Common use of Obligation to Remediate Clause in Contracts

Obligation to Remediate. In the event Hazardous Materials are discovered upon, in, under, or migrated from the Premises, Building, Land, or Park Common Areas, and the applicable governmental agency or entity having jurisdiction over the Premises requires the removal of such Hazardous Materials arising out of or related to the use or occupancy of the Premises, Building, Land, or Park Common Areas by Tenant or its agents, affiliates, customers, employees, business associates or assigns, but not those of its predecessors, Tenant shall at its sole cost and expense remove such Hazardous Materials, and perform any remediation or other action required by the applicable governmental agency or reasonably required by Landlord necessary to make full economic use of the Project. Notwithstanding the foregoing, Tenant shall not take any remedial action in or about the Premises, the Building, the land, or the Park Common Areas, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Material in any way connected with the Premises, the Building, the Land, or the Park Common Areas without first notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. Tenant immediately shall notify Landlord in writing of: (i) any spill, release, discharge, or disposal of any Hazardous Material in, on, or under the Premises, the Building, the Land, or the Park Common Areas, or any portion thereof; (ii) any enforcement, cleanup, removal or other governmental or regulatory action instituted, contemplated, or threatened pursuant to any Hazardous Material Laws; (iii) any claim made or threatened by any person against Tenant, the Premises, the Building, the Land, or the Park Common Areas relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iv) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or removed from the Premises, the Building, the Land, or the Park Common Areas, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant also shall supply to Landlord as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings, or asserted violations relating in any way to the Premises, the Building, the Land, or the Park Common Areas, or Tenant’s use thereof.

Appears in 1 contract

Samples: Lease Agreement (Summit Semiconductor Inc.)

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Obligation to Remediate. In the event that Hazardous Materials are discovered upon, in, under, or migrated from under the Premises, Building, Land, or Park Common Areas, and (i) the applicable governmental agency or entity having jurisdiction over the Premises requires the removal of such Hazardous Materials arising and (ii) the presence of such Hazardous Materials arise out of or related to the use or occupancy of the Premises, Building, Land, or Park Common Areas Premises by Tenant or its agents, affiliates, customers, employees, business associates or assigns, but not those of its predecessors, Tenant shall at its sole cost and expense shall remove such Hazardous Materials, and perform any remediation or other action required by the applicable governmental agency or reasonably required by Landlord necessary to make full economic use of the ProjectProperty. Notwithstanding the foregoing, Tenant shall not take any remedial action in or about the Premises, the Building, the land, Premises or the Park Common AreasProperty, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Material in any way connected with the Premises, the Building, the Land, Premises or the Park Common Areas Property without first notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. Tenant immediately shall notify Landlord in writing of: (i) any spill, release, discharge, discharge or disposal of any Hazardous Material in, on, on or under the Premises, the Building, the Land, or the Park Common Areas, Property or any portion thereof; (ii) any enforcement, cleanup, removal or other governmental or regulatory action instituted, contemplated, or threatened pursuant to any Hazardous Material Materials Laws; (iii) any claim made or threatened by any person against Tenant, the Premises, the Building, the Land, or the Park Common Areas Property relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iv) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or removed from the Premises, the Building, the Land, Premises or the Park Common AreasProperty, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant also shall supply to Landlord as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings, warnings or asserted violations relating in any way to the Premises, the Building, the Land, or the Park Common Areas, Property or Tenant’s use thereof.

Appears in 1 contract

Samples: Lease (Bazaarvoice Inc)

Obligation to Remediate. In the event If Hazardous Materials are discovered upon, in, under, or migrated from the Premises, Building, Land, Premises or Park Common Areasthe Project, and the applicable governmental agency or entity having jurisdiction over the Premises or the Project requires the removal of such Hazardous Materials arising out of or related to the use or occupancy or use of the Premises, Building, Land, Premises or Park Common Areas Project by Tenant or its agents, affiliates, customers, employees, business associates or assigns, but not those of its predecessorsany Tenant Party, Tenant shall at its sole cost and expense remove such Hazardous Materials, and perform any remediation or other action required by the applicable governmental agency or reasonably required by Landlord necessary to make full economic use of the Project. Notwithstanding the foregoing, Tenant shall not take any remedial action in or about the Premises, the Building, the land, Premises or the Park Common AreasProject, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Material in any way connected with the Premises, the Building, the Land, Premises or the Park Common Areas Project without first notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. Tenant immediately shall notify Landlord in writing of: (ia) any spill, release, discharge, or disposal of any Hazardous Material in, on, or under the Premises, the Building, the Land, Premises or the Park Common AreasProject, or any portion thereof; (iib) any enforcement, cleanup, removal or other governmental or regulatory action instituted, contemplated, or threatened pursuant to any Hazardous Material Laws; (iiic) any claim made or threatened by any person against Tenant, the Premises, the Building, the Land, Premises or the Park Common Areas Project relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (ivd) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or removed from the Premises, the Building, the Land, Premises or the Park Common AreasProject, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant also shall supply to Landlord as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings, or asserted violations relating in any way to the Premises, the Building, the Land, Premises or the Park Common AreasProject, or Tenant’s use thereof.

