TOXIC OR HAZARDOUS MATERIALS. The Lessee shall not store, use, or dispose of any toxic or hazardous materials in, on, or about the Premises without the prior written consent of the Lessor. The Lessee shall be solely responsible for and shall defend, indemnify, and hold the Lessor, and its agents and employees, harmless from and against all claims, costs, and liabilities, including attorney's fees and expenses, arising out of or in connection with the Lessee’s storage, use, or disposal of any toxic or hazardous material in, on, or about the Premises. The Lessee's obligations under this paragraph shall survive the termination of this Agreement.
TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises without the prior written consent of Landlord. Tenant, at its sole cost, shall comply with all laws relating to Tenant's storage, use and disposal of hazardous or toxic materials. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the Tenant storage, use or disposal of any toxic or hazardous material in, on or about the Premises including, but not limited to, removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials on the Premises. Tenant's obligations under this paragraph shall survive the termination of this Lease.
TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use, or dispose of any toxic or hazardous materials in, on, or about the Leased Premises, without the prior written consent of Landlord. Tenant, at its sole cost, will comply with all laws relating to Tenant’s storage, use, and disposal of hazardous or toxic materials.
TOXIC OR HAZARDOUS MATERIALS. CRNF shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises in violation of any law without the prior written consent of CRRM. CRNF, at its sole cost, will comply with all laws relating to CRNF’s storage, use and disposal of hazardous or toxic materials. CRNF shall be solely responsible for and will defend, indemnify and hold CRRM, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney’s fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature affected, to their condition existing prior to contamination by CRNF, if and as may be required by applicable laws or regulations. CRNF’s obligations under this Section 14 will survive any expiration or termination of this Lease.
TOXIC OR HAZARDOUS MATERIALS. Should Contractor or Contractor’s subcontractors or their employees encounters any toxic or potentially hazardous materials then Contractor shall immediately halt work until such time that Contracting Party causes such condition(s) to be remediated by properly licensed specialists. All costs for remediation of toxic, hazardous, or potentially hazardous materials shall be borne by Contracting Party as additional costs.
TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any toxic or hazardous materials in violation of applicable laws in, on or about the Premises without the prior written consent of Landlord. Tenant, at its sole cost, will comply with all laws relating to Tenant's storage, use and disposal of hazardous or toxic materials. Tenant shall be solely responsible for and will defend, indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials which were placed or used or caused to be placed or used by the Tenant, its agents, employees, suppliers, guests, assigns or any person in its name or on its behalf, on the Premises. Tenant's obligations under this paragraph will survive the termination of this Lease. Tenant acknowledges that there may exist on the Premises certain known or unknown hazardous materials that were brought upon or caused to he brought upon the Premises by parties other than Landlord (Prior Contamination). Tenant further acknowledges that the Sealriglit Company, Inc., the entity from whom Landlord purchased the Premises, is currently remediating certain Prior Contamination under a Consent Order with the Kansas Department of Health & Environment (KDHE) in case 93-E-355. Tenant agrees to permit the continuance of the remediation for the time period and under the conditions required by the KDHE. Tenant also acknowledges that Landlord has advised Tenant that Landlord intends to conduct certain remediation on other Prior Contamination in certain areas of the Premises and Tenant agrees to permit the Landlord and or its agents to enter into the Premises to complete the remediation. Landlord agrees to indemnify and hold Tenant harmless against all losses, costs and expenses, including reasonable attorney's fees, which result from Tenant's liability to any person or entity (including governmental authorities) for any claims, judgments, penalties or fines which arise from the presence on the Premises of toxic or hazardous materials which were placed or used or caused to be placed or used on the Premises by the Landlord, its agents, employees, suppliers, guests, assigns or any person in its name or on...
