Landlord warrants and represents to Tenant's agents or employees shall cause or permit any Hazardous Material, as hereinafter definedthat, to the best of Landlord’s knowledge and after reasonable inquiry, the Premises and Landlord’s Improvements will be brought uponin compliance with all applicable environmental laws, storedrules, usedrequirements, generatedorders, released into directives, ordinances and regulations of the environmentUnited States of America or any state, city or municipal government or lawful authority having jurisdiction or affecting the Premises (collectively “Environmental Laws”) and that none of the insulation materials or any other materials within the Premises are or contain asbestos, or disposed of onany other known Regulated Material as defined below. Except as set forth in Sections 16.03 and 16.05, inLandlord shall, underat its expense, or about the Property, except reasonable quantities of cleaning supplies and office supplies take all action necessary to or required as part of Tenant's business ensure that are generated, used, kept, stored, or disposed of in a manner that the Facility complies with all Environmental Laws and that the Facility is, and remains at all times, safe for use and occupancy.
16.02 Except as set forth in Sections 16.03 and 16.05, Landlord shall defend, indemnify and save Tenant, its officers, directors, agents and employees, harmless from and against all claims, obligations, demands, actions, proceedings and judgments, loss, damage, liability and expense (including reasonable attorneys’ fees and expenses) which any one or more of them may sustain in connection with any non-compliance with any environmental condition affecting the Facility resulting from violation of environmental laws regulating any such Hazardous Materials which are not caused by or resulting from Tenant’s use and with good business practicesoccupancy of the Premises or Facility. This indemnity shall not apply to Landlord’s Mortgagee, successors-in-interest to Mortgagee or anyone acquiring the Premises through Landlord’s Mortgagee.
16.03 Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and shall at Tenant's sole ’s own cost and expense, any timely comply with all applicable, rules, requirements, orders, directives, ordinances and all Hazardous Materials brought uponregulations arising from Tenant’s use and occupancy of the Premises, storedincluding but not limited to the Environmental Laws, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to and shall indemnify, defend, protect, save and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agentits directors, and their respective officers, agents and employees, employees from and their respective successors and assigns, from against any and all claims, judgmentsdemands, damages, penalties, fines, costs, liabilities, losses and losses that arise during liabilities (including reasonable attorneys’ fees) resulting from any violation of the Environmental Laws when caused by or after results from Tenant’s use and occupancy of the term directly Premises.
16.04 The provisions of this Article 16 shall survive the expiration or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term earlier termination of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about .
A. The following terms and conditions regarding environmental matters and the Property that Tenant or Tenant's agents or employees become aware of during Premises are included in this Lease:
(1) For the Term purpose of this Lease, whether caused by Tenantthe phrase “Regulated Materials” shall include, Tenant's agents but shall not be limited to, those materials or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) substances defined as a “hazardous substances”, “hazardous materials”, “hazardous waste,” ”, “extremely hazardous waste,” toxic substances”, “restricted hazardous waste,” “hazardous substance,” “hazardous material,toxic pollutant” or other similar designations under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801, et seq., or regulations promulgated pursuant thereto (herein “wasteEnvironmental Laws”). “Tenant’s Regulated Materials” under shall mean those Regulated Materials, brought onto, created, stored at, handled, or generated at the Premises by or on behalf of Tenant, its agents, employees, contractors (other than Landlord), subtenants, assignees, suppliers or other invitees. “Landlord’s Regulated Materials” shall mean all other “Regulated Materials” including those brought onto, created, stored at, handled or generated at the Premises by Landlord, its agents, employees, contractors, subtenants, assignees, suppliers or other invitees. Also the phrase “Governmental Agency or Agencies” means any federal, state, local or local lawforeign government, (ii) petroleumpolitical subdivision, and (iii) asbestos. The provisions court, agency or other entity, body, organization or group exercising any executive, legislative, judicial, quasi-judicial, regulatory or administrative function of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasegovernment.
Appears in 1 contract
Sources: Lease (SoftBrands, Inc.)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, Material (as hereinafter defined, ) to be brought upon, stored, used, generated, released into the environment, kept or disposed of on, in, under, used in or about the PropertyPremises by Tenant, except reasonable quantities its agents, employees, contractors or invitees, without the prior written consent of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, which consent may be granted or withheld at ▇▇▇▇▇▇▇▇'s managing agent’s sole discretion. For the purpose of this Lease, “Hazardous Material” shall include oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste (with the exception of waste typically found in a dental practice), or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” as such terms are defined in the Resource Conservation and Recovery Act and the Comprehensive Environment Response, Compensation and Liability Act, and their respective agents in any other law, ordinance, rule, regulation or order promulgated by the federal or state government, or any other governmental entity having jurisdiction over The Falls Office Park or the parties to this Lease. If Tenant breaches the obligations set forth in this paragraph, or if the presence of Hazardous Material in the Premises or at The Falls Office Park caused or permitted by Tenant (whether or not Landlord has given its consent to the presence of such Hazardous Material in the Premises) results in contamination of the Premises or any other part of The Falls Office Park, or if contamination of The Falls Office Park by Hazardous Material otherwise occurs for which Tenant is legally liable, the Tenant shall indemnify, defend and employees, and their respective successors and assigns, hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilitiesliabilities or losses, including, without limitation, diminution in value of The Falls Office Park, damages for the loss or restriction on use of rentable space or floor in or of any amenity of The Falls Office Park, damages arising from any adverse impact on leasing space in The Falls Office Park, sums paid in settlement of claims, and losses that any attorney’s fees, consultant fees and expert fees which arise during or after the term directly of this Lease as a result of such contamination. This indemnification of Landlord by Tenant shall survive expiration or indirectly from termination of this Lease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because of Hazardous Material present in, on or under the usePremises. Without limiting the foregoing, storage, disposal, release or if the presence of any Hazardous Materials onMaterial caused or permitted by Tenant or its agents, inemployees, contractors or about invitees, results in any contamination of The Falls Office Park, Tenant shall promptly take all actions, at its sole expense, as are necessary to return The Falls Office Park to the Property condition existing prior to the introduction of any such Hazardous Material; provided that occurs during the Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term of this Leaseor short-term effects on The Falls Office Park. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasesuch contamination.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents
22.1 Lessor has furnished or employees shall cause made available to Lessee copies of any and all reports Lessor has in its possession or permit has obtained in connection with the presence of Hazardous Materials on the Premises.
22.2 Except as specifically permitted under Sections 22.8, 22.9, or 22.10 of this Lease, Lessee will not, and Lessee must ensure that Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Lessee during the Term will not bring, generate or otherwise use, handle, treat, store, sell, dispose of, discharge or release any Hazardous MaterialMaterial upon, about, beneath or from the Premises, except for limited quantities of standard office, personal care, and janitorial supplies containing chemicals categorized as hereinafter definedHazardous Materials brought, to be brought upongenerated or otherwise used, handled, treated, stored, usedsold, generateddisposed of, discharged and released into in compliance with Applicable Laws and Requirements. All Hazardous Materials-related activities undertaken by Lessee, Affiliates, Agents, employees, guests, invitees, visitors, Occupants and other persons or entities under the environment, or disposed control of on, in, under, or about Lessee during the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies Term must comply with all laws regulating any such Applicable Laws and Requirements. Lessee will not, and Lessee must ensure that Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Lessee during the Term will not, permit Hazardous Materials and to be commingled with good business practices. Tenant covenants to remove from the Property (or the BuildingHazardous Materials of Lessor, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Leaseany. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnifybe responsible for timely acquisition of any permit(s) required for its Hazardous Materials-related activities, defend, protectif any, and hold harmless Landlordmust provide to Lessor, ▇▇▇▇▇▇▇▇'s managing agentupon request, inventories of all such Hazardous Materials and any supporting documentation, including but not limited to material safety data sheets, uniform waste manifest forms, and their respective agents any other pertinent permits.
(a) If either Party becomes aware of, or reasonably suspects, or receives notice or other communication concerning (i) any actual, alleged or threatened violation of any Applicable Laws and Requirements (A) by Lessee, Affiliates, Agents, employees, guests, visitors, invitees, Occupants and their respective successors other persons or entities under the control of Lessee during the Term and assignsin connection with, or affecting, the Premises, or (B) from past or present activities of any person in connection with the Premises, or (ii) any liability of Lessee, Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Lessee during the Term for Environmental Damages in connection with, or affecting, the Premises, then such Party must immediately deliver to the other Party a written description of such alleged violation or liability together with copies of any documents evidencing same. Receipt of such notice will not be deemed to create any obligation on the part of Lessor to defend or otherwise respond to any such notification.
(b) Each Party must immediately advise the other in writing if at any time (i) it receives written notice of any and all claimsenforcement, judgmentscleanup, damagesremoval or other governmental or regulatory actions instituted, penaltiescompleted or threatened against that Party or the Premises pursuant to any Applicable Laws and Requirements relating to any Hazardous Materials or Preexisting Hazardous Materials (“Hazardous Materials Law”); (ii) it receives any claim made or threatened by any third party against that Party or the Premises relating to damage, finescontribution, costscost recovery compensation, liabilitiesloss or injury resulting from any Hazardous Materials or Preexisting Hazardous Materials (the matters set forth in clauses (i) and (ii) above are referred to as “Hazardous Materials Claims”); (iii) it discovers or becomes aware of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that is subject to any restrictions on the ownership, and losses that arise during occupancy, transferability or after use of the term directly Premises under any Hazardous Materials Law; or indirectly from (iv) it discovers the use, storage, disposal, release or presence of Preexisting Hazardous Materials on, inunder, or about adjacent to the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeasePremises.
Appears in 1 contract
Sources: Lease Agreement
Hazardous Materials. Neither Tenant nor Tenant's agents (a) Crown shall not (either with or employees shall without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of Materials in a any manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted not sanctioned by law. In all events, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, Crown shall indemnify and hold Grantor harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, damages, fines, judgments, damages, penalties, fines, costs, liabilitiesliabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys’ fees, and losses that arise during consultants’ and experts’ fees) from the presence or after release of any Hazardous Materials on the term directly Easement Area if caused by Crown or indirectly persons acting under Crown. Crown shall execute such affidavits, representations and the like from time to time as Grantor may reasonably request concerning Crown’s best knowledge and belief as to the presence of Hazardous Materials within the Easement Area.
(b) Grantor shall not (either with or without negligence) cause or permit the use, storage, disposalgeneration, escape, disposal or release of any Hazardous Materials in any manner not sanctioned by law. In all events, Grantor shall indemnify and hold Crown harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys’ fees, and consultants’ and experts’ fees) from the presence or release of any Hazardous Materials on Grantor’s Property unless caused by Crown or persons acting under Crown. Grantor shall execute such affidavits, representations and the like from time to time as Crown may reasonably request concerning Grantor’s best knowledge and belief as to the presence of Hazardous Materials on, in, or about the Property that occurs during the term on Grantor’s Property.
