ISRA Compliance. Tenant shall, at Tenant's own expense, comply --------------- with ISRA, if applicable to Tenant. Tenant shall, at Tenant's own expense, make all submissions to, provide all information to, and comply with all applicable requirements of, the Bureau of Industrial Site Evaluation ("the Bureau") of the New Jersey Department of Environmental Protection ("NJDEP"). Should the Bureau or any other division of NJDEP determine that a cleanup plan be prepared and that a cleanup be undertaken because of any spills or discharges of hazardous substances or hazardous wastes at the Premises and not caused by Landlord which occur during the Term of this Lease, then Tenant shall, at the Tenant's own expense, prepare and submit the required plans and financial assurances, and carry out the approved plans. Tenant's obligations under this paragraph shall arise if there is any closing, terminating or transferring of operations of an industrial establishment at the Premises pursuant to ISRA. At no expense to the Landlord, Tenant shall promptly provide all information reasonably required by Landlord for preparation of non-applicability affidavits and shall promptly sign such affidavits when requested by Landlord. Tenant shall indemnify, defend and save harmless Landlord from all fines, suits, procedures, claims and actions of any kind arising out of or in any way connected with spills or discharges of hazardous substances or hazardous wastes at the Premises which occur during the Term of this Lease; and from all fines, suits, procedures, claims and actions of any kind arising out of Tenant's failure to provide all information, make all submissions and take all actions required by ISRA, the Bureau or any other division of NJDEP. Tenant's obligations and liabilities under this paragraph shall continue so long as Landlord remains responsible for any spills or discharges of hazardous substances or hazardous wastes at the Premises which occur during the Term of this Lease. Tenant's failure to abide by the terms of this paragraph shall be subject to equitable relief.
ISRA Compliance. Lessee shall, at Lessee's own expense, comply with the Industrial Site Recovery Act, N.J.
ISRA Compliance. A. Tenant shall, at Tenant's own expense, comply with the Industrial Site Recovery Act, N.J.
ISRA Compliance. Lessee shall, at Lessee’s own expense, comply with the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq., the regulations promulgated thereunder and any amending and successor legislation and regulations (“ISRA”).
ISRA Compliance. (a) Tenant shall, at Tenant’s own expense, comply with the Industrial Site Recovery Act, N.J.
ISRA Compliance. SECTION 35.01. Tenant acknowledges the existence of the New Jersey Industrial Site Recovery Act ("ISRA"). Tenant represents to Landlord that Tenant's Standard Industrial Classification (SIC) Number as used on Tenant's Federal Tax Return will not subject the Demised Premises to ISRA applicability under current laws and regulations. Any change by Tenant to an operation with an SIC number subject to ISRA shall require Landlord's written consent, which consent will not be unreasonably withheld. Any such proposed change shall be noticed in writing to Landlord sixty (60) days prior to the proposed change. Landlord, at its sole option, may deny consent to the change. Tenant agrees to execute such documents as Landlord reasonably deems necessary and to make such applications as Landlord reasonably requires to assure compliance with ISRA. Tenant shall bear all costs and expenses incurred by Landlord associated with any required ISRA compliance resulting from Tenant's use of the Demised Premises including but not limited to, state agency fees, engineering fees, clean-up costs, filing fees and suretyship expenses. As used in this Lease, ISRA compliance shall include applications for determinations of nonapplicability by the appropriate governmental authority. The foregoing undertaking shall survive the termination or sooner expiration of the Lease and surrender of the Demised Premises and shall also survive sale, or lease or assignment of the Demised Premises by Landlord. Tenant agrees to indemnify and hold Landlord harmless from the violation of ISRA occasioned by Tenant's use of the Demised Premises.
ISRA Compliance. Amneal and Impax acknowledge that the Transactions, including additional actions that may be contemplated to occur after the Closing, may require the parties thereto or their subsidiaries to comply with ISRA. If it is determined that ISRA compliance is required for the Transactions contemplated under this Agreement, each of Impax and Amneal shall provide to the other party documentation reasonably acceptable to the other that is sufficient to establish that the Closing complies with the requirements of ISRA, which may include, for any of the subject facilities, either (i) a Response Action Outcome (as defined by ISRA) letter, (ii) a NJDEP-approved de minimis quantity exemption under N.J. Admin Code §7.26B-5-9, (iii) an NJDEP-approved Remediation in Progress Waiver (as defined by ISRA), or (iv) a remediation certification, with a Remediation Funding Source (as defined by ISRA). If a remediation certification has been filed for any ISRA subject facilities, the Subsidiary that is the owner, lessee or operator of the facility (or appropriate Amneal entity, as mutually agreed to by the parties) shall be designated as the responsible party for all future actions necessary to comply with ISRA. Amneal and Impax shall reasonably cooperate with all actions taken by the other party or its Subsidiaries in furtherance of their ISRA obligations under this Section 6.15, including but not limited to signing any required certifications or submissions to NJDEP. If it is determined that ISRA compliance will be required for any post-closing actions, each of Impax and Amneal shall cooperate and cause its Subsidiaries to cooperate with the designated responsible party with regard to any actions required to comply with ISRA, including providing access to its facilities and record necessary for completion of site investigations, execution of required certifications, and completion and submission to NJDEP of such notices and applications as are reasonably necessary for the expeditious completion of the parties’ ISRA compliance obligations. It is understood that each party shall be responsible for its own ISRA compliance costs and expenses and that liability for site investigation or remediation, if any is required, shall remain the responsibility of the entity that is the owner, lessee or operator of the ISRA-subject property.
