Landlord Hazardous Materials definition

Landlord Hazardous Materials. (A) Hazardous Materials existing in the Project as of the Commencement Date, or (B) Hazardous Materials introduced into the Project subsequent to the Commencement Date, where the same was not caused by Tenant or any of the Tenant Parties. Landlord shall defend, reimburse, and hold Tenant and Tenant’s members, partners, officers, directors, shareholders, employees, agents, successors and assigns (collectively, “Tenant Indemnified Parties”) harmless from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs) which arise or result from the presence of Landlord Hazardous Materials on, in, under or about the Premises or any other portion of the Project including, without limitation, the cost of remediation of Landlord Hazardous Materials. The provisions of this Section 6.4 will survive the expiration or earlier termination of this Lease. Unless a determination is made by a court of law or governmental authority exercising jurisdiction with respect to an Environmental Law that Tenant and/or any Tenant’s Parties is/are the source of a release of Hazardous Materials on, under or emanating from the Premises and/or are otherwise caused by the acts or omission of Tenant or any Tenant’s Parties, if Hazardous Materials are discovered to be present on, under or emanating from the Premises, or onto the Premises, Landlord shall, subject to this Section 6.4, immediately undertake Corrective Action with respect to the presence of such Hazardous Materials to the extent required by Environmental Laws at Landlord’s sole cost. As used in this Lease, “Corrective Action” shall mean any investigation and/or active response action, including without limitation active or passive remediation and monitoring or any combination of these activities.
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Landlord Hazardous Materials means all Hazardous Materials existing at, under, on, or from the Land, (i) prior to the Term Commencement Date, or (ii) which have migrated from Landlord’s Adjacent Land or were otherwise caused by Landlord, its employees, contractors, agents, assigns, or invitees, but in any event excluding Tenant Hazardous Materials.
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Landlord Hazardous Materials means Hazardous Materials which are present in, on, under or about the Building or Premises as of the date of this Lease and which are released or brought in, on, under or about the Building or Premises by Landlord or any agent of Landlord. Landlord's Hazardous Materials shall specifically not include any Hazardous Materials released, disturbed, transported, stored, generated or used by Tenant or Tenant's Agents. In the event of a breach of this Section during the Lease Term, then Landlord's sole obligation and responsibility to Tenant shall be (a) the commencement, within ninety (90) days after Landlord receives notice of such breach or discovery and verifies the accuracy of such claim, of a removal, encapsulation or other containment program reasonably elected by Landlord which is required by and complies with applicable laws, and (b) the diligent prosecution of such program to completion, at no cost to Tenant, in such a manner as will make the Premises or Building, as the case may be, in compliance with applicable laws. 4.21
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Examples of Landlord Hazardous Materials in a sentence

  • Tenant's obligations under this Section 3 shall not apply to Existing Hazardous Materials and any Landlord Hazardous Materials (as those terms are defined in Section 4.2 below).

  • Tenant shall also provide to Landlord Hazardous Materials audits addressed to Landlord, in form, content and scope reasonably acceptable to Landlord, prepared by a qualified Hazardous Materials consulting firm.

  • The phrase “release or threatened release” shall mean, for the purposes of this definition, the spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching or migration of any such Landlord Hazardous Materials into the indoor or outdoor environment or into or out of any portion of the Project.

  • Landlord shall deliver to Tenant an updated Landlord Hazardous Materials List at least once a year and shall also deliver an updated list before Landlord brings any new Hazardous Materials to the Project on or before the date Landlord obtains any additional permits or approvals.

  • Within forty-five (45) days following the clean-up of any Hazardous Materials, Tenant shall furnish to Landlord Hazardous Materials manifests and records which document proper transport and disposal of such material.

  • EC JN -------------- Tenant Initials: RR -------------- 1185557.05-10/1.97 Landlord caused to be present at the Project and setting forth any and all governmental approvals or permits required in connection with the presence of these Hazardous Materials at the Project ("Landlord Hazardous Materials List").

  • Notwithstanding anything herein to contrary, Tenant shall have no responsibility or liability with respect to the release or disturbance of any Landlord Hazardous Materials, except Known Landlord’s Hazardous Materials to the extent provided below.

  • For purposes hereof, “costs of remediation” shall mean the costs associated with the investigation, assessment, testing, monitoring, containment, removal, remediation, response, cleanup and/or abatement of any release or threatened release of any such Landlord Hazardous Materials described in the immediately preceding sentence as is necessary to comply with any applicable Environmental Laws including reasonable attorney’s fees and/or expert costs.

  • Landlord shall fully comply with all requirements of all applicable Laws to the extent they pertain to Landlord Hazardous Materials.

  • Tenant shall be responsible for investigating, remediating and/or monitoring the release and disturbance of Known Landlord Hazardous Materials caused by Tenant to the extent required by applicable Environmental Laws.

Related to Landlord Hazardous Materials

  • Hazardous Material means any substance, material or waste that is classified, regulated or otherwise characterized under any Environmental Law as hazardous, toxic, a contaminant or a pollutant or by other words of similar meaning or regulatory effect, including petroleum or any fraction thereof, asbestos, polychlorinated biphenyls and radioactive substances.

  • Hazardous Materials means all explosive or radioactive substances or wastes and all hazardous or toxic substances, wastes or other pollutants, including petroleum or petroleum distillates, asbestos or asbestos containing materials, polychlorinated biphenyls, radon gas, infectious or medical wastes and all other substances or wastes of any nature regulated pursuant to any Environmental Law.