(c) For purposes of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used hereinEasement, the term “Hazardous MaterialMaterials” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that which is (i) defined designated, defined, classified or regulated as a “hazardous substance, hazardous material, hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” , pollutant or “waste” contaminant under any federalEnvironmental Law, state, as currently in effect or local lawas hereafter amended or enacted, (ii) petroleuma petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) asbestos. The provisions of this Section 20PCBs, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.(iv) lead,
Appears in 1 contract
Sources: Easement Agreement
Hazardous Materials. Neither As used in this Lease, “Hazardous Materials” shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or other similar designations in any Regulation. Tenant nor shall not cause, or allow any of Tenant's agents or employees shall cause or permit ’s Parties to cause, any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, generated, released into the environment, stored or disposed of on, in, under, on or about the PropertyPremises, except reasonable quantities the Building or the Project or surrounding land or environment in violation of cleaning supplies any Regulations. Notwithstanding the foregoing, Tenant may handle, store, use, and office supplies necessary to or required as part dispose of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials in a safe and with good business practices. Tenant covenants lawful manner and never allow such Hazardous Materials to remove from contaminate the Property (Premises, Building, or Project or the BuildingProject of which Tenant becomes aware, if applicablewhether or not caused by Tenant. Except to the extent covered by Landlord’s indemnification obligations pursuant to Paragraph 8B(6), upon Tenant shall indemnify, defend, protect and hold Landlord harmless from and against all liabilities, losses, costs and expenses (including attorney’s and consultant’s fees), demands against all liabilities, losses, costs and expenses (including attorneys’ and consultants’ fees), demands, causes of action, claims or judgments directly or indirectly arising out of the use, generation, storage, release, or disposal of Hazardous Materials by Tenant or any of tenant’s Parties in, on or about the Premises, the Building or the Project or surrounding land or environment, which indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to the environment Or natural resources occurring on or off Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of any investigation, monitoring, government oversight, repair, removal, remediation restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or sooner earlier termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To Neither the fullest extent permitted consent by lawLandlord to the use, ▇▇▇▇▇▇ hereby generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of indemnification pursuant to this Paragraph 4.D. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease. Tenant agrees to indemnifyprovide Landlord with the following (i) a Hazardous Materials Management Plan (“HMMP”) which includes the types and quantities of’ Hazardous Materials used and/or stored on the Premises, defend, protect, and; (ii) copies of tiny other documents related to Hazardous Materials submitted to the City of Hayward or any other regulatory agencies. Landlord shall indemnify defend and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and Tenant its affiliates their respective directors. officers employees and agents harmless from and employees, and their respective successors and assigns, from against any and all claims, judgments, damages, penalties, fines, costs, liabilities, judgements damages penalties fines costs liabilities or losses and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence attorneys fees arising out of any Hazardous Materials on, in, Material in on or about the Property Project or the Premises which was created handled placed stored used. transported of disposed of by Landlord. excluding however, any Hazardous Material whose presence was caused by Tenant or its affiliates or their respective agents. Landlord represents and warrants that occurs during the term attached Compliance and Closure report dated March 14, 1996 (Exhibit C) is the most recent report obtained by Landlord concerning Hazardous Materials with respect to the Project To the best of this Lease. Tenant shall promptly notify Landlord’s knowledge, Landlord is unaware of any release presence of any Hazardous Materials in, on, or about on the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste Project that is or becomes regulated by any local governmental authority, the state in violation of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leaseapplicable laws.
Appears in 1 contract
Sources: Landlord Consent to Assignment and Assumption of Lease (Kosan Biosciences Inc)
Hazardous Materials. Neither Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this Lease), Tenant nor Tenant's agents or employees shall agrees not to cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, handled, generated, released into the environment, or disposed of on, in, under, under or about the PropertyPremises, except reasonable quantities the Building, the Common Areas or any other portion of cleaning supplies the Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and office supplies necessary absolute discretion. Upon the expiration or earlier termination of this Lease, ▇▇▇▇▇▇ agrees to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to promptly remove from the Property (or Premises, the BuildingBuilding and the Project, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated, generated or released into upon, in, under or about the environment during Premises, the term Building and/or the Project or any portion thereof by Tenant or any of this LeaseTenant’s Parties. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord’s partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, and their respective agents and directors, employees, and their respective agents, successors and assignsassigns (collectively, “Landlord Indemnified Parties”) from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, liabilitiessums paid in settlement of claims, attorneys’ fees, consultant fees and losses that expert fees and court costs) which arise during or after the term directly or indirectly result from the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about the Property that occurs during Premises, the term Building or any other portion of this Leasethe Project and which are caused or permitted by Tenant or any of Tenant’s Parties. Tenant shall ▇▇▇▇▇▇ agrees to promptly notify Landlord of any release of Hazardous Materials inin the Premises, on, the Building or about any other portion of the Property that Project which Tenant or Tenant's agents or employees become becomes aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant’s Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and ▇▇▇▇▇▇▇▇’s mortgagee(s). At all times during the Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to Inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials. As used hereinin this Lease, the term “Hazardous MaterialMaterials” means shall mean and include any hazardous or toxic substancematerials, materialsubstances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or waste that is ruling of any agency of the State, the United States Government or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includesincluding, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federalasbestos, state, or local law, (ii) petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls (iii) asbestos“PCBs”), and freon and other chlorofluorocarbons. Tenant shall give Landlord written notice of any evidence of Mold, water leaks or water infiltration in the Premises and/or within the Project, promptly upon discovery of same. At its expense, Tenant shall investigate, clean up and remediate any Mold in the Premises resulting from any acts or omissions of Tenant and/or any of Tenant’s Parties. Investigation, clean up and remediation may be performed only after Tenant has ▇▇▇▇▇▇▇▇’s written approval of a plan for such remediation. All clean up and remediation shall be done in compliance with all applicable Laws and to the reasonable satisfaction of Landlord. As used in this Lease, “Mold” means mold, fungi, spores, microbialmatter, mycotoxins and microbiological organic compounds. The provisions of this Section 20, including, without limitation, 6.6 will survive the indemnification provisions set forth herein, shall survive any expiration or earlier termination of this Lease.
Appears in 1 contract
Hazardous Materials. Neither (a) Tenant nor Tenant's agents agrees that it will not release, discharge, place, hold, or employees shall cause dispose of any Hazardous Material (as hereinafter defined) on, under or permit at the Premises, in the Building, or on the Land, and that it will not use the Premises, the Building, the Land, or any other portion thereof as a site for the treatment, storage, or disposal (whether permanent or temporary) of any Hazardous Material, as hereinafter defined, other than materials used in the ordinary course of the business of Tenant in accordance with all Applicable Laws. Tenant further agrees that it will not cause or allow any asbestos to be brought uponincorporated into any improvements or alterations which Tenant makes or causes to be made to the Premises, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ .
(b) Tenant hereby agrees to indemnify, defend, protect, defend (with counsel reasonably approved by Landlord) and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, Landlord of from and their respective agents and employees, and their respective successors and assigns, from against any and all claimslosses, judgmentsliabilities, damages, penaltiesinjuries, costs, fines, costspenalties, liabilitiesexpenses and claims of any and every kind whatsoever (including without limitation, expert and losses that arise during consultant fees, court costs and attorneys' fees at all tribunal levels) which at any time or after the term directly from time to time may be paid, incurred or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, insuffered by, or about asserted against Landlord for, with respect to, or as a direct or indirect result of (i) any breach by Tenant of the Property that occurs during the term provisions of this Lease. Paragraph, or (ii) the acts or omissions of Tenant shall promptly notify Landlord or any agent, employee, invitee, licensee, or independent contractor of Tenant resulting in or contributing to, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, or release from, onto, or into the Premises, the Building, the Land, the atmosphere, or any watercourse, body of water, or groundwater, of any release Hazardous Material or (iii) the violation of Hazardous Materials inany applicable law including, onwithout limitation, any third party claim or about claims for contribution or cost recovery under applicable laws or common law. The provisions of and undertakings and indemnification set forth in this paragraph shall survive the Property that Tenant termination or Tenant's agents or employees become aware of during the Term expiration of this Lease, whether caused by for any reason, and shall continue to be the liability, obligation and indemnification of Tenant, Tenant's agents or employeesbinding upon Tenant forever. The provisions of the preceding sentence shall govern and control over any inconsistent provision of this Lease.
(c) For purposes of this Lease, or any other persons or entities. As used herein, the term “"Hazardous Material” " means and includes any radioactive, hazardous or toxic substance, pollutant, contaminant, effluent, gas, petroleum product or medical product or waste defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called "Superfund" or "Superlien", law, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any radioactive, hazardous, toxic or dangerous waste, substance or material, as now or waste that is at any time hereafter in effect, or becomes regulated by any local governmental authorityother hazardous, toxic or dangerous, waste, substance or material, gas or petroleum product, and "Applicable Laws" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called "Superfund" or "Superlien", law, the state of OregonToxic Substances Control Act, as amended, or the United States government. The term “Hazardous Material” includesany other Federal, without limitationstate or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any material radioactive, hazardous, toxic or dangerous waste, substance that is (i) defined or material, as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” now or “waste” under at any federal, statetime hereafter in effect, or local lawany other hazardous, (ii) petroleumtoxic or dangerous, and (iii) asbestos. The provisions of this Section 20waste, includingsubstance or material, without limitationgas, the indemnification provisions set forth hereinpetroleum product, shall survive any termination of this Leasemedical product or waste.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any Hazardous MaterialLessee covenants and agrees, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, to indemnify, protect and save Lessor harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses (including without limitation, attorneys' and experts' reasonable fees and disbursements) of any kind or of any nature whatsoever (collectively, the "Indemnified Matters") which may at any time be imposed upon, incurred by or asserted or awarded against Lessor and arising from or out of any Hazardous Materials (as hereinafter defined) on, in, under or affecting all or any portion of the demised premises. As used herein, "Hazardous Materials" means petroleum products and any other hazardous or toxic materials, wastes and substances which are defined, determined or identified as such in any Laws (as hereinafter defined) or materials which are required by any Laws to be encapsulated or removed from the demised premises or any surrounding area. As used herein, "Laws" means any Federal, State or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) and any judicial or administrative interpretation thereof, including any judicial or administrative orders or judgments. Indemnified Matters shall include, without limitation, all of the following: (i) the costs of removal of any and all Hazardous Materials brought from all or any portion of the demised premises or any surrounding areas (except that the indemnity provided for under this paragraph shall not cover the costs of such removal unless either (a) such removal is required by any Laws or (b) any present or future use, operation, development, construction, alteration or reconstruction of all or any portion of the demised premises is or would be conditioned in any way upon, storedor is or would be limited in any way until the completion of, usedsuch removal in accordance with any Laws), generated, or released into (ii) additional costs required to take necessary precautions to protect against the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about affecting the Property that occurs during demised premises into the term air, any body of this Lease. Tenant shall promptly notify Landlord of water, any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, other public domain or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, surrounding areas and (iii) asbestoscosts incurred to bring the demised premises and any surrounding areas into compliance with all applicable Laws with respect to Hazardous Materials. The provisions All removal work referred to in clause (i) above, all work and other actions to take precautions against release referred to in clause (ii) above and all work and other actions performed in order to comply with Laws referred to in clause (iii) above are herein collectively referred to as "Corrective Work." Lessor's rights under this paragraph 47 shall be in addition to all other rights of Lessor under this Section 20, including, without limitationlease. Notwithstanding anything to the contrary contained herein, the indemnification provisions set forth hereinindemnity provided for under this paragraph 47 with respect to surrounding areas shall not extend to the cost of Corrective Work on, shall survive in, under or affecting any termination surrounding areas, if the applicable Hazardous Materials did not originate from any portion of this Leasethe demised premises, unless the removal of any Hazardous Materials on, in under or affecting any surrounding areas is required by Law or by order or directive of any Federal, State or local governmental authority in connection with the Corrective Work on, in, under or affecting any portion of the demised premises.
