Common use of Reportable Use Clause in Contracts

Reportable Use. Tenant shall not engage in any activity in, on or about the Property that constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Landlord and compliance in a timely manner, at Tenant's sole cost and expense, with all Applicable Law (as defined hereinafter). Reportable Use shall mean (I) the installation or use of any above or below ground storage tank (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report and notice, registration or business plan is required to be filed with any governmental authority. Reportable Use shall also include Tenant's being responsible for the presence in, on or about the Property of a Hazardous Substance with respect to which any Applicable Law requires that a notice be given to persons entering or occupying the Property or neighboring properties. Notwithstanding the foregoing, Tenant may, without Landlord's prior consent, but in full compliance with all Applicable Law, use, generate and store any ordinary and customary materials reasonably required to be used by Tenant in the normal course of Tenant's business permitted on the Property by the terms of this Lease, so long as such use does not expose the Property or neighboring properties to any risk of contamination or damage or expose Landlord to any liability therefor. In addition Landlord may (but without any obligation to do so) condition its consent to the use or presence of any Hazardous Substance, activity or storage tank by Tenant upon Tenant's giving Landlord such additional assurances as Landlord, in its sole discretion, deems necessary to protect itself, the public, the Property, the Improvements and the environment against damage, contamination or injury and/or liability therefrom or therefor, including, but not limited to, the installation (and removal on or before the expiration of the term of the Lease or earlier termination) of reasonably necessary protective modifications to the Property and the Improvements and/or the disposal and/or the deposit of a security deposit or increase thereof.

Appears in 1 contract

Sources: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings)

Reportable Use. Except as required in connection with the ordinary course of operating Tenant’s business in a manner consistent with the Permitted Use of the Premises, Tenant shall not engage in any activity in, on or about the Property that Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Landlord and compliance in a timely manner, manner (at Tenant's ’s sole cost and expense, ) with all Applicable Law (as defined hereinafter)applicable laws. Reportable Use Use” shall mean (Ii) the installation or use of any above or below ground storage tank tank, (ii) the generation, possession, storage, usestorage of, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report and report, notice, registration or business plan is required to be filed with any governmental authority. Reportable Use shall also include Tenant's ’s being responsible for the presence in, on or about the Property he Premises of a Hazardous Substance with respect to which any Applicable Law applicable law requires that a notice be given to persons entering or occupying the Property Premises, the Building or neighboring properties. Notwithstanding the foregoing, Tenant mayshall be permitted, without Landlord's ’s prior consent, but in full compliance with all Applicable Lawapplicable laws, use, generate and store to use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of Tenant's ’s business permitted on the Property by the terms of this LeasePremises, so long as such use is not a Reportable Use and does not expose the Property Premises, the Building or neighboring properties to any meaningful risk of contamination or damage or expose Landlord to any liability thereforthereof. In addition addition, Landlord may (but without any obligation to do so) , condition its consent to the use or presence of any Hazardous Substance, activity or storage tank by Tenant upon Tenant's Tenant giving Landlord such additional assurances as Landlord, in its sole reasonable discretion, deems necessary to protect itself, the public, the PropertyPremises, the Improvements Building, the Complex and the environment against damage, contamination or injury and/or liability therefrom or therefor, including, ; but not limited to, the installation (and removal on or before the Lease’s expiration of the term of the Lease or earlier termination) of reasonably necessary protective modifications to the Property and the Improvements and/or the disposal and/or Premises (such as concrete encasements); the deposit of a security deposit or increase in an amount reasonably determined by Landlord to be held by Landlord under this Lease for assurance thereof; the purchase, at Tenant’s expense, of additional insurance covering such risks.

Appears in 1 contract

Sources: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Reportable Use. Tenant Lessee shall not engage in any activity in, on or about the Property that Leased Premises which constitutes a Reportable Use (as hereinafter Hereinafter defined) of Hazardous Substances without the express prior written consent of Landlord Lessor and compliance in a timely manner, manner (at Tenant's Lessee’s sole cost and expense, ) with all Applicable Law (as defined hereinafter)applicable laws. Reportable Use Use” shall mean (Ii) the installation or use of any above or below ground storage tank tank, (ii) the generation, possession, storage, usestorage of, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report and report, notice, registration or business plan is required to be filed with any governmental authority. Reportable Use shall also include Tenant's being responsible for the presence in, on or about the Property of a Hazardous Substance with respect to which any Applicable Law requires that a notice be given to persons entering or occupying the Property or neighboring properties. Notwithstanding the foregoing, Tenant mayLessee shall be permitted, without Landlord's Lessor’s prior consent, but in full compliance with all Applicable Lawapplicable laws, use, generate and store to use any ordinary and customary materials reasonably required to be used by Tenant Lessee in the normal course of Tenant's Lessee’s business permitted on the Property by the terms of this LeaseLeased Premises, so long as such use is not a Reportable Use and does not expose the Property Leased Premises or neighboring properties to any meaningful risk of contamination or damage or expose Landlord Lessor to any liability therefor. In addition Landlord addition, Lessor may (but without any obligation to do so) ), condition its consent to the use or presence of any Hazardous Substance, activity or storage tank by Tenant Lessee upon Tenant's Lessee giving Landlord Lessor such additional assurances as LandlordLessor, in its sole reasonable discretion, deems necessary to protect itself, the public, the Property, the Improvements Leased Premises and the environment against damage, contamination or injury and/or liability therefrom or therefor, including, including but not limited to, the installation (and removal on or before the Lease’s expiration of the term of the Lease or earlier termination) of reasonably necessary protective modifications to the Property and the Improvements and/or the disposal Leased Premises (such as concrete encasements) and/or the deposit of a security deposit or increase in an amount reasonably determined by Lessor to be held by Lessor under this Lease for assurance thereof.

Appears in 1 contract

Sources: Land Sublease Agreement (Orion Marine Group Inc)