  • Hazardous Substances means any hazardous or toxic material, substance or waste, pollutant, contaminant or solid waste as defined under applicable Environmental Laws, including petroleum, petroleum products, asbestos, polychlorinated biphenyls and radioactive materials.

  • Hazardous Materials Contamination means contamination (whether now existing or hereafter occurring) of the improvements, buildings, facilities, personalty, soil, groundwater, air or other elements on or of the relevant property by Hazardous Materials, or any derivatives thereof, or on or of any other property as a result of Hazardous Materials, or any derivatives thereof, generated on, emanating from or disposed of in connection with the relevant property.

  • Hazardous Substance means any substance that is: (i) listed, classified or regulated pursuant to any Environmental Law; (ii) any petroleum product or by-product, asbestos-containing material, lead-containing paint or plumbing, polychlorinated biphenyls, radioactive materials or radon; or (iii) any other substance which is the subject of regulatory action by any Governmental Entity pursuant to any Environmental Law.

  • Extremely Hazardous Substance has the meaning set forth in Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended.

  • Hazardous Material Law(s) means all laws, codes, ordinances, rules, regulations and other governmental restrictions and requirements issued by any federal, state, local or other governmental or quasi-governmental authority or body (or any agency, instrumentality or political subdivision thereof) pertaining to any substance or material which is regulated for reasons of health, safety or the environment and which is present or alleged to be present on or about or used in any facilities owned, leased or operated by any Credit Party, or any portion thereof including, without limitation, those relating to soil, surface, subsurface ground water conditions and the condition of the indoor and outdoor ambient air; any so-called “superfund” or “superlien” law; and any other United States federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any Hazardous Material, as now or at any time during the term of the Agreement in effect.

  • Hazardous Substance Activity means any activity, event, or occurrence involving a Hazardous Substance, including, without limitation, the manufacture, possession, presence, use, generation, transportation, treatment, storage, disposal, Release, threatened Release, abatement, removal, remediation, handling of or corrective or response action to any Hazardous Substance.

  • Hazardous Materials Claims means any enforcement, cleanup, removal or other governmental or regulatory action or order with respect to the Property, pursuant to any Hazardous Materials Laws, and/or any claim asserted in writing by any third party relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials.

  • Hazardous Activity means the distribution, generation, handling, importing, management, manufacturing, processing, production, refinement, Release, storage, transfer, transportation, treatment or use (including any withdrawal or other use of groundwater) of Hazardous Material in, on, under, about or from any of the Facilities or any part thereof into the Environment and any other act, business, operation or thing that increases the danger, or risk of danger, or poses an unreasonable risk of harm, to persons or property on or off the Facilities.

  • Hazardous Material Activity means any activity, event or occurrence involving a Hazardous Material, including, without limitation, the manufacture, possession, presence, use, generation, transportation, treatment, storage, disposal, Release, threatened Release, abatement, removal, remediation, handling of or corrective or response action to any Hazardous Material.

  • Hazardous Materials Activity means any past, current, proposed or threatened activity, event or occurrence involving any Hazardous Materials, including the use, manufacture, possession, storage, holding, presence, existence, location, Release, threatened Release, discharge, placement, generation, transportation, processing, construction, treatment, abatement, removal, remediation, disposal, disposition or handling of any Hazardous Materials, and any corrective action or response action with respect to any of the foregoing.

  • Hazardous chemical has the meaning given in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth) and includes: prohibited carcinogen, as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth); restricted carcinogen, as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth); hazardous chemicals the use of which is restricted under regulation 382 of the Work Health and Safety Regulations 2011 (Cth), including polychlorinated biphenyls; Schedule 11 Hazardous Chemicals; hazardous chemicals listed in Table 14.1 of Schedule 14 of the Work Health and Safety Regulations 2011 (Cth); Schedule 15 Chemicals; and lead as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth).

  • Dangerous Substance means any radioactive emissions and any natural or artificial substance (whether in solid or liquid form or in the form of a gas or vapour and whether alone or in combination with any other substance) which, taking into account the concentrations and quantities present and the manner in which it is being used or handled, it is reasonably foreseeable will cause harm to man or any other living organism or damage to the Environment including any controlled, special, hazardous, toxic, radioactive or dangerous waste.

  • Dangerous Substances means a substance or article described in regulation 3 of the Dangerous Substances Regulations;

  • Hazardous Materials Activities shall have the meaning set forth in Section 3.20(b).

  • Hazardous Materials does not include products or materials that are commonly used in construction or industrial practice so long as they are used in accordance with the manufacturer’s instructions or Material Safety Data Sheets issued for the product or materials. (See Article 1.6.3 below.)

  • EPA Hazardous Substance Superfund means the Hazardous Substance Superfund established by the Internal Revenue Code, 26 U.S.C. § 9507.

  • Hazardous Materials Law means any federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto.

  • Contamination means the presence of, or Release on, under, from or to the environment of any Hazardous Substance, except the routine storage and use of Hazardous Substances from time to time in the ordinary course of business, in compliance with Environmental Laws and with good commercial practice.

  • Contaminate means the addition of sediment, any other pollutant or waste, or any illicit or prohibited discharge.

  • Hazardous Substance Condition means the occurrence or discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance as defined in Paragraph 6.2(a), in, on, or under the Premises.