Appears in 1 contract
Sources: Lease Addendum (Satx Inc)
Hazardous Materials. Neither Except as provided below, Tenant nor Tenant's agents or employees shall agrees not to cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, handled, generated, released into the environment, or disposed of on, in, under, under or about the PropertyPremises, except reasonable quantities of cleaning supplies and office supplies necessary to the Building, the Development, the Industrial Park or required as part of any portion thereof by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "Tenant's business that are generatedParties"), usedwithout the prior written consent of Landlord, keptwhich consent Landlord shall not unreasonably withhold (subject to the terms and conditions of this Lease). Upon the expiration or earlier termination of this Lease, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants agrees to promptly remove from the Property (or the BuildingPremises, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated, generated or released into upon, in, under or about the environment during Premises, the term Building, the Development, the Industrial Park or any portion thereof by Tenant or any of this LeaseTenant's Parties. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby Tenant agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord's partners, ▇▇▇▇▇▇▇▇'s managing agentofficers, and their respective agents and directors, employees, and their respective agents, successors and assignsassigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, liabilitiessums paid in settlement of claims, attorneys' fees, consultant fees and losses that expert fees and court costs) which arise during or after the term directly or indirectly result from the use, storage, disposal, release or presence of Hazardous Materials on, in, under or about the Property that occurs during Premises, the term Building or the Development or any other portion of this Leasethe Industrial Park and which are caused or permitted by Tenant or any of Tenant's Parties. Tenant shall agrees to promptly notify Landlord of any release of Hazardous Materials inat the Premises, on, or about the Property that which Tenant or Tenant's agents or employees become becomes aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems reasonably necessary or appropriate to remediate such release and prevent any similar future release to the reasonable satisfaction of Landlord and Landlord's mortgagee(s). As used hereinin this Lease, the term “"Hazardous Material” means Materials" shall mean and include any hazardous or toxic substancematerials, materialsubstances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or waste that is ruling of any agency of the State, the United States Government or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and Freon and other chlorofluorocarbons. Notwithstanding the indemnification foregoing, Tenant may, without Landlord's prior consent, but in compliance with all Applicable Laws, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of Tenant's use of the Premises as permitted hereunder provided that Tenant's handling, storage, use and disposal procedures are in compliance with all Applicable Laws and the CC&Rs and so long as each such use does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. Landlord shall have the right upon the expiration or earlier termination of the Term of this Lease, to cause, at Landlord's cost (except as provided below), a duly qualified and licensed environmental consultant to conduct an environmental audit of the Premises. The identity of the consultant and the scope and detail of the audit shall be subject to Landlord's reasonable discretion. Landlord shall provide Tenant with a copy of such audit or report promptly after the same becomes available. If the audit recommends additional testing, then Tenant shall conduct such tests at its expense. If the audit and/or tests reveal the presence of Hazardous Materials at, on or under the Premises attributable to Tenant's activities at the Premises, then Tenant shall reimburse Landlord for the cost of such audit and shall remediate and mitigate the same, at its expense, as necessary to obtain a final "no further action" letter (or equivalent) from all governmental agencies having jurisdiction. In addition, if at any time during the Term Tenant is required to file reports or manifests concerning its use of Hazardous Materials at the Premises or concerning Hazardous Materials contamination or remediation, then Tenant shall concurrently provide Landlord with a copy of the same. Landlord represents and warrants that, as of the Date of this Lease, to Landlord's actual knowledge, except as disclosed in writing to Tenant, there are no Hazardous Materials located on or under the Premises, the Building or the Development. For purposes of this Lease, "Landlord's actual knowledge" means the actual knowledge of ▇▇▇▇▇▇▇ ▇▇▇▇ and/or ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, without duty of investigation. The provisions set forth herein, shall of this subparagraph 8(c) will survive any the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Lease (Axsys Technologies Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not allow, cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kepttreated, storedreleased, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, 3D printing supplies) in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a manner “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that complies requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term “inaction” as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenant’s use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlord’s Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable attorneys’, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenant’s Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlord’s Representative (including but not limited to, reasonable attorneys’, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlord’s Representative. Tenant shall: (i) give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which ▇▇▇▇▇▇ has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all laws regulating Environmental Laws and only after ▇▇▇▇▇▇ has obtained Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and (ii) promptly deliver to Landlord copies of any such material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and with good business practicesthe Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to remove from the Property (or the Buildingpromptly investigate, if applicable)clean up and otherwise remediate, upon the expiration or sooner termination of this Lease and at Tenant's ’s sole cost and expense, any and all spill, release or discharge of Hazardous Materials brought uponat or about the Premises, storedthe Building and/or the Land to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, used, generated, or released into clean up and remediation shall be performed in accordance with applicable Environmental Laws and to the environment during the term reasonable satisfaction of this Lease. To the fullest extent permitted by law, Landlord and only after ▇▇▇▇▇▇ hereby agrees has obtained Landlord’s written consent, such consent not to indemnifybe unreasonably withheld, defendconditioned or delayed. Upon any Environmental Default, protectin addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and hold harmless approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by ▇▇▇▇▇▇ is pending or threatened, then, subject to Tenant’s right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlord’s written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon ▇▇▇▇▇▇▇▇'s managing agent’s written request, ▇▇▇▇▇▇ shall execute from time to time affidavits, representations and their respective agents similar documents concerning ▇▇▇▇▇▇’s knowledge and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after belief regarding the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials onat or in the Premises. Landlord shall have the right but not the obligation, in, or about the Property that occurs at all reasonable times during the term of this Lease. Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about is in compliance with the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20Article, includingand to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, without limitationinvestigations or sampling, Landlord shall use diligent efforts to minimize any interference with ▇▇▇▇▇▇’s use of or access to the indemnification provisions set forth hereinPremises. The cost of any such inspections, tests and investigations shall survive be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any termination such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup, or removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlord’s Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with ▇▇▇▇▇▇’s use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (PTC Inc.)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or knowingly permit the storage, use, generation, release, handling or disposal (collectively, “Handling”) of any Hazardous Material, Materials (as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of ondefined below), in, underon, or about the PropertyPremises or the Real Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, “Tenant Parties”), except reasonable that Tenant shall be permitted to use normal quantities of cleaning supplies and office supplies necessary or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities (“Common Office Chemicals”), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to or required as part the contrary contained herein, however, in no event shall Tenant permit any usage of Tenant's business that are generated, used, kept, stored, or disposed of Common Office Chemicals in a manner that complies with all laws regulating may cause the Premises or the Real Property to be contaminated by any such Hazardous Materials and with good business practicesor in violation of any Hazardous Materials Laws. Tenant covenants to remove from the Property shall immediately advise Landlord in writing of (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials brought uponLaws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened in writing by any third party against Tenant, storedLandlord, usedthe Premises or the Real Property relating to damage, generatedcontribution, cost recovery, compensation, loss, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, injury resulting from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, on or about the Property that occurs during the term of this LeasePremises. Without Landlord’s prior written consent, Tenant shall promptly notify Landlord not take any remedial action or enter into any agreements or settlements in response to the presence of any release of Hazardous Materials in, on, or about the Property that Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employeesin connection with, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is otherwise relating to (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.Handling of
Appears in 1 contract
Sources: Office Lease (New Relic Inc)
Hazardous Materials. Neither Tenant, on behalf of Tenant nor or Tenant's agents ’s agents, employees or employees contractors, shall not (either with or without negligence) cause or permit (i) the spill, discharge, escape, disposal or release of any Hazardous Materialhazardous or toxic substances, as hereinafter definedwastes or materials at or about the Premises, or (ii) the treatment, storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, or (iii) to be brought upon, stored, used, generated, released into onto the environment, Premises any such materials or disposed of on, in, under, or about substances except in limited quantities to use in the Property, except reasonable quantities of cleaning supplies ordinary and office supplies necessary to or required as part lawful course of Tenant's business that are generated’s business, usedand then only after written notice is given to Landlord of the identity, keptquantity and location of such substances or materials or wastes derives therefrom (collectively, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property clauses (or the Building, if applicablei), (ii) and (iii) called “Environmental Violations”. Without limitation, hazardous substances and materials shall include those described in or meeting the criteria of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., and any applicable state or local environmental laws and the regulations adopted under these acts (“Environmental Laws”). If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any Environmental Violations caused by Tenant or Tenant’s agents, employees or contractors, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord within ten (10) days following Landlord’s supporting statements therefor, as additional rent if such requirement applies to the Premises or to Tenant. In addition, Tenant shall execute reasonable affidavits, representations and the like from time to time within ten (10) days after Landlord’s written request concerning Tenant’s best knowledge and belief regarding the presence of Environmental Violations on the Premises. In the event Tenant causes any Environmental Violations under this Lease, in addition to all other rights and remedies of Landlord under this Lease, regardless of when the existence of the violation is determined, whether during the Term or after the Lease has expired or been terminated, Tenant shall immediately upon the expiration or sooner termination of this Lease and notice from Landlord, at Landlord’s option, either (A) at Tenant's ’s sole cost and expense, diligently and expeditiously undertake, with respect to any violation of this Article, (1) elimination of any Tenant’s violation of Environmental Law, (2) complete remedial investigations, feasibility studies, remedial actions (which actions may, at the Landlord’s option, include removal and disposal of any Environmental Violations) and restoration of the Land to the condition existing prior to such investigative or remedial activities, all Hazardous Materials brought upon, stored, used, generatedin accordance with Environmental Laws, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and (B) reimburse Landlord for all claims, judgments, damages, penalties, fines, reasonable costs, liabilitiesfees and expenses, and losses that arise during or after the term directly or indirectly from the useincluding reasonable attorneys’ fees, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify incurred by Landlord of in undertaking any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether actions to cure Environmental Violations caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, Tenant referred to in the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, foregoing clauses A.1 and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.A.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents (for itself and its employees, agents, successors and assigns) covenants, promises and agrees that it will not use, manufacturer, store, treat, transport, refine, handle, produce or employees shall cause or permit dispose of any Hazardous MaterialMaterials in, as hereinafter definedat, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, upon or about the Property, from Demised Premises; except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies all events in strict compliance with all laws regulating any such Hazardous Materials applicable governmental laws, ordinances, regulations and with good business practicesrequirements. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease for itself and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and its employees, and their respective agents, successors and assigns) further covenants, promises and agrees that it will not discharge, deposit, inject, dump, leak, spill, place or allow escape of any Hazardous Materials in, at, on under, upon or from Demised Premises, or into the sewer system serving the Demised Premises. Tenant agrees to and shall indemnify, defend and hold Landlord harmless from and against any and all claims, judgmentsdemands, liabilities, damages, penaltiessuits, actions, judgments, fines, costspenalties, liabilitieslosses, removal and/or remedial costs and/or charges, costs and losses that arise during expenses (including attorneys’ fees) arising or after resulting from, or suffered, sustained or incurred by Landlord as a result of, any breach by Tenant of any of its covenants in this Section. Without limitation of the term directly foregoing, if Tenant causes or indirectly from the use, storage, disposal, release or presence of permits any Hazardous Materials onand the same results in contamination, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of promptly, at is sole expense, take any release of Hazardous Materials in, on, or about and all necessary action to return the Property that Tenant or Tenant's agents or employees become aware of during Demised Premises to the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entitiescondition existing prior to such contamination. As used herein, the term “Hazardous MaterialMaterials” means any shall mean Asbestos, flammable substances, explosives, radioactive materials, PCB-laden oil, hazardous or toxic substancematerials, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” , pollutants, contaminates, toxic substances, under any federal, statestate or local laws, ordinances, rules, regulations or policies governing use, storage, treatment, transportation, manufacturer, refinement, handling, production or disposal of such materials, including without limitation, Section 9601 of Title 42 of the United State code. Landlord represents and warrants to Tenant that, as of the Effective Date, there are no Hazardous Materials at the Demised Premises which under existing statutes, orders, standards, or local lawregulations relating to environmental matters require any remedial actions or any other work with respect to the Demised Premises and Landlord has not received any notices requiring such remedial actions or other work which has not been completed. Landlord further covenants that Landlord will not discharge, deposit, inject, dump, leak, spill or place any Hazardous Materials in, at, on under, upon or from Demised Premises, or into the sewer system serving the Demised Premises. Landlord agrees to and shall indemnify, defend and hold Tenant harmless from and against any and all claims, demands, liabilities, damages, suits, actions, judgments, fines, penalties, losses, removal and/or remedial costs and/or charges, costs and expenses (iiincluding attorneys’ fees) petroleumarising or resulting from, and (iii) asbestosor suffered, sustained or incurred by Tenant as a result of, any breach by Landlord of any of its covenants in this Section. The terms and provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any the expiration or early termination of this Lease.
Appears in 1 contract
Sources: Commercial Lease Agreement (Bioanalytical Systems Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees Subject to the remaining provisions of this paragraph, Lessee shall cause or permit any be entitled to use and store only these Hazardous MaterialMaterials (defined below), as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatednecessary for Lessee’s business, used, kept, stored, or disposed of provided that such usage and storage is in a manner that complies full compliance with all laws regulating any such Hazardous Materials applicable local, state and with good business practicesfederal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Tenant covenants to remove from Lessor shall have the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and right at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment times during the term of this LeaseLease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this Paragraph, and (iii) request lists of all Hazardous Materials used and stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor reasonably believes they are necessary. To Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the fullest extent permitted Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by lawthe acts of or omissions of Lessee, ▇▇▇▇▇▇ hereby agrees or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remedy any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee’s cost and expense; such investigations, clean up and remediation to be performed after Lessee has obtained Lessor’s written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to any emergency without first obtaining Lessor’s written consent. Lessee shall indemnify, defend, protect, defend and hold Lessor harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from the against any and all claims, judgmentsjudgements, damages, penalties, fines, costs, liabilities, losses, suits, administrative proceedings and losses that arise during costs (including, but not limited to, attorney’s and consultants fees) arising from or after the term directly or indirectly from related to the use, presence, transportation, storage, disposal, spill, release or presence discharge of Hazardous Materials on, in, on or about the Property that occurs during Premises caused be the term act or omission of this LeaseLessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Tenant Lessee shall promptly notify Landlord of not be entitled to install any release tanks under, on or about the Premises for the storage of Hazardous Materials inwith the express written consent of Lessor, on, which may be given or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entitieswithheld in Lessor’s sole express written discretion. As used herein, the term “Hazardous MaterialMaterials” means shall mean any hazardous or toxic substancewastes, materialmaterials or substances, and other pollutants or waste that is contaminates, which are or becomes become regulated by any local governmental authorityall applicable local, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitationand federal laws, any material Rule or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, Regulation of the Tennessee Department of Environmental Regulation concerning the following elements: (ii) petroleum, and (iii) asbestos, (iv) polychlorinated biphenylis; and (v) radioactive materials. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, Paragraph shall survive any the termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Biolargo, Inc.)