TOXIC OR HAZARDOUS MATERIALS. Lessee shall not use, store or release onto the premises, or Lessor’s property, or adjacent or adjoining properties, or public property, or into sewers or drains within or outside the premises, any toxic or hazardous substances or materials, or other contaminants specifically prohibited, controlled or governed by local, state and/or federal laws. Lessee shall have the sole responsibility to detect and monitor the presence of any such toxic or hazardous substances or materials, or contaminants within the premises, and, in the event any such contamination is found within the premises, Lessee shall immediately (1) give written notice to Lessor and all appropriate governmental agencies of such contamination, together with written reports from environmental consultants or experts on the nature and extent of such contamination; and thereafter, without delay, (2) submit a remediation plan prepared or endorsed by a licensed environmental consultant or expert for approval of Lessor and all appropriate governmental agencies; (3) clean up the contaminants and remediate the premises, and all adjacent and adjoining property affected or contaminated, whether in whole or in part, by the contaminants released from the premises, at Lessee’s sole cost and expense in strict compliance with the remediation plan approved by Lessor and appropriate governmental agencies; (4) continue monitoring the premises and the affected adjacent or adjoining property for contaminants after remediation and perform all other clean up or remediation work or obligations directed or required by any governmental agency at Lessee’s sole cost and expense; and (5) procure a written release or confirmation from appropriate governmental agencies indicating that the premises, and all other property affected by the contamination, have been fully remediated and that no further action for the clean up or remediation of the premises, or the affected adjoining or adjacent property, is required. To avoid the spreading of contamination, or further contamination, Lessee acknowledges specifically that time is of the essence for Lessee’s performance of each of the foregoing acts in the event of discovery of contamination. Not withstanding of any provisions or elsewhere in this lease, Lessee’s veterinary clinic operation shall comply with all laws and regulations in accordance with prudent veterinarian practices relating to storage, use, transport and disposal of any medical and/or bio-waste, prescription drugs an...
TOXIC OR HAZARDOUS MATERIALS. To the best of Seller’s knowledge, except as otherwise set forth in any environmental reports or studies to be provided to Buyer pursuant to the provisions of the first sentence of Section 6.2 above, Seller is not aware of any Hazardous Materials on, in or under the Property. Except as otherwise set forth in any environmental reports or studies to be provided to Buyer pursuant to the provisions of the first sentence of Section 6.2 above, Seller did not cause any Hazardous Materials to be placed or released on the Property, or any portion thereof, in violation of applicable environmental laws. For purposes of this Agreement, “Hazardous Materials” shall mean any chemical, substance, waste or material which is deemed hazardous, toxic, a pollutant or a contaminant, under any federal, state or local statute, law, ordinance, rule, regulation or judicial or administrative order or decisions, now or hereafter in effect, or which has been shown to have significant adverse effects on human health or the environment. Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.; and those substances defined as “hazardous wastes” in Section 25117 of the California Health & Safety Code or as “hazardous substances” in Section 25316 of the California Health &Safety Code; in the regulations adopted and publications promulgated pursuant to such laws including Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30; and in the Hazardous Materials storage, use or discharge ordinances of Santa Xxxxx County, if any.
TOXIC OR HAZARDOUS MATERIALS. Except for any disclosures set forth in (i) that certain Environmental Site Assessment dated July 27,1995, prepared by HBC Engineering, Inc. ("Seller's Environmental Report"), and (ii) any environmental report prepared for Buyer in connection with its due diligence with respect to the Property, Seller has no knowledge of (1) the presence of any underground storage tanks at or under the Property, (2) any Material of Environmental Concern located on or at, or being released to or from, the Property in quantities sufficient to incur liability, or to require reporting or remedial work, under any Environmental Law or (3) any Environmental Claim pending or threatened with regard to the Property. Seller will construct the Improvements in accordance with the requirements of all applicable Environmental Laws.
TOXIC OR HAZARDOUS MATERIALS. The Tenant shall not store, use or remove any toxic or hazardous materials from the premises without the prior written consent of the Owner. 19.
