USE OF PROPERTY BY TENANT. Tenant hereby agrees that Tenant and Tenant’s officers, employees, representatives, agents, consultants, contractors, subcontractors, successors, assigns, subtenants, concessionaires, invitees and any other occupants of the Property (for purposes of this Paragraph 8, referred to collectively herein as “Tenant Representatives”) shall not cause or permit any Hazardous Materials to be disposed of, on, under or about the Property. Tenant shall only be permitted to use and store such Hazardous Material on or about the Premises as are necessary or reasonably required for Tenant’s business related to manufacturing (“Permitted Hazardous Materials”). Tenant will follow all rules, regulations and safeguards as may be required by any insurance carrier, federal, state or local agency related to such Permitted Hazardous materials and all such Hazardous Materials will be stored, used and disposed of in a manner that complies with all Hazardous Materials Laws regulating such Hazardous Materials and with good business practices. Within sixty (60) days after the end of each calendar year, Tenant shall make available for Landlord’s inspection a list of all Permitted Hazardous Materials used or stored on or about the Property during the immediately preceding calendar year. Tenant shall at its own expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for the storage or use by Tenant or any of Tenant’s Representatives of Hazardous Materials on the Property, including without limitation, discharge of (appropriately treated) materials or wastes into or through any sanitary sewer serving the Property with all required permits. Tenant shall be entitled to use and store in the Property common cleaning solutions, lubricants and fuels used by Tenant in its ordinary operations, so long as the same are stored in appropriate containers in compliance with all Hazardous Materials Laws.
Appears in 1 contract
Sources: Lease Agreement (Invacare Corp)
USE OF PROPERTY BY TENANT. Tenant hereby agrees that Tenant and Tenant▇▇▇▇▇▇’s officers, employees, and agents shall not cause or permit, and Tenant shall use commercially reasonable efforts to cause its representatives, agents, consultants, contractors, subcontractors, successors, assigns, subtenants, concessionaires, invitees and invitees, any other occupants of the Property Property, and any others acting for or on behalf of Tenant (for purposes of this Paragraph 8collectively, referred to collectively herein as “Tenant Representatives”) shall to not cause or permit permit, any Hazardous Materials to be used, generated, manufactured, refined, produced, processed, stored or disposed of, on, under or about the Property. Property or transport to or from the Property unless consistent with the Permitted Use and in compliance with Hazardous Materials Laws, which Tenant shall only comply with during the Term. Notwithstanding the above, Tenant shall be permitted to use and store on the Property: (i) any products, lubricants, fuels or other materials consistent with Tenant’s Permitted Use; (ii) reasonable quantities of consumer cleaning products and other over-the-counter consumer products as are reasonably necessary to clean and maintain the Property, without first being required to obtain the Landlord’s prior written consent; and (iii) other materials approved by Landlord in writing (which approval shall not be unreasonably withheld provided that Tenant provides Landlord with evidence that the use of such other materials shall be in compliance with Hazardous Materials Laws); provided, however, that Tenant stores the foregoing items in appropriate containers and in appropriate areas and complies with all Hazardous Materials Laws with respect thereto. Subject to the foregoing, Landlord may, in its sole discretion, place reasonable conditions with respect to such Hazardous Material on or about the Premises as Materials, which are necessary or reasonably required for Tenant’s business related to manufacturing (“Permitted Hazardous Materials”). Tenant will follow all reasonable rules, regulations and safeguards as may be required by any insurance carrier, federalenvironmental consultant or lender of Landlord, state or local agency related environmental consultant retained by any lender of Landlord. Tenant understands that Landlord may utilize an environmental consultant to such Permitted Hazardous materials assist in determining conditions of approval and all such monitoring in connection with the presence, storage, generation or use of Hazardous Materials will on or about the Property by ▇▇▇▇▇▇, provided that Landlord shall pay all costs of such review, except that ▇▇▇▇▇▇ agrees that any costs reasonably incurred by Landlord in connection with any such environmental consultant’s services shall be storedreimbursed by Tenant to Landlord upon demand if the consultant has identified a violation of this Paragraph 8 by Tenant and reasonably documented such violation. Landlord shall require (i) any environmental consultant performing such review to maintain the confidentiality of information provided to it that is identified as confidential (subject to any exceptions in this Lease Agreement applicable to Landlord with respect to confidential information), used and disposed (ii) any environmental consultant entering the Property on behalf of in a manner that complies Landlord to comply with Paragraph 18. Tenant shall comply with all Hazardous Materials Laws regulating such Hazardous Materials and with good affecting the Property, the business practices. Within sixty (60) days after the end conducted thereon by Tenant or any of each calendar yearTenant’s Representatives, Tenant shall make available for Landlord’s inspection a list of all Permitted Hazardous Materials used or stored any activity or condition on or about in the Property during the immediately preceding calendar yearTerm. In connection therewith, Tenant shall at its own expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for the storage or use by Tenant or any of Tenant’s Representatives of Hazardous Materials on the Property, including without limitation, discharge of (appropriately treated) materials or wastes into or through any sanitary sewer serving the Property with all required permits. Tenant shall be entitled to use and store in the Property common cleaning solutions, lubricants and fuels used by Tenant in its ordinary operations, so long as the same are stored in appropriate containers in compliance with all Hazardous Materials Laws.
Appears in 1 contract
Sources: Lease Agreement (Faraday Future Intelligent Electric Inc.)