LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statute), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws.
Appears in 4 contracts
Sources: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Adamis Pharmaceuticals Corp)
LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statutestatue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.238.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.238.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws.
Appears in 2 contracts
Sources: Modified Gross Office Lease, Modified Gross Office Lease (Bakbone Software Inc)
LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statutestatue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.238.2, below). Except as to those matters which are Tenant’s 's responsibility pursuant to Paragraph 37.238.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws. Except as to those matters which are Tenant's responsibility pursuant to Paragraph 38.2, below, Landlord hereby agrees to indemnify, defend, and hold Tenant harmless from and against all actions, liabilities, damages, losses, costs, expenses, attorneys' fees, and claims arising from or relating to any unlawful accumulations of Hazardous Materials into ambient air, water, or land of the Project. Landlord's obligations and liability under this Paragraph shall survive the termination of Tenant's tenancy and the Term of this Lease.
Appears in 1 contract
Sources: Modified Gross Office Lease (Bridgepoint Education Inc)
LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to To satisfy its obligations under California Health and Safety Code Section 25359.7 (or any successor statute)§25359.7, that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage provided Tenant with a copy of petroleum products from motor vehicles, and other consumer products, may have come (and may the reports in the future comepossession of the Landlord with respect to the Total Site (collectively, the "Reports") relating to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of "Hazardous Material Materials" (as defined below) to be generatedin, brought onto, used, stored, or disposed of in on or about the Premises, Total Site. Tenant acknowledges that Landlord delivered the Building, Reports to Tenant without any representation or warranty whatsoever about the Project by Landlord or its agents, employees, or contractorsReports, except that Landlord represents and warrants to Tenant that the Reports constitute all such reports prepared for limited quantities Landlord with respect to the Total Site. Landlord represents to Tenant that, as of standard office the date of this Lease and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermoreexcept as disclosed in the Reports, Landlord shall: has no actual knowledge that any Hazardous Materials exist on the Total Site in violation of any governmental law, rule or regulation relating to Hazardous Materials ("Hazardous Materials Laws"). For the purposes of this Lease, all references to "Landlord's knowledge" and similar phrases shall mean the actual, present knowledge of the City Manager of the City of Industry without any duty of inquiry; provided, however, that such individual shall not have any personal liability as the result of being so identified. The parties hereby acknowledge and agree that (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate limited uses to Hazardous Material, public health and safety and protection of which Landlord can put the environmentTotal Site, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.2, below). Except as to those matters which are Tenant’s responsibility pursuant exclusive control of the location and nature of proposed Projects (except to Paragraph 37.2, below, Landlord shall the extent set forth in Section 25.8 hereof) make it unlikely that Tenant would be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause affected by any unlawful accumulations violation of Hazardous Materials Laws existing as of the Effective Date (or, with respect to the Scout Property and/or the Agency Property, the date upon which such properties become part of the Total Site), so Landlord shall not be remediated required to indemnify Tenant with respect thereto except to the limited extent set forth below in accordance with the requirements of all applicable environmental lawsSection 4.5.2.
Appears in 1 contract
Sources: Master Ground Lease
LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statute)25359.7, that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come be located (and may now or in the future comefuture) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord shall not cause any unlawful accumulations of Hazardous Material (as defined below) Materials to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws Environmental Laws (as defined in Paragraph 37.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental lawsEnvironmental Laws.
Appears in 1 contract
LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statutestatue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project; but that except for the foregoing, or any matter disclosed in any written information provided to Tenant prior to the date hereof, Landlord’s Executive Vice President (▇▇▇▇▇▇▇ ▇. ▇▇▇▇) has no actual present knowledge of any unlawful accumulations of Hazardous Materials on or under the Project. Notwithstanding the foregoing, Landlord shall not cause or permit any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.238.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.238.2, below, Landlord shall be responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws.
Appears in 1 contract
LANDLORD'S COVENANTS. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statutestatue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come (and may in the future come) to be located on or beneath the Premises and/or the Project. Notwithstanding the foregoing, Landlord covenants that to the best of Landlord’s knowledge, the Building has been constructed free from any unlawful accumulations or amounts of Hazardous Material and in accordance with the ADA, as in effect as of the date of such construction. Furthermore, Landlord shall not hereafter cause any unlawful accumulations of Hazardous Material (as defined below) to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building, or the Project by Landlord or its agents, employees, or contractors, except for limited quantities of standard office and janitorial supplies and petroleum and petroleum-related products commonly used on or at similar office projects. Furthermore, Landlord shall: (a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws (as defined in Paragraph 37.238.2, below). Except as to those matters which are Tenant’s responsibility pursuant to Paragraph 37.238.2, below, Landlord shall be he responsible, at its expense (or the expense of others; but not as an Operating Expense) to cause any unlawful accumulations of Hazardous Materials to be remediated in accordance with the requirements of all applicable environmental laws.
Appears in 1 contract
Sources: Modified Gross Office Lease (Bumble Bee Capital Corp.)