Presence of Hazardous Materials. If Developer, in carrying out any environmental assessments as provided in the preceding Section 5.6 of this agreement, learns of the presence of Hazardous Materials, as that term is defined in the following Section 16.1.6 of this agreement, Developer, at its sole option, may either accept the Land AS IS, and assume the responsibility to remediate the Hazardous Materials to the extent necessary at Developer’s expense, or Developer may by written notice to the City given on or prior to the terminate this agreement, or, with the written consent of the City, amend this agreement to delete the contaminated areas. In the event any inspection or assessment indicates the presence of Hazardous Materials. Developer shall give the City prior written notice of any planned environmental assessments, including the scope of the assessment and the specific sites or locations to be investigated. Developer shall provide City with a copy of all environmental assessments of the Park performed by Xxxxxxxxx, or on its behalf. Unless a pre-existing Environmental Condition, as defined below, affecting the Land has been identified and documented, it shall be presumed that the Environmental Condition arose during the term of this agreement.
Presence of Hazardous Materials or Hazardous Materials Contamination. To the best of each Borrower's knowledge, (a) no Hazardous Materials are located on any real property owned, controlled or operated by any Borrower or for which any Borrower is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by a Borrower in the ordinary course of its current line of business and stored, used and disposed of in accordance with applicable Laws; and (b) no property owned, controlled or operated by any Borrower or for which any Borrower has, or is claimed to have, responsibility has ever been used as a manufacturing, storage, or dump site for Hazardous Materials nor is affected by Hazardous Materials Contamination at any other property.
Presence of Hazardous Materials. California Law requires landlords to disclose to tenants the presence or potential presence of certain Hazardous Materials. Accordingly, Tenant is hereby advised that Hazardous Materials (as herein defined) may be present on or near the Premises, including, but not limited to, vehicle fluids, janitorial products, tobacco smoke, and building materials containing chemicals, such as asbestos, naturally-occurring radionuclides, lead and formaldehyde. Further, the Hazardous Materials described in the reports listed in Exhibit F, copies of which have been delivered to or made available to Tenant, are known to be on or near the property. By execution of this Lease, Tenant acknowledges that the notice set forth in this section satisfies the requirements of California Health and Safety Code Section 25359.7 and related Laws. Tenant must disclose the information contained in this Section 17.9 to any subtenant, licensee, transferee, or assignee of Tenant's interest in this Lease. Tenant also acknowledges its own obligations pursuant to California Health and Safety Code Section 25359.7 as well as the penalties that apply for failure to meet such obligations.
Presence of Hazardous Materials. Do you know of the previous or current presence of any of the below identified hazardous materials on the property? Yes No Unknown
Presence of Hazardous Materials. If at any point during construction of the Tenant Improvements, the Premises and/or the Common Areas reasonably anticipated to be utilized by Tenant during the Lease term are determined to contain Hazardous Materials in violation of applicable Legal Requirements, Landlord, at Landlord’s sole cost and expense, shall remove, encapsulate, contain, or otherwise dispose of such hazardous materials in accordance with applicable Legal Requirements. Any delay incurred by Tenant in the design or construction of the Tenant Improvements because of the presence of Hazardous Materials shall constitute a Landlord Delay for purposes of Paragraph 4.h. above.
Presence of Hazardous Materials. If, at any point during the Lease term after Delivery of an Additional Premises Floor (including, without limitation, during construction of the Tenant Improvements therein), the subject Additional Premises Floor is determined to have contained Hazardous Materials in violation of applicable Legal Requirements as of the date of Delivery of such Additional Premises Floor, Landlord, at Landlord’s sole cost and expense, shall remove, encapsulate, contain, or otherwise dispose of such Hazardous Materials in accordance with applicable Legal Requirements. Any delay incurred by Tenant in the design or construction of the Tenant Improvements because of the presence of such Hazardous Materials (and/or Landlord’s subsequent removal, encapsulation, containment of the same pursuant to the foregoing) shall constitute a Landlord Delay for purposes of Paragraph 2.f. above.
Presence of Hazardous Materials or Hazardous -------------------------------------------- Materials Contamination. ------------------------ To the best of each Borrower's knowledge, (a) no Hazardous Materials are located on any real property owned, controlled or operated by of any Borrower or for which any Borrower is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by a Borrower in the ordinary course of its current line of business and stored, used and disposed in accordance with applicable Laws and as otherwise permitted under Section 6.1.12 of this Agreement; and (b) no property owned, controlled or operated by any Borrower or for which any Borrower has, or is claimed to have, responsibility has ever been used as a manufacturing, storage, or dump site for Hazardous Materials nor is affected by Hazardous Materials Contamination at any other property.
Presence of Hazardous Materials. California Law requires landlords to disclose to Licensees the presence or potential presence of certain Hazardous Materials. Accordingly, Licensee is hereby advised that Hazardous Materials (as herein defined) may be present on or near the License Area, including, but not limited to vehicle fluids, lead and other contaminants commonly associated with street operations. By execution of this License, Licensee acknowledges that the notice set forth in this Section satisfies the requirements of California Health and Safety Code Section 25359.7 and related Laws. Licensee must disclose the information contained in this Section to any sublicensee, licensee, transferee, or assignee of Licensee's interest in this License. Licensee also acknowledges its own obligations pursuant to California Health and Safety Code Section 25359.7 as well as the penalties that apply for failure to meet such obligations.
Presence of Hazardous Materials. California Law requires landlords to disclose to tenants the presence or potential presence of certain Hazardous Materials. Accordingly, HSH is hereby advised that Hazardous Materials (as herein defined) may be present on or near the Premises, including, but not limited to, vehicle fluids, janitorial products, tobacco smoke, and building materials containing chemicals, such as asbestos, naturally-occurring radionuclides, lead and formaldehyde. Further, the following known Hazardous Materials are present on the property: asbestos in building, if any, as described in Schedule 1 attached hereto, naturally occurring asbestos, contamination commonly found in fill, petroleum contamination, lead-based paint, etc. and the Hazardous Materials described in the reports listed in Schedule 4, copies of which have been delivered to or made available to HSH. By execution of this MOU, HSH acknowledges that the notice set forth in this Section satisfies the requirements of California Health and Safety Code Section 25359.7 and related Laws. HSH must disclose the information contained in this Section 17.9 to any licensee, transferee, or assignee of HSH's interest in this MOU. HSH also acknowledges its own obligations pursuant to California Health and Safety Code Section 25359.7 as well as the penalties that apply for failure to meet such obligations.
Presence of Hazardous Materials or Hazardous Materials Contamination. Except as disclosed on Schedule 3.1.20 attached hereto and made a part hereof, to the best of the Borrower's knowledge, (a) no Hazardous Materials are located on any real property owned, controlled or operated by the Borrower or for which the Borrower is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by the Borrower in the ordinary course of its current line of business and stored, used and disposed in accordance with applicable Laws; and (b) no property owned, controlled or operated by the Borrower or for which the Borrower has, or is claimed to have, responsibility has ever been used as a manufacturing, storage, or dump site for Hazardous Materials nor is affected by Hazardous Materials Contamination at any other property.