Hazardous Materials. Neither Tenant nor Tenant's agents The Borrower and the Lessee have obtained all permits, licenses and other authorizations which it is required to obtain with respect to the Mortgaged Properties under all Environmental Laws, except to the extent failure to have any such permit, license or employees shall cause authorization would not have a Material Adverse Effect. The Borrower and the Lessee are in compliance with the terms and conditions of all such permits, licenses and authorizations, and are also in compliance in all material respects with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables applicable to the Mortgaged Properties contained in any applicable Environmental Law or permit in any Hazardous Materialregulation, code, plan, order, decree, judgment, injunction, notice or demand letter issued, entered, promulgated or approved thereunder, except to the extent failure to comply would not have a Material Adverse Effect. In addition, except as hereinafter definedset forth in the reports and other materials described in Schedule C hereto:
(a) No notice, notification, demand, request for information, citation, summons or order has been issued, no complaint has been filed, no penalty has been assessed and no investigation or review is pending or, to be brought uponthe best of the Borrower's knowledge, stored, used, generated, released into threatened by any governmental or other entity with respect to any alleged failure by the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (Borrower or the BuildingLessee to have any permit, if applicable)license or authorization required in connection with the conduct of the business of the Borrower or the Lessee relating to the Mortgaged Properties with respect to any generation, upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the usetreatment, storage, disposalrecycling, transportation, release or disposal, or any release as defined in 42 U.S.C. ss. 9601(22), of any substance regulated under Environmental Laws ("Hazardous Materials") generated by the Borrower or the Lessee.
(b) No Hazardous Materials have been released at, on or under the Mortgaged Property to an extent that it has, or may reasonably be expected to have, a Material Adverse Effect.
(c) There are no Liens arising under or pursuant to any Environmental Laws on any of the Mortgaged Properties or properties, and no government actions have been taken or, to the Borrower's knowledge, are in process which could subject any of such properties to such Liens and the Borrower would not be required to place any notice or restriction relating to the presence of Hazardous Materials on, in, or about the at any Mortgaged Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of in any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasedeed to such property.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit the storage, use, generation, release, handling or disposal (collectively, “Handling”) of any Hazardous Material, Materials (as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of ondefined below), in, underon, or about the PropertyPremises or the Project by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, “Tenant Parties”), except reasonable that Tenant shall be permitted to use normal quantities of cleaning supplies and office supplies necessary or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities (“Common Office Chemicals”), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to or required as part the contrary contained herein, however, in no event shall Tenant permit any usage of Tenant's business that are generated, used, kept, stored, or disposed of Common Office Chemicals in a manner that complies with all laws regulating may cause the Premises or the Project to be contaminated by any such Hazardous Materials and with good business practicesor in violation of any Flazardous Materials Laws. Tenant covenants to remove from the Property shall immediately advise Landlord in writing of (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials brought uponLaws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, storedLandlord, usedthe Premises or the Project relating to damage, generatedcontribution, cost recovery, compensation, loss, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, injury resulting from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, on or about the Property that occurs during the term of this LeasePremises. Without Landlord’s prior written consent, Tenant shall promptly notify Landlord not take any remedial action or enter into any agreements or settlements in response to the presence of any release of Hazardous Materials in, on, or about the Property that Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's agents ’s breach of its obligations hereunder, or employees become aware (ii) any removal, cleanup, or restoration work and materials necessary to return the Project or any other property of during whatever nature located on the Term Project to their condition existing prior to the Flandling of Hazardous Materials in, on or about the Premises by any Tenant Party. Tenant’s obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, whether caused by Tenant“Hazardous Materials” means any explosive, Tenant's agents radioactive materials, hazardous wastes, or employeeshazardous substances, including without limitation asbestos containing materials, PCB’s, CFC’s, or substances defined as “hazardous substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Flazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other persons Legal Requirement regulating, relating to, or entities. As used hereinimposing liability or standards of conduct concerning any such materials or substances now or at any time hereafter in effect (collectively, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseMaterials Laws”).
Appears in 1 contract
Hazardous Materials. Neither (a) Tenant nor Tenant's agents shall at all times and in all respects comply with all federal, state and local laws, ordinances, rules and regulations ("Hazardous Materials Laws") relating to industrial hygiene, environmental protection or employees the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials (as hereinafter defined).
(b) Except for normal and customary types and quantities of products which are used in the operation of a business office and which may be considered to be Hazardous Materials, Tenant shall not cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, generated, treated, manufactured, produced, disposed of, discharged, released, spilled or disposed used in, on or about the Premises by Tenant or Tenant's affiliates, agents, employees, contractors, invitees, sublessees or assignees (collectively, the "Tenant Parties"). If Tenant or any Tenant Party breaches the obligation stated in the preceding sentence or if the presence of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from on the Property (Premises caused or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by lawTenant results in contamination of the Premises, ▇▇▇▇▇▇ hereby agrees to the Building or any adjacent property, then Tenant shall indemnify, defend, protect, defend and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, Landlord from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgments, actions, damages, penalties, fines, forfeitures, costs, liabilitiesexpenses, liabilities or losses (including, without limitation, diminution in value of the Premises, the Building and/or adjacent property, damages for the loss or restriction on use of rentable or usable space of any amenity of the Premises, the building and/or adjacent property, damages arising from any adverse
(c) impact on marketing of the Premises, the Building and/or adjacent property, and losses that sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees and court costs) which arise during or after the term directly Lease Term or indirectly from any extension hereof, as a result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of any Hazardous Material present in the usesoil or ground water on or under the Premises, storagethe Building and/or adjacent property. Without limiting the foregoing, disposal, release or if the presence of any Hazardous Materials onMaterial on the Premises caused or permitted by Tenant or any of the Tenant Parties results in any contamination of the Premises, inthe Building and/or adjacent property, Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, the Building and/or adjacent property to the condition existing prior to the introduction of any such Hazardous Material to the Premises, the Building and/or adjacent property; provided that Tenant shall not take any remedial action in or about the Property that occurs during Premises or the term of this Lease. Tenant shall promptly notify Building, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to Hazardous Materials in any way connected with the Premises or the Building, without first notifying Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents intention to do so and affording Landlord the opportunity to appear, intervene or employees become aware of during the Term of otherwise appropriately assert and protect Landlord's interest with respect thereto.
(d) As used in this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “"Hazardous Material” " means any flammable item, explosive, radioactive material, hazardous or toxic substance, material, material or waste that is or becomes regulated by related materials, including any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “or included in the definition of "hazardous waste,” “extremely substances", "hazardous waste,” “restricted wastes", "infectious wastes", "hazardous waste,” “hazardous substance,” “hazardous material,” materials" or “waste” "toxic substances" now or subsequently regulated under any federal, state, state or local lawlaws, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, regulations or ordinances including, without limitation, oil, petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, chemicals known to cause cancer or reproductive toxicity, asbestos, polychlorinated biphenyls (PCBs) and similar compounds, and including any other products and materials which are subsequently found to have adverse effects on the indemnification provisions set forth herein, shall survive any termination environment or the health and safety of this Leasepersons.
Appears in 1 contract
Sources: Office Building Lease (Webb Interactive Services Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, as hereinafter defined, Material (defined below) to be brought upon, transported through, stored, kept, used, generated, released into the environment, discharged or disposed of on, in, under, in or about the Premises or the Shopping Center (collectively “Property”) by Tenant, except reasonable quantities of cleaning supplies and office supplies necessary to its agents, employees or required as part of Tenant's business that are generatedcontractors. Hazardous Materials brought upon, transported, used, keptkept or stored in or about the Property which are necessary for Tenant to operate its business for the use permitted under this Lease shall be brought upon, storedtransported, or disposed used, kept and stored only in the quantities necessary for the usual and customary operation of Tenant’s business and in a manner that complies with with: (i) all laws laws, rules, regulations, ordinances, codes or any other governmental restriction or requirement of all federal, state and local governmental authorities having jurisdiction and regulating the Hazardous Material; (ii) permits (which Tenant shall obtain prior to bringing the Hazardous Material in, on or about the Property) issued for the Hazardous Material; and (iii) all producers’ and manufacturers’ instructions and recommendations, to the extent they are stricter than laws, rules, regulations, ordinances, codes or permits. If Tenant, its agents, employees or contractors, in any such way breaches the obligations in the preceding sentence; or if the presence of Hazardous Materials and with good business practices. Tenant covenants to remove from Material on the Property (caused or permitted by Tenant results in the Buildingrelease or threatened release of Hazardous Material on, from or under the Property; or if applicable)the presence on, upon from or under the expiration Property of Hazardous Material otherwise arises out of the operation of Tenant’s business then, without limitation of any other rights or sooner termination of remedies available to Landlord under this Lease and or at Tenant's sole cost and expenselaw or in equity, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to Tenant shall indemnify, defend, protect, protect and hold harmless Landlord (and Landlord’s parents, subsidiaries, affiliates, employees, partners, agents, mortgagees or successors to ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, ’s interest in the Premises) (collectively “Indemnity”) from any and all claims, sums paid in settlement of claims, judgments, damages, clean-up costs, penalties, fines, costs, liabilities, losses or expenses (including, without limitation, attorneys’, consultants’ and losses that experts’ fees and any fees by Landlord to enforce the Indemnity) which arise during or after the term directly Term as a result of Tenant’s breach of the obligations or indirectly the release or contamination of the Property, including, without limitation: diminution in value of the Property; damages for the loss of, or the restriction on the use of, rentable or usable space or any amenity of the Property; damages arising from any adverse impact on the sale or lease of the Property; and damage and diminution in value to the Property or other properties, whether owned by Landlord or by 3rd parties. This Indemnity includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on, under or originating from the useProperty. Without limiting the foregoing, storage, disposalif the presence of Hazardous Material on the Property caused or permitted by Tenant results in the contamination, release or presence threatened release of Hazardous Materials Material on, in, from or about under the Property that occurs during the term of this Lease. or other properties, Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about take all actions at its sole cost and expense which are necessary to return the Property and other properties to the condition existing prior to the introduction of the Hazardous Material; provided that Tenant Landlord’s written approval of the actions shall be obtained first (which approval shall not be unreasonably withheld) and so long as such actions do not have or Tenant's agents would not potentially have any material, adverse long-term or employees become aware of during short-term effect on Landlord or on the Term Property or other properties. This Indemnity shall survive the Expiration Date or earlier termination of this Lease, whether caused by Tenant, Tenant's agents or employees, or Lease and shall survive any other persons or entitiestransfer of Landlord’s interest in the Property. As used herein, the term “Hazardous Material” means any hazardous hazardous, radioactive or toxic substance, materialmaterial or waste, including, but not limited to, those substances, materials and wastes (whether or waste that is not mixed, commingled or becomes regulated by any local governmental authorityotherwise combined with other substances, the state of Oregon, materials or wastes) listed in the United States government. The term “Department of Transportation Hazardous Material” includesMaterials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or substances, materials and wastes which are or become regulated under any applicable local, state or federal law including, without limitation, any material material, waste or substance that which is (i) a petroleum product, crude oil or any faction thereof, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251, et seq. (33 U.S.C. Section 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1317), (v) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section 6903) or (vi) defined as a “hazardous substance,” “hazardous material,” or “waste” under any federalpursuant to Section 101 of the Comprehensive Environmental Response, state, or local law, (ii) petroleumCompensation, and Liability Act, 42 U.S.C. Section 9601, et seq. (iii) asbestos. The provisions of this 42 U.S.C. Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease9601).
