Permitted Hazardous Materials. 10 Premises ....................................................................
Permitted Hazardous Materials. Notwithstanding any other provision of this Lease, Tenant shall be permitted to use, generate, manufacture, produce and store in, and transport to and from the Premises Hazardous Materials so long as: (a) each of the Hazardous Materials is used, generated, manufactured, produced or stored in, or transported to and from, the Premises only to the extent necessary for Tenant's operation of its business at the Premises, and (b) the conditions set forth in this Section 8.4 are complied with.
Permitted Hazardous Materials. Notwithstanding anything to the contrary herein, Landlord agrees that Tenant shall be permitted to conduct industry-standard procedures for oncological testing and analysis in the Premises, including standard tests requiring the use of radioactive materials, provided, however, that the use and storage complies with all laws . Prior to the use of any Hazardous Material in the Premises and at such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material proposed or then used, stored, or maintained upon the Premises, the use and approximate quantity of each such material, a copy of any material safety data sheet (“MSDS”) issued by the manufacturer thereof, written information concerning the removal, transportation, and disposal of the same, and such other information as Landlord may reasonably require or as may be required by law. Tenant agrees unconditionally to indemnify, defend, protect, and hold Landlord harmless against any claims, liabilities, demands, losses, damages, consequential damages, and the like, including reasonable attorneys’ fees and court costs (collectively “Claims”) that may be maintained, claimed, or asserted against Landlord as a result of Tenant’s use of or the presence of Hazardous Materials introduced by Tenant in the Premises.
Permitted Hazardous Materials. LEASE THIS LEASE is made as of this 19th day of December, 1997, by and between STANFORD RANCH I, LLC (hereinafter called "Landlord") and SPECTRIAN CORPORATION (hereinafter called "Tenant").
Permitted Hazardous Materials. 10 PREMISES..........................................................
Permitted Hazardous Materials. 11 Premises............................................................ 3 Project............................................................. 3 Property............................................................ 3
Permitted Hazardous Materials. Landlord acknowledges that it is not the intent of this Section 6.3 to prohibit Tenant from operating its business as described in Section 1.8 of the Summary above. Tenant may use, store, handle and generate Hazardous Materials to operate its business according to the custom of the industry of the Permitted Use so long as the use or presence of any Hazardous Material is strictly and properly monitored and accomplished according to all applicable governmental requirements and in accordance with all Environmental Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Commencement Date a list identifying each type of Hazardous Material to be present on the Premises and setting forth any and all governmental approvals or permits required in connection with the presence of such Hazardous Material on the Premises ("Hazardous Materials List"). Tenant shall deliver an updated list before any new Hazardous Material is brought onto the Premises or on or before the date Tenant obtains any additional permits or approvals for Hazardous Materials. Landlord shall have the right to refuse such Hazardous Materials and cause Tenant to promptly remove them from the Premises in the event that (i) any use of the Premises by Tenant involves the generation or storage, use, treatment or disposal of Hazardous Material in a manner or for a purpose prohibited at the Premises by order of any applicable governmental agency or authority; (ii) Tenant has been required by any lender or governmental authority to take remedial action in connection with Hazardous Material contaminating the Premises if the contamination resulted from Tenant's actions or use of the Premises (unless Tenant is diligently seeking compliance with such remedial action); or (iii) Tenant is in violation of 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). Landlord shall have the right to have an environmental audit of the Premises to be conducted within ninety (90) days prior to the scheduled expiration date of this Lease, or at termination of this Lease, if the Lease is terminated on a date other than the scheduled termination date. If a violation of applicable Environmental Law is discovered and such violation was caused by Tenant ...
Permitted Hazardous Materials. Section 7.2(d).........................30
Permitted Hazardous Materials. To the extent permitted by the Master Lease, Sublessee shall be permitted to use on the subleased Premises usual and customary
Permitted Hazardous Materials. Tenant requires the use of certain Hazardous Materials for the normal operation of its business. These Hazardous Materials will be limited to the listed materials included in Exhibit G, attached hereto and incorporated herein by this reference (the “Permitted Hazardous Materials”), unless additional consent is obtained pursuant to Section 10.14. Landlord consents to Tenant’s use and storage of the Permitted Hazardous Materials upon the Premises, provided that Tenant shall at all times use, store and dispose of such Permitted Hazardous Materials in a manner consistent with industry standards and in compliance with all applicable laws, regulations, rules and ordinances. Tenant shall also provide a report to the Landlord prepared by an industrial hygienist or other qualified person, which shall include, a disclosure of all required laws, regulations, rules and ordinances applicable to such materials and “Right to Know” obligations for such materials as may be imposed by federal, state or local laws. Such report shall also include a description and discussion of safe use and storage of such materials and other information, which may related to the health and safety of the Property and tenants of the Property with regard to Tenant’s use and storage of such materials. Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses, which may arise either directly or indirectly from Tenant’s use, storage and/or disposal of Permitted Hazardous Materials.
