Existing Hazardous Materials. Provide a letter to the owner advising of the extents of potential hazardous materials as indicated and provided by The Environmental Division of the Facilities and Construction Group. Outline the (or any) optional or alternate means of removal and timing of removal for Owner review and direction.
Existing Hazardous Materials. “Existing Hazardous Materials” shall mean those Hazardous Materials, if any, specifically described as being present at the Project in excess of amounts permitted pursuant to Applicable Laws pursuant to those certain environmental reports listed on Exhibit 5.4.7, attached, copies of which have been provided to Tenant.
Existing Hazardous Materials. Prior to the Commencement Date, Landlord caused to be performed the Environmental Assessments which identified certain environmental conditions and the Existing Hazardous Materials affecting portions of the Central Health Downtown Campus, including the Property. Xxxxxxxx agrees that it shall be responsible, at its sole cost and expense, to remove and remediate or encapsulate, to the extent reasonably possible, all actionable Existing Hazardous Materials prior to, or in cooperation with, any construction performed by Tenant or any Subtenants hereunder. Tenant shall reasonably cooperate with Landlord in any building demolition if an economy of scale exists in combined remediation/abatement/encapsulation and demolition activity. Landlord shall be responsible only for abatement, remediation, and/or encapsulation of actionable environmental hazards which exist as of the Commencement Date. Hazards posed to construction workers, whether during demolition or new construction, shall be Tenant’s obligation as to personnel protective equipment and construction safety, and compliance with all applicable laws and regulations; provided, however, Landlord shall also be responsible for hazards posed to construction workers during the demolition of the Block 165/167 Improvements and compliance with all applicable laws and regulations relative thereto. Landlord shall not be responsible for any potential delay in any Project caused by exposure of actionable Hazardous Materials exposed by any renovation or construction activity.
Existing Hazardous Materials. Subject to the provision of Paragraph 19 of Part II, upon the discovery of any Hazardous Materials existing on the Site at the date of this Agreement, for which Contractor does not have liability under this Agreement, Contractor shall (i) promptly cease work in the affected area and direct its workers and Subcontractors not to remove or further disturb the material or item; (ii) promptly notify Company of such discovery; (iii) use all reasonable efforts to mitigate the effects of any such discovery on the Site, any property or person, and the performance of the Work and (iv) follow any and all directions of Company’s Representative with respect to such discoveries. Contractor shall at Company's expense remediate such existing Hazardous Materials but only at the direction of Company to do so.
Existing Hazardous Materials. Tenant’s indemnification of Landlord under this Section 24 shall not be applicable to any Hazardous Materials that were located at the Premises or the Property on the Commencement Date, nor any Hazardous Materials placed on the Premises or Property by Landlord, its employees, agents, or contractors.
Existing Hazardous Materials. Notwithstanding anything to the contrary in this Lease, Tenant shall not be responsible for any Hazardous Materials that are found to be present in any portion of the Premises prior to the Delivery Date of such portion (“Existing Hazardous Materials”); provided, however, if and to the extent that Landlord adopts any Operations and Maintenance Plan (“O&M Plan”) regarding any Hazardous Materials (including, without limitation, any Existing Hazardous Materials), then, after written notice of such O&M Plan is delivered to Tenant, then, to the extent applicable, Tenant shall adhere to the O&M Plan (as it may be amended, modified or superseded) as it applies to the Premises and Tenant’s use and occupancy thereof throughout the Term; provided, however, any O&M Plan adopted by Landlord regarding Existing Hazardous Materials shall be consistent with the prior Operations and Maintenance Plan delivered to and reviewed by Tenant as the same may be revised by Landlord in Landlord’s reasonable discretion in accordance with prudent industry practices for comparable buildings with similar Existing Hazardous Materials.
Existing Hazardous Materials. Upon the discovery of any improper use, storage, or disposal of a Hazardous Material (as that term is defined in Section 3.11(d) below), or unsafe condition that poses a threat to human health or safety or the environment, existing at the site of the Services at the date of this Agreement that is not an environmental issue caused by Transwestern's negligent acts or omissions, Transwestern shall: (i) promptly cease work in the affected area and direct its workers and subcontractors not to remove or further disturb the material or item; (ii) promptly notify Customer of such discovery; (iii) use all reasonable efforts to mitigate the effects of any such discovery on the performance of the Services; and (iv) follow any and all directions of Customer or its representatives with respect to such discoveries so long as such directions are in accordance with appropriate laws and regulations. Customer hereby expressly indemnifies Transwestern and its subcontractors from all responsibilities, claims or liabilities arising under the provisions of Section 3.11. Customer shall be responsible for the removal from the site of the Services or for otherwise making safe in accordance with applicable law any such Hazardous Material or unsafe condition existing at the site of the Services at the date of this Agreement that is not an environmental issue caused by Transwestern's negligent acts or omissions, and Transwestern shall not be required to remove or handle any such Hazardous Material or unsafe condition. Any delay or additional cost as a result of such discovery or Customer's directions with respect thereto shall be the responsibility of Customer. Transwestern shall not, without the written consent of Customer, bring onto the site of the Services any Hazardous Materials. Transwestern shall upon termination of this Agreement remove any Hazardous Materials brought onto the site by Transwestern in full compliance with all applicable laws and regulations. Transwestern shall be solely liable for any and all damages, fines and penalties in any way connected with Hazardous Materials brought onto the site by Transwestern or with Transwestern's failure to comply with any law or regulation applicable to Transwestern's use of Hazardous Materials at or removal or failure to remove any Hazardous Materials from the site.
Existing Hazardous Materials. A new Section 29 hereby is added to the Lease which states in its entirety as follows:
Existing Hazardous Materials. Landlord represents to Tenant, to Landlord's current, actual knowledge (without duty of investigation), that the Premises does not contain any Hazardous Materials at levels which as currently existing constitute a violation of Applicable Laws or shall otherwise materially and adversely affect the operation of Tenant's business from the Premises. In the event that following the date hereof it is determined that Hazardous Materials existed at the Premises as of the date hereof at levels which constituted a violation of Applicable Laws as of such date or otherwise materially and adversely affect the operation of Tenant's business from the Premises, then Landlord shall promptly take such remedial action as is necessary to correct such non-compliance or material adverse affect, as applicable, at Landlord's sole cost and without inclusion of such cost within Operating Expenses.
Existing Hazardous Materials. Landlord represents that, to Xxxxxxxx’s knowledge, as of the Date of Lease, no Hazardous Materials are present at the Property in violation of applicable Environmental Laws. Landlord shall be responsible at Xxxxxxxx’s expense to remediate any Hazardous Materials present on or in the Premises prior to the Lease Commencement Date, to the extent such remediation is required by applicable Environmental Laws.