Appears in 1 contract
Hazardous Materials. Neither (a) Tenant nor shall keep the demised premises free of Hazardous Materials (as hereinafter defined), except as is typical for Tenant's agents then use which initially shall include, without limitation, the maintenance of vehicles with the attendant storing and using of oil, greases, solvents, etc., and the storing of waste materials derived therefrom, and it is understood that trucks and vehicles stored and/or parked on or employees in the demised premises may have fuel oil in such truck or vehicle, but Tenant shall be in all respects responsible for compliance with all laws and regulations pertaining to such fuel oil, greases, solvents, etc. and the storing of such waste materials as a Hazardous Material and for the indemnification of Landlord and Landlord's representatives with respect thereto as further provided in this paragraph (a). Without limiting the foregoing, Tenant shall not cause or permit the demised premises or any part thereof to be used to generate, manufacture, refine, produce or process Hazardous MaterialMaterials, nor shall Tenant cause or permit, as hereinafter defined, to be brought upon, stored, used, generated, released into a result of any intentional or unintentional act or omission on the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant or any permitted subtenants or contractors or other invitees, in each case, of Tenant's business that are generated, used, kept, stored, or disposed a release of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practicesin or onto the demised premises. Tenant covenants shall comply with, and ensure compliance by any permitted subtenant or contractors or other invitees of Tenant with, all applicable federal, state and local laws, ordinances, rules and regulations relating to remove from the Property (Hazardous Materials, by whomever triggered, and shall obtain and comply with, and ensure that all permitted subtenants or the Building, if applicable), upon the expiration contractors or sooner termination other invitees of this Lease and at Tenant's sole cost and expenseTenant comply with, any and all Hazardous Materials brought uponapprovals, storedregistrations or permits required thereunder. In addition, usedTenant shall comply with and ensure compliance by all permitted subtenants or contractors or other invitees of Tenant with, generatedall federal, or released into state and local laws and regulations applicable to the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ demised premises dealing with asbestos.
(b) Tenant hereby covenants and agrees to indemnify, that Tenant shall defend, protectindemnify, and hold harmless Landlord and Landlord, ▇▇▇▇▇▇▇▇'s managing agent, representatives from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgments, damagesdemands, penalties, fines, liabilities, settlements, damages, costs, liabilitiesor expenses of whatever kind or nature, and losses that arise during known or after the term directly unknown, contingent or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20otherwise, including, without limitation, reasonable attorneys' and experts' fees, arising out of, or in any way related to (i) the indemnification provisions set forth hereinpresence, disposal, release, or threatened release of any Hazardous Materials on, in or from the demised premises, (ii) any personal injury (including, without limitation, wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials, and/or (iv) any violation of laws, orders, regulations, requirements or demands of governmental authorities, which are based upon or in any way related to such Hazardous Materials, including, without limitation, attorney and expert fees, investigation and laboratory fees, court costs, and litigation expenses. The foregoing covenant by Tenant to indemnify and hold harmless Landlord and its representatives shall survive any termination not apply if Tenant establishes that neither it nor its invitees, contractors or permitted sublessees introduced or caused the presence, disposal, release or threatened release of such Hazardous Materials on, in or from the demised premises.
(c) For the purpose of this LeaseSection 20.01, the term "Hazardous Materials" shall mean (i) any solid or liquid wastes (including hazardous wastes), hazardous air pollutants, hazardous substances (including asbestos, polychlorinated biphenyls and petroleum), hazardous chemical substances and mixtures, toxic substances, pollutants and contaminants, as such terms are defined in the National Environmental Policy Act (42 U.S.C. Section 4231 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sections 9601 et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("CERCLA"), the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), as amended by the Hazardous and Solid Waste Amendments of 1984, the Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Clean Water Act (33 U.S.C. Section 1321 et seq.), the Clean Air Act, the Occupational Safety and Health Act (29 U.S.C. Section 651 et seq.), Article 30 of the New York State Labor Law, and/or in any regulations promulgated pursuant thereto, and/or in any other applicable federal, state or local law, rule, regulation or ordinance governing hazardous or toxic substances and (ii) any substance, water or material which has been determined by any federal, state or local government authority to be capable of posing a risk of injury to health, safety or property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the United States Environmental Protection Agency, the United States Department of Labor, the United States Department of Transportation and/or any other federal, state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the PropertyPremises, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, useduses, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property Premises (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ Tenant hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, agent and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that Premises which occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property Premises that Tenant or Tenant's agents or employees become becomes aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that which is or becomes regulated by any local governmental authority, the state of Oregon, Oregon or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, state or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Zones Inc)
Hazardous Materials. Neither (a) Tenant nor Tenant's agents or employees shall not cause or permit the storage, use, generation, release, or disposal (collectively, “Handling”) of any Hazardous Material, Materials (as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of ondefined below), in, underon, or about the PropertyPremises by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively , “Tenant’s Invitees”), except reasonable that Tenant shall be permitted to use normal quantities of cleaning supplies and office supplies necessary to or required products (such as part copier fluids or cleaning supplies) customarily used in the conduct of Tenant's general business office activities (“Common Office Chemicals”), provided that are generated, used, kept, stored, or disposed the Handling of in a manner that complies such Common Office Chemicals shall comply at all times with all laws regulating any such Hazardous Materials and with good business practicesLaws (as defined below). Tenant covenants to remove from the Property shall immediately advise Landlord in writing of (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials brought uponLaws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, stored, used, generatedLandlord, or released into the environment during the term of this Lease. To the fullest extent permitted by lawPremises relating to damage, ▇▇▇▇▇▇ hereby agrees to indemnifycontribution, defendcost recovery, protectcompensation, and hold harmless Landlordloss, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, or injury resulting from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, on or about the Property that occurs during the term of this LeasePremises. Without Landlord’s prior written consent, Tenant shall promptly notify not take any remedial action (other than as necessitated by an emergency, in which case Tenant shall give Landlord oral notice as soon as possible followed by written notice within one (1) business day of the remedial action, describing the emergency and the action taken) or enter into any agreements or settlements in response to the presence of any release of Hazardous Materials in, on, or about the Property that Premises. Tenant or Tenant's agents or employees become aware of during the Term of this Leaseshall be solely responsible for and shall indemnify, whether caused by Tenantdefend and hold Landlord and all other Indemnities (as defined in Section 14 below), Tenant's agents or employeesharmless from and against any and all loss, or any other persons or entities. As used hereincost, the term “Hazardous Material” means any hazardous or toxic substanceliability, materialclaim, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, damage and (iii) asbestos. The provisions of this Section 20expense, including, without limitation, loss of sale value, ability to rent the indemnification provisions set forth hereinPremises, investigation costs and reasonable attorneys’ fees and disbursements, arising out of or in connection with (i) any Handling of Hazardous Materials by Tenant or Tenant’s Invitees or Tenant’s breach of its obligations hereunder that is not the result of any pre-existing condition on the Premises, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Premises to its condition existing prior to such Handling of Hazardous Materials by Tenant not the result of any such pre-existing condition. Tenant’s obligations under this Section shall survive any the expiration or other termination of this Lease. For purposes of this Lease, “Hazardous Materials” means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB’s. CFC’s, or substances defined as “hazardous substances” or “hazardous materials” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C, Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials now or at any time hereafter in effect (collectively, “Hazardous Materials Laws”).
(b) Landlord shall be responsible for and shall indemnify, defend and hold harmless Tenant and its agents, contractors, officers, directors, employees, customers, guests and licensees from and against any and all loss, cost, liability, claim, damage and expense, including, without limitation, reasonable attorneys’ fees and disbursements, which arise out of or in connection with Landlord’s (its agents, contractors, employees, invitees or guests) Handling of Hazardous Materials upon the Premises or which otherwise arise from the presence of Hazardous Materials upon the Premises prior to the date on which Landlord delivers the Premises to Tenant hereunder.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any Hazardous Material(a) Landlord represents, warrants and covenants that, as hereinafter definedof the date of the commencement of the term hereof, to the Demised Premises shall be brought upon, stored, used, generated, released into the environment, free of any asbestos or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such other Hazardous Materials (as defined herein);
(b) Tenant represents warrants and covenants that it will exercise its best efforts to prevent the release (as defined herein) by Tenant of Hazardous Materials in or on the Demised Premises in violation of any Environmental Laws (as defined herein.) In the event Tenant becomes aware that a release or threat of release of Hazardous Materials onto or from the Demised Premises has occurred, Tenant agrees to give timely and appropriate required regulatory notices, and to give Landlord copies thereof;
(c) Should any condition arise on the Demised Premises that either as a matter of law or of reasonable care should be remedied and is solely attributable to Tenant, Tenant shall conduct and complete any necessary actions (a) in accordance with good business practicesEnvironmental Laws, and (b) in accordance with the orders and directives of all federal, state and local governmental authorities. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, shall defend, protectindemnify, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, Landlord and their respective agents and its employees, agents, attorneys, consultants, contractors, officers and their respective directors, successors and assigns, assigns from and against any and all claims, judgmentslosses, damagesdemands, penalties, fines, costs, liabilities, settlements, charges, damages, judgments, administrative orders, remedial action requirements, enforcement actions of any kind, and losses that arise during all costs and expenses of whatever kind or after nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (i) the term directly or indirectly from the use, storagepresence, disposal, handling, transport, use, release, or threatened release of any Hazardous Materials on or at the Demised Premises solely attributable to Tenant; (ii) any failure to comply with the representations, warranties and covenants contained herein; (iii) any failure to provide required notice of such release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any threatened release of Hazardous Materials inon or at the Demised Premises to any governmental agency; (iv) any lawsuit brought or threatened, onsettlement reached, or about government order relating to such Hazardous Materials on or at the Property that Tenant Demised Premises and solely attributable to the Tenant; or (v) any violation of Environmental Laws or demands of government authorities which are based upon or in any way related to such Hazardous Materials on or at the Demised Premises and solely attributable to the Tenant's agents or employees become aware of during the Term , including, without limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses;
(d) For purposes of this Leaseparagraph, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous MaterialMaterials” includes, without limitation, any material flammable explosives, radioactive materials, petroleum, natural gas liquids, hazardous materials, hazardous wastes, hazardous or substance that is (i) toxic substances, or any pollutant or contaminant defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” such, in or “waste” under used by any federal, state, state or local law, (ii) petroleumordinance, rule, regulation, standard, order or decree which relates to protection of the public health, welfare, and (iii) asbestos. The provisions of this Section 20the environment, including, without limitation, those relating to the indemnification provisions set forth hereinstorage, shall survive handling and use of chemicals and other hazardous materials, those relating to the generation, processing, treatment, storage, transport, disposal or other management of waste material of any termination kind, and those relating to the protection of this Lease.environmentally sensitive areas (“Environmental Laws”). The term “release” as used herein means depositing, spilling, leaking, pumping, pouring, omitting, erupting, discharging, injecting, escaping, leaching, dumping or disposing into the environment;
Appears in 1 contract
Sources: Lease Agreement (ADS Tactical, Inc.)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any (A) No Hazardous MaterialMaterials, as hereinafter defineddefined herein, to shall be brought Handled, as also defined herein, upon, storedabout, usedabove or beneath the Premises or any portion of the Building by or on behalf of Tenant, generated, released into the environmentits subtenants or its assignees, or disposed of ontheir respective contractors, inclients, underofficers, directors, employees, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any agents. Any such Hazardous Materials so Handled shall be known as Tenant’s Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant’s Hazardous Materials customarily used in the conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Premises without Landlord’s prior written consent. Tenant’s Hazardous Materials shall be Handled at all times in compliance with good business practices. the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein.
(B) Notwithstanding the obligation of Tenant covenants to remove from the Property (or the Buildingindemnify Landlord pursuant to this Lease, if applicable)Tenant shall, upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, promptly take all actions required by any and all Regulatory Authority, as defined herein, which requirements or necessity arises from the Handling of Tenant’s Hazardous Materials brought upon, storedabout, usedabove or beneath the Premises or any portion of the Building. Such actions shall include, generatedbut not be limited to, the investigation of the environmental condition of the Premises or released into any portion of the environment during Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises or any portion of the Building to the condition existing prior to the introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Premises or any portion of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby Building.
