Toxic and Hazardous Material Clause Samples
Toxic and Hazardous Material. A. If applicable, Tenant shall be fully responsible, at its own expense, for compliance with all laws and/or regulations governing the handling of Hazardous Materials or other substances used or stored on the Leased Premises in connection with Tenant’s business conducted therein. All hazardous or potentially Hazardous Materials shall be stored in proper containers and shall be further protected against spills by secondary containment facilities. Tenant shall not spill, introduce, discharge or bury any Hazardous Materials, substance or contaminant of any kind in, on, or under the Leased Premises or any portion thereof or any adjacent premises or into the ambient air. Tenant shall not permit the discharge of any Hazardous Materials into the sanitary or storm sewer or water system serving the Leased Premises or any adjacent premises or into any municipal or other governmental water system or storm and/or sanitary sewer system. Tenant shall employ all appropriate safeguards and procedures necessary or appropriate to protect such systems from contamination. Tenant shall undertake, at its expense, any necessary and/or appropriate cleanup process in connection with any breach of the foregoing covenants, and without limiting Tenant’s other indemnity or insurance obligations under this Lease. Tenant shall indemnify and hold harmless Landlord from and against all liability arising from any incident or occurrence on or about the Leased Premises pertaining to Hazardous Materials. The Tenant shall also indemnify and hold harmless Landlord from and against all liability arising from any incident or occurrence on any adjacent premises pertaining to Hazardous Materials which results from the acts or omissions of Tenant, its agents, employees, or invitees, during the term hereof. The obligations of Tenant under this section shall survive the termination of this Lease.
B. As used herein, “Hazardous Materials” shall include, without limitation, any chemical or other material which is or may become injurious to the public health, safety or welfare, or to the environment, flammable explosives, petroleum fractions, pesticides, radioactive materials, Hazardous Materials, regulated substances, hazardous or toxic substances, contaminating pollutants or related or similar materials, including by way of example and not limitation, substances or materials defined by any federal, state or local environmental law, ordinance, rule or regulation, including, without limitation, the Compre...
Toxic and Hazardous Material. CLIENT will provide QCL with all information, that is possessed or known to the CLIENT as to the potential occurrence of toxic or hazardous materials at the SITE being investigated. If unanticipated toxic or hazardous materials are encountered, QCL will stop the field operations and advise the CLIENT of alternative approaches and cost modifications. Field operations will not proceed until the CLIENT approves the changes. If the delay is in excess of one working day, QCL will be allowed to charge an additional mobilization and demobilization when the work continues. If agreement cannot be reached between QCL and the CLIENT on a revised scope of SERVICES or any additional fees, QCL may stop work and terminate the SERVICES without penalty. Should the SERVICES be terminated, QCL shall provide the CLIENT with the results of all completed field and laboratory work, but with no engineering analysis or SITE recommendations. The CLIENT shall pay for all mobilization, demobilization and completed work. If the Exhibit A fees are based on a lump sum price, the CLIENT shall pay for the completed SERVICES based on the current standard QCL geotechnical unit fee schedule. CLIENT agrees that if samples are determined to be hazardous that they must be discarded consistent with governmental regulations and the CLIENT will be charged a disposal fee at QCL’S actual cost plus 20% or in accordance with Exhibit A, whichever is less.