ISRA Compliance. The Company shall have delivered to Parent (i) a written determination from the New Jersey Department of Environmental Protection that the transaction contemplated by this Agreement is not subject to ISRA or (ii) written evidence reasonably satisfactory to Parent that the Company has complied with ISRA, which shall include, without limitation, a remediation in progress waiver, a negative declaration, a no further action letter or a remediation agreement.
ISRA Compliance. Section 18.01. Tenant acknowledges the existence of environmental laws, rules and regulation, including but not limited to the provisions of ISRA, as hereinafter defined. Tenant shall comply with any and all such laws, rules and regulations as applicable to the Premises. Tenant represents to Landlord that Tenant’s Standard Industrial Classification (SIC) Number as designated in the Standard Industrial Classification Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States will not subject the Premises to ISRA applicability. Any change by Tenant to an operation with an SIC Number subject to ISRA shall require Landlord’s written consent. Any such proposed change shall be sent in writing to Landlord sixty (60) days prior to the proposed change. Landlord, at its sole option, may deny consent. Tenant agrees not to generate, store, manufacture, refine, transport, treat, dispose of, or otherwise permit to be present on or about the Premises, any Hazardous Substances. As used herein, Hazardous Substances shall be defined as any “hazardous chemical,” “hazardous substance” or similar term as defined in the Comprehensive Environmental Responsibility Compensation and Liability Act, as amended (42 U.S.C. 9601, et seq.), the New Jersey Industrial Site Recovery Act, as amended, N.J.S.A. 13:1K-6 et seq. and/or the Industrial Site Recovery Act (“ISRA”), the New Jersey Spill Compensation and Control Act, as amended, N.J.S.A. 58:10- 23.11b, et seq., any rules or regulations promulgated thereunder, or in any other applicable federal, state or local law, rule or regulation dealing with environmental protection. It is understood and agreed that the provisions contained in this Section shall be applicable notwithstanding the fact that any substance shall not be deemed to be a Hazardous Substance at the time of its use by the Tenant but shall thereafter be deemed to be a Hazardous Substance. Tenant agrees to execute such documents as Landlord reasonably deems necessary and to make such applications as Landlord reasonably requires to assure compliance with ISRA. In addition, prior to the expiration of the Term, Tenant agrees to make such applications as are required to comply with ISRA in connection with closing, terminating or transferring operations or sale of the property or business entity of Landlord. Tenant shall bear all costs and expenses incurred by Landlord associated with any required ISRA compliance resulting ...
ISRA Compliance. The Company will comply with ISRA in connection with and as may be necessary to facilitate the consummation of the Transactions, including submitting to the NJDEP the necessary General Information Notice, retaining the Licensed Site Remediation Professional (and documenting the Licensed Site Remediation Professional retention with the NJDEP), and obtaining a Remediation in Progress Waiver or, as the alternative to the Remediation in Progress Waiver, submitting to the NJDEP a Remediation Certification or Response Action Outcome, prior to consummation of the Transaction (“ISRA Compliance”). If applicable, the Company will establish the necessary Remediation Funding Source in connection with the ISRA Compliance. The Company will keep Parent apprised and informed of the ISRA Compliance progress and provide regular updates to Parent (or more frequent updates if so requested by Parent), including providing drafts of submissions to the NJDEP for review by Parent prior to submission to the NJDEP. In connection with the Company’s obligation to keep Parent informed of the ISRA Compliance progress, at times mutually convenient for Parent, the Company and the Licensed Site Remediation Professional prior to the consummation of the Transactions, the Company will make available to Parent and its Representatives, with participation by Company Representatives, the Licensed Site Remediation Professional retained by the Company in connection with the ISRA Compliance. With respect to the information disclosed pursuant to this Section 5.4, Parent will comply with, and will instruct the applicable Representatives of Parent to comply with, all of their respective confidentiality obligations under the Confidentiality Agreement. All capitalized terms used in this Section 5.4 not otherwise defined in this Agreement will have the same meaning as in ISRA.