(C) Tenant agrees to indemnifyexecute affidavits, defend, protectrepresentations, and hold harmless the like from time to time at Landlord, ▇▇▇▇▇▇▇▇'s managing agent, ’s request stating Tenant’s best current knowledge and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after belief regarding the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about on the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeasePremises.
Appears in 1 contract
Sources: Office Lease (Wilshire Bancorp Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall cause or permit any Hazardous MaterialA. Except as disclosed hereby, as hereinafter definedLandlord represents, to the best of its knowledge, that the Premises will on the Commencement Date be brought upon, stored, used, generated, released into the environment, or disposed free of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials (as defined below) in amounts that violate applicable Laws, and that Landlord, at Landlord's sole cost and expense following notice of any violation, will cause the Premises to be in full compliance with good business practicesany and all applicable Laws relating to asbestos, PCB's and other Hazardous Materials. Tenant covenants to remove from Notwithstanding the Property (or the Buildingforegoing, if applicable)Tenant, upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, shall be responsible for correcting any violations of applicable Laws with respect to any asbestos, PCB's and all other Hazardous Materials brought uponthat are introduced into the Building or Premises by Tenant or any Tenant Related Parties. Tenant shall not use, storedgenerate, usedmanufacture, generatedstore or dispose of, on or about the Premises, or released into transport to or from the environment during Premises, any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or any related materials or substances, including, without limitation, any substance defined as or included in the term definition of this Lease. To the fullest extent permitted by "hazardous substances" under any applicable federal, state or local law, ▇▇▇▇▇▇ hereby regulation or ordinance (collectively, "Hazardous Materials").
B. Notwithstanding the provisions of Subsection VII.A above, Tenant and Landlord shall have the right to use and store on the Premises and the Building, and transport to and from the Premises and the Building, those Hazardous Materials which are generally used in the ordinary course in first class office buildings (collectively, "Permitted Materials"); provided, however, that such party's use, storage and transport thereof is in compliance with all applicable Laws.
C. Landlord agrees to indemnify, defend, protectfully indemnify, and hold entirely free and harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, Tenant from and their respective agents and employees, and their respective successors and assigns, from any and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise before, during or after the Term and which are imposed on, paid by, or asserted against Tenant by reason of the presence or suspected presence of Hazardous Materials in the soil, groundwater, or soil vapor on or about the Premises, except to the extent that the Hazardous Material is present as a result of Tenant's activities on the Premises.
D. Tenant agrees to defend, fully indemnify, and hold entirely free and harmless Landlord from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses that (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the term directly Term and which are imposed on, paid by, or indirectly from asserted against Landlord by reason of the use, storage, disposal, release presence or suspected presence of Hazardous Materials onin the soil, ingroundwater, or soil vapor on or about the Property Premises to the extent that occurs the Hazardous Material is present as a result of Tenant's activities on the Premises during the term Term.
E. Notwithstanding anything in this Lease to the contrary, in no event shall any Mortgagee (defined in Subsection XXVI.A. of the Lease) be liable for any of the obligations of Landlord under Subsection VII.C. above.
F. Notwithstanding anything in this Lease. Lease to the contrary, Tenant shall promptly notify Landlord of not be responsible under this Lease in any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or respect whatsoever for any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Lease.condition involving
Appears in 1 contract
Hazardous Materials. Neither A. For purposes of this section, "Hazardous Materials" shall include all solid, liquid or gaseous materials defined or regulated as wastes under any federal statute or regulation or any state or local law, regulation or ordinance and shall further include all other substances defined or regulated as pollutants or as hazardous, toxic, infectious, or radioactive substances under any federal statute or regulation or any state or local law, regulation or ordinance, all as amended from time to time.
B. Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, as hereinafter defined, Materials to be brought upon, stored, used, generated, released into the environment, stored or disposed of on, in, underunder or about, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary transported to or required as part of Tenant's business that are generatedfrom the Premises (collectively, used, kept, stored, or disposed of "Hazardous Materials Activities") except in a manner that complies compliance with all laws regulating any applicable federal, state and local laws, regulations, ordinances and order governing such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the BuildingHazardous Materials Activities, if applicable), upon the expiration or sooner termination of this Lease and which compliance shall be at Tenant's sole cost and expense. Additionally, Tenant shall not cause or permit any and all Hazardous Materials brought uponto be disposed of on, storedunder or about the Premises without the express prior written consent of the Landlord, usedwhich may be withheld for any reason and may be revoked at any time. Tenant further agrees, generatedat all times, to fully disclose in writing to Landlord the storage, handling, disposal or released into use of Hazardous Materials under, on or about the environment during Premises and the term of this Lease. To property in which the fullest extent Premises is located.
C. Landlord shall not be liable to Tenant or to any other party for any Hazardous Materials Activities conducted or permitted on, under or about the Premises by lawTenant or by Tenant's employees, ▇▇▇▇▇▇ hereby agrees to agents, contractors, licensees or invitees, and Tenant shall indemnify, defend, protect, defend and hold Landlord harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, damages, fines, penalties, losses, judgments, damages, penalties, fines, costs, liabilities, costs and losses that arise during liabilities arising out of or after the term directly or indirectly from the use, storage, disposal, release or presence of related to any Hazardous Materials Activities conducted or permitted on, in, under or about the Property that occurs during the term Premises by Tenant or by Tenant's employees, agents, contractors, licensees or invitees, regardless of this Lease. Tenant whether Landlord shall promptly notify Landlord have consented to, approved of, participated in or had notice of any release of such Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestosActivities. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, paragraph shall survive any the expiration or termination of this Leaselease.
D. At the expiration or earlier termination of this lease, Tenant shall remove from the Premises, at Tenant's sole expense, all Hazardous Materials located, stored and disposed of on, under or about the Premises during the lease term, unless caused by a party other than Tenant or Tenant's employees, agents, contractors, licensees, invitees, subtenants or assignees. Tenant shall close, remove or otherwise render safe any buildings, tanks, containers or other facilities related to the Hazardous Materials Activities conducted or permitted on the Premises during the lease term in the manner required by all applicable laws, regulations, ordinances or orders.
E. See Additional Provisions, Section 11
Appears in 1 contract
Sources: Lease Agreement (Homegrocer Com Inc)
Hazardous Materials. Neither (a) Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, Materials (as hereinafter defined, ) to be generated, produced, brought upon, used, stored, used, generatedtreated, released into the environment, or disposed of in or about the (i) Premises by any party, or (ii) Project by Tenant, its agents, employees, contractors, licensees or invitees (any of such storage, generation, use, release, or disposal described items (i) and (ii) hereinabove shall be sometimes referred to herein collectively as the “Tenant Environmental Activities”), without the prior written consent of Landlord, which Landlord may withhold in its sole discretion. Tenant shall promptly and fully remove and remediate, in the manner required by Applicable Laws and governing agencies and authorities (and as reasonably approved in writing by Landlord), any release of Hazardous Materials, or any other violation of any Applicable Laws, in or about the Premises or Project caused by Tenant Environmental Activities. Tenant shall immediately notify Landlord in writing of the release of any Hazardous Materials in, on, in, under, or about the PropertyPremises or Project as the result of any Tenant Environmental Activities.
(b) Tenant Environmental Activities shall also include any mold resulting from Tenant’s use or occupancy of the Premises. Landlord shall have the right, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's ’s sole cost and expense, which cost shall in no event exceed One Thousand Dollars ($1,000.00) per inspection, to perform an annual inspection of the Premises to test for mold and in the event that any such test or inspection reveals the existence of mold, Tenant shall be responsible for and all Hazardous Materials brought upon, stored, used, generated, or released into pay the environment during the term entire cost of remediation thereof within twenty (20) days of receipt of an invoice from Landlord.
(c) As used in this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substancesubstances, material, material or waste that is or becomes regulated by related materials, including any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) substances defined as a or included in the definition of “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” substances”, “hazardous substance,” wastes”, “hazardous material,materials” or “waste” toxic substances”, but excluding commonly used cleaning products in ordinary quantities, now or subsequently regulated under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20Applicable Laws, including, without limitationlimitation petroleum-based products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the indemnification provisions set forth herein, shall survive any termination environment or the health and safety of this Leasepersons.
Appears in 1 contract
Sources: Lease Agreement (iPower Inc.)
Hazardous Materials. Neither Tenant nor Tenant's (a) Lessee agrees that Lessee, its agents or employees shall cause or permit any Hazardous Materialand contractors, as hereinafter defined, to be brought upon, stored, used, generated, released into the environmentlicensees, or disposed invitees shall not handle, use, manufacture, store or dispose of any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials or other similar substances, petroleum products or derivatives (collectively "Hazardous Materials") on, in, under, or about the PropertyPremises, except reasonable without Lessor's prior written consent (which consent may be given or withheld in Lessor's sole discretion), provided that lessee may handle, store, use or dispose of products containing small quantities of cleaning supplies Hazardous Materials, which products are of a type customarily found in offices and office supplies necessary to or required households (such as part aerosol cans containing insecticides, toner for copies, paints, paint remover, and the like), provided further that Lessee shall handle, store, use and dispose of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials in a safe and with good business practices. Tenant covenants lawful manner and shall not allow such Hazardous Materials to remove from contaminate the Property (Premises or the Buildingenvironment.
(b) Without limiting the above, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnifyLessee shall reimburse, defend, protect, indemnify and hold Lessor harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgmentslosses, liabilities, damages, penaltiescosts and expenses, finesincluding without limitation, loss of rental income, loss due to business interruption, and attorneys fees and costs, liabilities, and losses that arise during arising out of or after the term directly or indirectly from in any way connected with the use, manufacture, storage, disposal, release or presence disposal of Hazardous Materials by Lessee, its agents or contractors on, in, under or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, premises including, without limitation, the indemnification provisions set forth hereincosts of any required or necessary investigation repair, cleanup or detoxification and the preparation of any closure or other required plans in connection herewith, whether voluntary or compelled by governmental authority. The indemnity obligations of Lessee under this clause shall survive any termination of the Lease.
(c) Notwithstanding anything set forth in this Lease, Lessee shall only be responsible for contamination of Hazardous Materials or any cleanup resulting directly therefrom, resulting directly from matters occurring or Hazardous Materials deposited (other than by contractors, agents or representatives controlled by Lessor) during the Lease term, and any other period of time during which Lessee is in actual or constructive occupancy of the Premises. Lessee shall take reasonable precautions to prevent the contamination of the Premise with Hazardous Materials by third parties.
(d) It shall not be unreasonable for Lessor to withhold its consent to any proposed Assignment or Sublease if (i) the proposed Assignee's or Sublessee's anticipated use of the premises involves the generation, storage, use, treatment or disposal of Hazardous Materials; (ii) the proposed Assignee or Sublessee has been required by any prior Lessor, lender, or governmental authority to take remedial action in connection with Hazardous materials contaminating a property if the contamination resulted from such Assignee's or Sublessee's actions or use of the property in question; or (iii) the proposed Assignee or Sublessee is subject to an enforcement order issued by any governmental authority in connection with the use, disposal, or storage of a hazardous material.
Appears in 1 contract
Sources: Lease Agreement (Canmax Inc /Wy/)
Hazardous Materials. Neither Tenant nor 16.01 Landlord warrants and represents to Tenant's agents or employees shall cause or permit any Hazardous Material, as hereinafter definedthat, to the best of Landlord's knowledge and after reasonable inquiry, the Premises and Landlord's Improvements will be brought uponin compliance with all applicable environmental laws, storedrules, usedrequirements, generatedorders, released into directives, ordinances and regulations of the environmentUnited States of America or any state, city or municipal government or lawful authority having jurisdiction or affecting the Premises (collectively "Environmental Laws") and that none of the insulation materials or any other materials within the Premises are or contain asbestos, or disposed of onany other known Regulated Material as defined below. Except as set forth in Sections 16.03 and 16.05, inLandlord shall, underat its expense, or about the Property, except reasonable quantities of cleaning supplies and office supplies take all action necessary to or required as part of Tenant's business ensure that are generated, used, kept, stored, or disposed of in a manner that the Facility complies with all Environmental Laws and that the Facility is, and remains at all times, safe for use and occupancy.
