Hazardous or Toxic Materials. No asbestos-containing material, heavy metal-containing paints/coating, or PCB-containing materials will be specified or used in the Work, including, but not limited to, building materials, production processes and equipment, and utilities and other support processes and equipment. Construction Manager will communicate and enforce this prohibition with its Subcontractors and will immediately bring any observed violation(s) to Owner's attention. At the Date of Final Completion of the Work, Construction Manager will provide to Owner a written certification confirming that no asbestos-containing material, heavy metal-containing paints/coating, or PCB-containing materials were specified or used in the Work.
Hazardous or Toxic Materials. Tenant is strictly prohibited from storing or using on the premises materials classified as hazardous or toxic under any local, state, or federal law or regulation, and from engaging in any activity which produces such materials. Tenant’s obligation of indemnity as set forth below specifically include any costs, expenses, fines or penalties imposed against the Landlord arising out of storage, use or creation of any hazardous material by Tenant, Tenant’s agents, employees, invitees and/or guests. Landlord may enter the space at any time to remove and dispose of prohibited items.
Hazardous or Toxic Materials. As used herein, “Hazardous Materials” means any hazardous, toxic, environmentally damaging or radioactive materials, substances or wastes, including, but not limited to, those materials, substances or wastes; (1) defined or listed as hazardous or extremely hazardous materials or wastes pursuant to Title 22, Division 4.5, Chapter 10 et seq., of the California Code of Regulations, as may be amended; (2) defined or listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. and regulations promulgated thereunder, as may be amended; (3) defined or listed as hazardous or acutely hazardous wastes pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. and regulations promulgated thereunder, as may be amended; and/or (4) which consists in whole or part of petroleum, petroleum fractions, petroleum products or petroleum distillates.
Hazardous or Toxic Materials. Landlord, to Landlord's best actual knowledge, as of the date of this Lease, (which knowledge Landlord represents is based solely upon the contents of the Environmental Reports listed on EXHIBIT "N" attached hereto) has not used, discharged, dumped, spilled or stored (other than use or storage in compliance with all applicable laws) any Hazardous Substances (as defined in the Construction Provisions) on or about the Shopping Center, whether accidentally or intentionally, and has received no notice and has no knowledge that any such condition exists at the Shopping Center. If any claim is ever made against Tenant relating to Hazardous Substances present at or around the Shopping Center, whether or not such substances are present as of the date hereof, or any such Hazardous Substances are hereafter discovered at the Shopping Center (unless introduced by Tenant, its agents, invitees or employees), all costs of removal incurred by, all liability imposed upon, or damages suffered by, Tenant because of the same shall be borne by Landlord, and Landlord hereby indemnifies and agrees to defend and hold Tenant harmless from and against all such costs, losses, liabilities and damages, including, without limitation, all third-party claims (including sums paid in settlement thereof, with or without legal proceedings) for personal injury or property damage and other claims, actions, administrative proceedings, judgments, compensatory and punitive damages, lost profits, penalties, fines, costs, losses, attorneys' fees and expenses (through all levels of proceedings), consultants or experts fees and all costs incurred in enforcing this indemnity. The representation, warranty and indemnity of Landlord described in this paragraph 19(a)(v) shall survive the termination or expiration of this Lease. Notwithstanding the foregoing, Landlord shall not be required to remove or to remediate Hazardous Substances unless such Hazardous Substances materially interfere with the conduct and operation of Tenant's business from the Shopping Center or unless Tenant or Landlord is required to remove same pursuant to a governmental or court order or judgment or is required by applicable law, code, regulation or the like.
Hazardous or Toxic Materials. Sublessee shall not permit any hazardous or toxic wastes or materials to be located or stored on the Subleased Premises in violation of applicable law.
Hazardous or Toxic Materials. Tenant covenants and agrees not to ---------------------------- introduce any hazardous or toxic materials onto the Premises without (a) first obtaining Landlord's written consent; and (b) complying with all applicable federal, state and local laws or ordinances pertaining to the transportation, storage, use or disposal of such materials, including but not limited to obtaining proper permits. If Tenant's transportation, storage, use or disposal of such hazardous or toxic materials on the Premises results in (i) contamination of the soil or surface or ground water; or (ii) loss or damage to persons or property, then Tenant agrees to (a) notify Landlord immediately of any contamination, claim of contamination, loss or damage; (b) after consultation and approval by Landlord, to clean up the contamination in full compliance with all applicable statutes, regulations and standards at Tenant's sole cost and expense; and (c) to indemnify, defend and hold Landlord free and harmless from any and all claims, suits, causes of action, judgments, awards, costs and fees, including reasonable attorneys' fees, arising from or in connection with any such contamination, claim of contamination, loss or damage. This provision shall survive termination of the Lease and this Amendment 3.
Hazardous or Toxic Materials. Use and storage of hazardous or toxic materials is governed by the Prime Lease and shall be in accordance with all governmental laws, rules and
Hazardous or Toxic Materials. Tenant shall not cause or allow the receipt, storage, use, location, handling, production, refinement or disposal anywhere in the Building or the Property of any product, material or merchandise which is explosive, highly flammable, injurious to health, or a hazardous or toxic material, as hereafter defined. “Hazardous or Toxic Material(s)” shall include all materials and substances which have been determined to be hazardous to health or the environment and are regulated by any applicable federal, state or local laws, ordinances or regulations. Notwithstanding the foregoing, Tenant shall not be in breach of this provision as a result of the presence in the Leased Premises minor amounts of Hazardous or Toxic Materials which are in compliance with all applicable laws, ordinances and regulations and are customarily used in a general office environment (e.g., copying machine chemicals and kitchen cleansers) and the use of human cadavers, provided Tenant properly stores, uses and disposes such Hazardous or Toxic Materials in accordance with all applicable governmental laws and in accordance with this Section. Tenant is solely responsible for obtaining, at Tenant’s expense, any and all governmental permits or approval (“Permits”) required to handle or use human cadavers at the Leased Premises. Tenant shall comply in all respects with all terms and conditions of such Permits, and Tenant will indemnify and hold Landlord completely harmless for its failure to do so. If requested by Landlord or any ground lessor, Tenant shall identify, in writing, any or all of Tenant’s Hazardous or Toxic Materials at the Leased Premises and their quantity(ies), purpose(s), method(s) of disposal and other related information reasonably requested and readily available. The rights and obligations contained in this Section 6.03 shall survive the expiration or other termination of this Lease.
Hazardous or Toxic Materials. Client acknowledges and agrees that Skyline’s scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event Skyline or any other party encounters asbestos or hazardous or toxic materials at the Project, or should it become known in any way that such materials may be present at the Project or any adjacent areas that may affect the performance of Skyline’s services, Skyline may, at their option, and without liability for consequential or any other damages, suspend performance of services on the Project until the Client retains appropriate specialist consultant(s) or contractor(s) to identify, xxxxx, and/or remove the asbestos or hazardous or toxic materials, and warrant that the jobsite is in full compliance with applicable laws and regulations.
Hazardous or Toxic Materials. No asbestos-containing material, heavy metal-containing paints/coating, or PCB-containing materials will be specified or used in construction, including but not limited to building materials, production processes and equipment, and utilities and other support processes and equipment. Consultant will communicate and enforce this prohibition with Subcontractors and will immediately bring any observed violation to Coke Florida’s attention. Consultant will provide a written certification at completion of any construction to Coke Florida confirming that no asbestos-containing material, heavy metal-containing paints/coating, or PCB-containing materials were specified or used in construction of the facility.