Appears in 1 contract

Samples: Office Lease (Redfin CORP)

Obligation to Remediate. In the event that Hazardous Materials are discovered upon, in, under, or migrated from under the Premises, Building, Land, or Park Common Areas, and the applicable governmental agency or entity having jurisdiction over the Premises requires the removal of such Hazardous Materials arising out of or related to the use or occupancy of the Premises, Building, Land, or Park Common Areas Premises by Tenant or its agents, affiliates, customers, employees, business associates or assigns, but not those of its predecessors, Tenant shall at its sole cost and expense remove such Hazardous Materials, and perform any remediation or other action required by the applicable governmental agency or reasonably required by Landlord necessary to make full economic use of the ProjectProperty. Notwithstanding the foregoing, Tenant shall not take any remedial action in or about the Premises, the Building, the land, Premises or the Park Common AreasProperty, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Material in any way connected with the Premises, the Building, the Land, Premises or the Park Common Areas Property without first notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. Tenant immediately shall notify Landlord in writing of: (i) any spill, release, discharge, discharge or disposal of any Hazardous Material in, on, on or under the Premises, the Building, the Land, or the Park Common Areas, Property or any portion thereof; (ii) any enforcement, cleanup, removal or other governmental or regulatory action instituted, contemplated, or threatened pursuant to any Hazardous Material Materials Laws; (iii) any claim made or threatened by any person against Tenant, the Premises, the Building, the Land, or the Park Common Areas Property relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iv) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or removed from the Premises, the Building, the Land, Premises or the Park Common AreasProperty, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant also shall supply to Landlord as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings, warnings or asserted violations relating in any way to the Premises, the Building, the Land, or the Park Common Areas, Property or Tenant’s use thereof.

Appears in 1 contract

Samples: Office Lease (Catabasis Pharmaceuticals Inc)

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Obligation to Remediate. In the event If Hazardous Materials (other than the Contamination) are discovered upon, in, under, or migrated from the Premises, Building, Land, Premises or Park Common Areasthe Project, and the applicable governmental agency or entity having jurisdiction over the Premises or the Project requires the removal of such Hazardous Materials arising out of or related to the use or occupancy or use of the Premises, Building, Land, Premises or Park Common Areas Project by Tenant or its agents, affiliates, customers, employees, business associates or assigns, but not those of its predecessorsany Tenant Party, Tenant shall at its sole cost and expense remove such Hazardous Materials, and perform any remediation or other action required by the applicable governmental agency or reasonably required by Landlord necessary to make full economic use of the Project. Notwithstanding the foregoing, Tenant shall not take any remedial action in or about the Premises, the Building, the land, Premises or the Park Common AreasProject, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Material in any way connected with the Premises, the Building, the Land, Premises or the Park Common Areas Project without first notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. Tenant immediately shall notify Landlord in writing of: (ia) any spill, release, discharge, or disposal of any Hazardous Material in, on, or under the Premises, the Building, the Land, Premises or the Park Common AreasProject, or any portion thereof, by Tenant or any Tenant Party; (iib) any enforcement, cleanup, removal or other governmental or regulatory action instituted, contemplated, or threatened pursuant to any Hazardous Material LawsLaws attributable to Tenant or any Tenant Party; (iiic) any claim made or threatened by any person against Tenant, the Premises, the Building, the Land, Premises or the Park Common Areas Project relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (ivd) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or removed from the Premises, the Building, the Land, Premises or the Park Common AreasProject, including any complaints, notices, warnings, reports or asserted violations in connection therewiththerewith attributable to Tenant or any Tenant Party. Tenant also shall supply to Landlord as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings, or asserted violations relating in any way to the Premises, the Building, the Land, Premises or the Park Common AreasProject, or Tenant’s use thereofthereof attributable to Tenant or any Tenant Party.

Appears in 1 contract

Samples: Office Lease (Tableau Software Inc)

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