16.02 Except as set forth in Sections 16.03 and 16.05, Landlord shall defend, indemnify and save Tenant, its officers, directors, agents and employees, harmless from and against all claims, obligations, demands, actions, proceedings and judgments, loss, damage, liability and expense (including reasonable attorneys' fees and expenses) which any one or more of them may sustain in connection with any non-compliance with any environmental condition affecting the Facility resulting from violation of environmental laws regulating any such Hazardous Materials which are not caused by or resulting from Tenant's use and with good business practicesoccupancy of the Premises or Facility. This indemnity shall not apply to Landlord's Mortgagee, successors-in-interest to Mortgagee or anyone acquiring the Premises through Landlord's Mortgagee.
16.03 Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and shall at Tenant's sole own cost and expense, any timely comply with all applicable, rules, requirements, orders, directives, ordinances and all Hazardous Materials brought uponregulations arising from Tenant's use and occupancy of the Premises, storedincluding but not limited to the Environmental Laws, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to and shall indemnify, defend, protect, save and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agentits directors, and their respective officers, agents and employees, employees from and their respective successors and assigns, from against any and all claims, judgmentsdemands, damages, penalties, fines, costs, liabilities, losses and losses that arise during liabilities (including reasonable attorneys' fees) resulting from any violation of the Environmental Laws when caused by or after results from Tenant's use and occupancy of the term directly Premises.
16.04 The provisions of this Article 16 shall survive the expiration or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term earlier termination of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about .
A. The following terms and conditions regarding environmental matters and the Property that Tenant or Tenant's agents or employees become aware of during Premises are included in this Lease:
(1) For the Term purpose of this Lease, whether caused the phrase "Regulated Materials" shall include, but shall not be limited to, those materials or substances defined as "hazardous substances", "hazardous materials", "hazardous waste", "toxic substances", "toxic pollutant" or other similar designations under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, ET SEQ., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, ET SEQ., the Hazardous Materials Transportation Act, 49 U.S. C. 1801, ET SEQ., or regulations promulgated pursuant thereto (herein "Environmental Laws"). "Tenant's Regulated Materials" shall mean those Regulated Materials, brought onto, created, stored at, handled, or generated at the Premises by or on behalf of Tenant, Tenant's agents or its agents, employees, contractors (other than Landlord), subtenants, assignees, suppliers or any other persons invitees. "Landlord's Regulated Materials" shall mean all other "Regulated Materials" including those brought onto, created, stored at, handled or entitiesgenerated at the Premises by Landlord, its agents, employees, contractors, subtenants, assignees, suppliers or other invitees. As used herein, Also the term “Hazardous Material” phrase "Governmental Agency or Agencies" means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, local or local lawforeign government, (ii) petroleumpolitical subdivision, and (iii) asbestos. The provisions court, agency or other entity, body, organization or group exercising any executive, legislative, judicial, quasi-judicial, regulatory or administrative function of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this Leasegovernment.
Appears in 1 contract
Sources: Lease (Fourth Shift Corp)
Hazardous Materials. Neither Tenant nor TenantMortgagor represents and warrants that, to the best of Mortgagor's agents or employees shall cause or permit any knowledge, after due inquiry and investigation, except as otherwise specifically described in that certain Phase I environmental report in respect of the Property delivered to Mortgagee, (a) there are no Hazardous Material, as Materials (hereinafter defined, to be brought upon, stored, used, generated, released into ) on the environment, or disposed of on, in, under, or about the Mortgaged Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of those in a manner that complies compliance with all laws regulating any such Hazardous Materials applicable federal, state and with good business practices. Tenant covenants to remove from the Property (or the Buildinglocal laws, if applicable)ordinances, upon the expiration or sooner termination of this Lease rules and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protectregulations, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, (b) no owner or occupant nor any prior owner or occupant of the Mortgaged Property has received any notice or advice from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during governmental agency or after the term directly or indirectly from the use, storage, disposal, release or presence of any source whatsoever with respect to Hazardous Materials on, infrom or affecting the Mortgaged Property. Mortgagor covenants that the Mortgaged Property shall be kept free of Hazardous Materials, and neither Mortgagor nor any occupant of the Mortgaged Property shall use, transport, store, dispose of or about in any manner deal with Hazardous Materials on the Mortgaged Property, except in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. Mortgagor shall comply with, and ensure compliance by all occupants of the Mortgaged Property that occurs during with, all applicable federal, state and local laws, ordinances, rules and regulations, and shall keep the term of this Lease. Tenant shall promptly notify Landlord Mortgaged Property free and clear of any release of liens imposed pursuant to such laws, ordinances, rules or regulations. In the event that Mortgagor receives any notice or advice from any governmental agency or any source whatsoever with respect to Hazardous Materials in, on, from or about affecting the Mortgaged Property, Mortgagor shall immediately notify Mortgagee. Mortgagor shall conduct and complete all investigations, studies, sampling, and testing, and all remedial actions necessary to clean up and remove all Hazardous Materials from the Mortgaged Property that Tenant in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The term "Hazardous Materials" as used in this Mortgage shall include, without limitation, gasoline, petroleum products, explosives, radioactive materials, polychlorinated biphenyls or Tenant's agents related or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employeessimilar materials, or any other persons substance or entities. As used herein, the term “Hazardous Material” means any material defined as a hazardous or toxic substance, material, substance or waste that is or becomes regulated material by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, state or local law, (ii) petroleumordinance, and (iii) asbestosrule, or regulation, but excluding Asbestos, as defined in paragraph 35 hereof. The provisions obligations and liabilities of Mortgagor under this Section 20, including, without limitation, the indemnification provisions set forth herein, paragraph 34 shall survive any termination entry of a judgment of foreclosure or the delivery of a deed in lieu of foreclosure of this LeaseMortgage.
Appears in 1 contract
Hazardous Materials. Neither (a) Tenant nor shall not bring or permit to remain on the Premises or the Project, or allow any of Tenant's agents employees, agents, customers, visitors, invitees, licensees, contractors, assignees, or employees shall cause subtenants, to bring or permit to remain on the Premises or the Project, any asbestos, petroleum or petroleum products, used oil, explosives, toxic materials or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local law or regulation ("Hazardous MaterialMaterials"), except for routine office (such as hereinafter definedcopier toner) and janitorial supplies used on the Premises and stored in the usual and customary manner and quantities, to be brought uponand in compliance with all applicable environmental laws and regulations. Further, Tenant may keep and utilize reasonable numbers of batteries at the Premises and a reasonable amount of rubbing alcohol (in one gallon containers), provided the same are handled, stored, used, generated, released into the environment, or utilized and disposed of in full compliance with all applicable environmental laws and regulations and MSDS sheets. Tenant shall not install or operate any underground storage tanks on or under the Premises or the Project. Tenant's violation of the foregoing prohibitions shall constitute a material breach and default hereunder and Tenant shall indemnify, protect, hold harmless and defend (by counsel acceptable to Landlord) Landlord, and its directors, officers, employees, shareholders, agents, contractors and each of their respective successors and assigns, from and against any and all claims, damages, penalties, fines, liabilities and cost (including reasonable attorneys' fees and court costs) caused by or arising out of (i) a violation of the foregoing prohibition or (ii) the presence or release of any Hazardous Materials on, infrom, under, under or about the PropertyPremises, except reasonable quantities of cleaning supplies and office supplies necessary to the Project or required other properties as part the direct or indirect result of Tenant's business that are generatedoccupancy of the Premises. Tenant, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's its sole cost and expense, shall clean up, remove, remediate and repair any and all soil or groundwater contamination or other damage or contamination in conformance with the requirements of applicable law caused by the presence or any release of any Hazardous Materials brought uponin, storedon, usedfrom, generated, under or released into about the environment Premises during the term of this Lease. To Neither the fullest extent permitted by lawwritten consent of Landlord to the presence of the Hazardous Materials, ▇▇▇▇▇▇ hereby agrees nor Tenant's compliance with all laws applicable to such Hazardous Materials, shall relieve Tenant of its indemnification obligation under this Lease. Tenant shall immediately give Landlord written notice (i) of any suspected breach of this section, (ii) upon learning of the presence or any release of any Hazardous Materials, or (iii) upon receiving any notices from governmental agencies or other parties pertaining to Hazardous Materials which may affect the Premises. Landlord shall have the right from time to time, but not the obligation, to enter upon the Premises to conduct such inspections and undertake such sampling and testing activities as Landlord deems necessary or desirable to determine whether Tenant is in compliance with this provision. The obligations of Tenant hereunder shall survive the expiration or earlier termination, for any reason, of this Lease.
(b) Landlord shall indemnify, defend, protect, defend and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, Tenant from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, damages, fines, judgments, damages, penalties, fines, costs, liabilities, liabilities losses and losses that arise during attorneys' fees to the sole extent caused by Landlord and (i) arising out of or after in connection with the term directly or indirectly from the use, storage, disposal, release or presence existence of Hazardous Materials onon the Premises, in, Building or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, Project; or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleumrelating to any clean-up or remediation of the Premises, and (iii) asbestosBuilding or Project required under any applicable environmental laws or regulations. The provisions obligations of Landlord under this Section 20, including, without limitation, the indemnification provisions set forth herein, SECTION 9.3(b) shall survive the expiration or earlier termination, for any termination reason, of this Lease.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees Subject to the remaining provisions of this paragraph, Lessee shall cause or permit any be entitled to use and store only those Hazardous MaterialMaterials (defined below), as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatednecessary for Lessee's business, used, kept, stored, or disposed of provided that such usage and storage is in a manner that complies full compliance with all laws regulating any such Hazardous Materials applicable local, state and with good business practicesfederal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Tenant covenants to remove from Lessor shall have the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and right at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment times during the term of this LeaseLease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor reasonably believes they are necessary. To Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the fullest extent permitted Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by lawthe acts or omissions of Lessee, ▇▇▇▇▇▇ hereby agrees or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained 20 Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend, protect, defend and hold Lessor harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, from and their respective agents and employees, and their respective successors and assigns, from against any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, suits, administrative proceedings and losses that arise during costs (including, but not limited to, attorneys' and consultant fees) arising from or after the term directly or indirectly from related to the use, presence, transportation, storage, disposal, spill, release or presence discharge of Hazardous Materials on, in, on or about the Property that occurs during Premises cause by the term acts or omissions of this LeaseLessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Tenant Lessee shall promptly notify Landlord of not be entitled to install any release tanks under, on or about the Premises for the storage of Hazardous Materials inwithout the express written consent of Lessor, on, which may be given or about the Property that Tenant or Tenantwithheld in Lessor's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entitiessole discretion. As used herein, the term “Hazardous Material” means Materials shall mean (i) any hazardous or toxic substancewastes, materialmaterials or substances, and other pollutants or waste that is contaminants, which are or becomes become regulated by any local governmental authorityall applicable local, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, and federal laws; (ii) petroleum, and ; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, paragraph shall survive any the termination of this Lease. Landlord acknowledges that to the best of his current actual knowledge, without due inquiry, and as disclosed in the Closure Report dated March 1, 2995 by Clay▇▇▇ ▇▇▇ironmental Consultants and a Phase One Report Draft dated January 26, 1996 by Dames and Moor▇ ▇▇▇ with exception of issues raised in the Asbestos report computed for tenant by tenant's consultant, there is no contamination on the site caused by the use of Hazardous Materials. Subject to Tenant's early occupancy provision in Section 2, and from the date Tenant commences construction of Tenant Improvements, Landlord hereby agrees to defend, indemnify and hold harmless Tenant from and against any loss, claim, liability or damage arising as the result of any prior existence, use, handling, storage, transportation, manufacture, release or disposal of any Hazardous Materials, in, on or under the Property, including costs of experts and attorney's fees and costs directly or indirectly incurred (hereinafter collectively referred to as "Loss"). The foregoing indemnification against Loss includes indemnification against all costs of removal, response and disposal of such Hazardous Materials and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Appears in 1 contract
Hazardous Materials. Neither Except for hair care products typically used in a facial/spa business, to the extent such supplies or products are used in the ordinary course of business, in the manner for which they were designed, in accordance with applicable laws, and in such amounts as may be typical for the type and scale of facial/spa operations to be conducted by Tenant nor Tenant's agents or employees in the Premises, Tenant shall not cause or permit any Hazardous Material, as hereinafter defined, Materials to be generated, produced, brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, treated or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from or about the Premises or the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord▇, ▇▇▇▇▇▇▇▇'s managing agent, ’s subtenants and/or assignees and their respective agents and agents, employees, and contractors, sub-lessees or invitees (collectively, the “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, or in the event Hazardous Materials are otherwise caused to be located in, on, under or about the Premises or Project by Tenant, any of its subtenants, or any of their respective successors employees, agents, representatives, contractors, licensees or invitees, Tenant shall be solely responsible for and assignsshall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilitiesliabilities and losses (including, without limitation, diminution in valuation of the Premises or Project, and losses that sums paid in settlement of claims and for reasonable attorneys’ fees, consultant fees and expert fees) which arise during or after the term Term as a result of any contamination directly or indirectly arising from the useactivities which are the basis for such breach. This indemnification of Landlord by Tenant includes, storagewithout limitation, disposalcosts incurred in connection with any investigation of site conditions or any clean-up, release remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Premises and/or Project to the condition existing prior to the introduction of any such Hazardous Materials, provided Landlord’s approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, restoration or other work, at Tenant’s sole cost and expense. Furthermore, ▇▇▇▇▇▇ shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the Premises concerning the presence of any Hazardous Materials. Tenant acknowledges that Landlord, at Landlord’s election, shall have the sole right, at ▇▇▇▇▇▇’s sole cost and expense, to negotiate, defend, approve and appeal any action taken or order issued by any governmental authority with regard to any Hazardous Materials on, in, contamination which Tenant is obligated hereunder to remediate. The covenants of Tenant under this Section shall survive the expiration of the Term or about the Property that occurs during the term earlier termination of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of As used in this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous MaterialMaterials” means any flammable items, explosives, radioactive materials, hazardous or toxic substancesubstances, material, material or waste that is or becomes regulated by related materials, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, any local governmental authority, different products and materials which are subsequently found to have adverse effects on the state of Oregon, environment or the United States government. The term “Hazardous Material” includeshealth and safety of persons, without limitation, and including any material or substance that is (i) substances defined as a or included in the definition of “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” substances”, “hazardous substance,” wastes”, “hazardous material,materials” or “wastetoxic substances” now or subsequently regulated under any applicable federal, state, state or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20laws or regulations, including, without limitation, the indemnification provisions set forth hereinCalifornia Health and Safety Code and/or under the Comprehensive Environmental Response, shall survive any termination of this LeaseCompensation and Liability Act, 42. U.S.C. §9601, et seq.
