Common use of Prior Contamination Clause in Contracts

Prior Contamination. If Tenant can demonstrate to the reasonable ------------------- satisfaction of Landlord that a release of Hazardous Substances occurred on the Premises prior to the date on which Tenant took possession of the Premises and that such release was not the result of the activities of Tenant or its employees, agents, subtenants, licensees, contractors, subcontractors or invitees ("Prior Contamination"), then Landlord agrees that it shall not seek to recover from Tenant (either directly or as part of the Included Operating Costs) any costs incurred by Landlord in connection with such Prior Contamination (including any investigation, remediation and disposal costs associated therewith.

Appears in 1 contract

Sources: Lease (Numerical Technologies Inc)

Prior Contamination. If Tenant can demonstrate to the reasonable ------------------- satisfaction of Landlord that a release of Hazardous Substances occurred on the Premises prior to the date on which Tenant took possession of the Premises and that such release was not the result of the activities of Tenant or its employees, agents, subtenants, licensees, contractors, subcontractors or invitees ("Prior Contamination"), then Landlord agrees that it shall not seek to recover from Tenant (either directly or as part of the Included Operating Costs) any costs incurred by Landlord in connection with such Prior Contamination (including any investigation, remediation and disposal costs associated therewith).

Appears in 1 contract

Sources: Lease (Navisite Inc)