Appears in 1 contract
Sources: Lease Agreement
Hazardous Materials. Neither (a) Tenant nor Tenant's agents agrees that it will not release, discharge, place, hold, or employees shall cause dispose of any Hazardous Material (as hereinafter defined) on, under or permit at the Premises, in the Building, or on the Land, and that it will not use the Premises, the Building, the Land, or any other portion thereof as a site for the treatment, storage, or disposal (whether permanent or temporary) of any Hazardous Material, as hereinafter defined, other than materials used in the ordinary course of the business of Tenant in accordance with all Applicable Laws. Tenant further agrees that it will not cause or allow any asbestos to be brought upon, stored, used, generated, released incorporated into any improvements or alterations which Tenant makes or causes to be made to the environmentPremises, or disposed the Building.
(b) Tenant hereby agrees to indemnify, defend (with counsel reasonably approved by Landlord) and hold harmless Landlord of onfrom and against any and all losses, inliabilities, damages, injuries, costs, fines, penalties, expenses and claims of any and every kind whatsoever (including without limitation, expert and consultant fees, court costs and attorneys’ fees at all tribunal levels) which at any time or from time to time may be paid, incurred or suffered by, or asserted against Landlord for, with respect to, or as a direct or indirect result of (i) any breach by Tenant of the provisions of this Paragraph, or (ii) the acts or omissions of Tenant or any agent, employee, invitee, licensee, or independent contractor of Tenant resulting in or contributing to, the presence on or under, or about the Propertyescape, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generatedseepage, usedleakage, keptspillage, storeddischarge, emission, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from release from, onto, or into the Property (or Premises, the Building, if applicable)the Land, upon the atmosphere, or any watercourse, body of water, or groundwater, of any Hazardous Material or (iii) the violation of any applicable law including, without limitation, any third party claim or claims for contribution or cost recovery under applicable laws or common law. The provisions of and undertakings and indemnification set forth in this paragraph shall survive the termination or expiration or sooner termination of this Lease Lease, for any reason, and shall continue to be the liability, obligation and indemnification of Tenant, binding upon Tenant forever. The provisions of the preceding sentence shall govern and control over any inconsistent provision of this Lease.
(c) For purposes of this Lease, “Hazardous Material” means and includes any radioactive, hazardous or toxic substance, pollutant, contaminant, effluent, gas, petroleum product or medical product or waste defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called “Superfund” or “Superlien”, law, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any radioactive, hazardous, toxic or dangerous waste, substance or material, as now or at Tenant's sole cost any time hereafter in effect, or any other hazardous, toxic or dangerous, waste, substance or material, gas or petroleum product, and expense“Applicable Laws” shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called “Superfund” or “Superlien”, law, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any radioactive, hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous, waste, substance or material, gas, petroleum product, medical product or waste.
(d) Tenant shall provide Landlord with a list of any and all Hazardous Materials brought uponreleased, storeddischarged, usedplaced, generatedheld, or released into disposed of on the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protectPremises, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release or presence of Hazardous Materials on, in, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify certification to Landlord of any release compliance by Tenant with all Applicable Laws, within ten days of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused a request therefor by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive any termination of this LeaseLandlord.
Appears in 1 contract
Sources: Lease Agreement (Trimeris Inc)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees Landlord shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and save, hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agentharmless, and their respective agents reimburse Tenant, its partners, officers, directors and employees, and their respective successors and assignsemployees for, from and against any and all claimscosts, judgmentslosses, liabilities, damages, penaltiesassessments, fineslawsuits, costsdeficiencies, liabilitiesdemands, claims and losses that arise during expenses incurred in connection with, arising out of, resulting from or after incident to, the term directly or indirectly from the production, use, generation, storage, treatment, disposal, discharge, release or presence other handling or disposition of any Hazardous Materials on, in, (defined below) on or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials inProject by Landlord, onits officers, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is agents (iin their capacity as agents) defined and/or independent contractors (in their capacity as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20independent contractors), including, without limitation, the indemnification effects of handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Tenant's negligence or the handling by Tenant during Tenant's occupancy of the Premises of any Permitted Materials (as hereinafter defined) and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, and which prompt the initiation of a removal, response, remedial or other action by a governmental agency or authority possessing and exercising jurisdiction over the Project. For purposes hereof "Hazardous Materials" shall mean any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or any related materials or substances, including, without limitation, any substance defined as or included in the definition of "hazardous substances" under any applicable federal, state or local law, regulation or ordinance (collectively, "Hazardous Materials"). Tenant shall indemnify, defend, protect, save, hold harmless, and reimburse Landlord, its partners, officers, directors and employees for, from and against any and all costs, losses, liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses incurred in connection with, arising out of, resulting from or incident to, the production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of any Hazardous Materials on or about the Project by Tenant, its officers, employees, agents and/or independent contractors, including, without limitation, the effects of such handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Landlord's negligence or the handling by Landlord of any Permitted Materials and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, and which prompt the initiation of a removal, response, remedial or other action by a governmental agency or authority possessing and exercising jurisdiction over the Project. Notwithstanding the provisions set forth herein, shall survive any termination of this Leasesection, Tenant and Landlord shall have the right to use, generate and store on the Premises and the Building, and transport to and from the premises and the Building, those Hazardous Materials which are generally used in the ordinary course in first class office buildings (collectively, "Permitted Materials"); provided, however, that Tenant's use, generation, storage and transport thereof is in compliance with all applicable federal, state and local laws, regulations andordinances and any manufacturers' instructions.
Appears in 1 contract
Sources: Office Lease Agreement (Intrabiotics Pharmaceuticals Inc /De)
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall (a) To the extent the following are required by Environmental Laws, the Borrower will conduct, and will cause or permit any Hazardous Material, as hereinafter defined, each of its Subsidiaries to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expenseconduct, any and all Hazardous Materials brought uponinvestigations, storedstudies, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protectsampling and testing and will take, and hold harmless Landlordwill cause each of its Subsidiaries to take, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after necessary remedial action in connection with the term directly or indirectly from the usepresence, storage, use, disposal, release transportation or presence Release of any Hazardous Materials on, infor which the Borrower is, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials incould be, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other persons or entities. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States governmentliable. The term “Hazardous Material” includesforegoing shall not apply if, without limitation, any material or substance and only to the extent that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” the Borrower's or “waste” under such Subsidiary's liability for such presence, storage, use, disposal, transportation or Release of any federal, state, Hazardous Materials is being contested in good faith and by appropriate proceedings diligently conducted by the Borrower or local lawsuch Subsidiary, (ii) petroleum, and such remedial action is taken by other Persons responsible for such remedial action through an indemnification of the Borrower or such Subsidiary or (iii) asbestossuch non-compliance would not in any case or in the aggregate reasonably be expected to have a Material Adverse Effect. The provisions In the event that the Borrower or any of this Section 20its Subsidiaries undertakes any such investigation, includingstudy, without limitationsampling, testing or remedial action with respect to any Hazardous Materials, the indemnification provisions set forth hereinBorrower or such Subsidiary will conduct and complete such action in compliance in all material respects with all applicable Environmental Laws, shall survive and other applicable policies, orders and directives of all federal, state and local Governmental Authorities.
(b) At the request of the Requisite Lenders or the Board from time to time, the Borrower will provide to the Lenders within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any termination properties of this Leasethe Borrower or any of its Subsidiaries described in such request, prepared by an environmental consulting firm reasonably acceptable to the Agent, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Agent determines at any time that a material risk exists that any such report will not be provided in the time referred to above, the Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and the Borrower hereby grants and agrees to cause any Subsidiary that owns property described in such a request to grant at the time of such request to the Agent, the Lenders, the Board, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter into their respective properties to undertake such an assessment.
Appears in 1 contract
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause or permit any Hazardous Material, as hereinafter defined, Material to be generated, produced, brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, treated or disposed of in a manner that complies with all laws regulating any such Hazardous Materials and with good business practices. Tenant covenants to remove from or about the Property (by Tenant, its agents, employees, contractors, sublessees or invitees without the Buildingprior written consent of Landlord. Landlord shall be entitled to take into account such other factors or facts as Landlord may reasonably determine to be relevant to determining whether to grant or withhold consent to Tenant’s proposed activity with respect to Hazardous Material. In no event, if applicable)however, upon shall Landlord be required to consent to the expiration installation or sooner termination use of this Lease and any storage tanks on the Property. Tenant, at Tenant's its sole cost and expense, shall remediate in a manner satisfactory to Landlord any and all Hazardous Materials brought uponreleased on or from the Property by Tenant, storedits agents, usedemployees, generatedcontractors, subtenants or released into the environment during the term of this Leaseinvitees. To the fullest extent permitted Tenant shall complete and certify to disclosure statements as requested by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent▇ from time to time relating to Tenant’s transportation, storage, use, generation, manufacture or release of Hazardous Materials on the Premises. As defined in any applicable laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and their respective agents the wastes, by-products, or residues generated, resulting, or produced therefrom. As used in the Lease, the term “Hazardous Materials” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substance”, “hazardous wastes,” “hazardous material”, or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant agrees to indemnify, defend and hold Landlord and its partners, officers, trustees, affiliates, directors, employees, and their respective successors and assignscontractors, agents or representatives harmless for, from and against any and all claims, actions, administrative proceedings (including informal proceedings), judgments, damages, punitive damages, penalties, fines, costs, liabilities, interest or losses, including reasonable attorneys’ fees and losses expenses, court costs, consultant fees, and expert fees, together with all other costs and expenses of any kind or nature that arise during or after the term directly Lease Term from or indirectly from in connection with the usepresence, storage, disposal, release or presence of Hazardous Materials on, insuspected presence, or about the Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord release of any release of Hazardous Materials inMaterial in or into the air, soil, surface water or groundwater at, on, about, under or about within the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employeesPremises, or any other persons portion thereof but only to the extent directly caused by Tenant or entitiesits agents, employees, contractors or sublessees. As used herein, Each of the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state covenants and agreements of Oregon, or the United States government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, state, or local law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 20, including, without limitation, the indemnification provisions Tenant set forth herein, in this Paragraph shall survive any the expiration or earlier termination of this Lease.
Appears in 1 contract