Common use of Reportable Uses Require Consent Clause in Contracts

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) regulated or monitored by any governmental authority, or (ii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "REPORTABLE USE" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements).

Appears in 1 contract

Samples: Lease Agreement (Etoys Inc)

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Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) regulated or monitored by any governmental authority, or (ii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee Tenant shall not engage in any activity in or on the Premises which constitutes a Reportable Use (as defined below) of Hazardous Substances (as defined below), without the express prior written consent of Lessor Landlord and timely compliance (at Lessee's Tenant’s expense) with all Applicable Legal Requirements. "REPORTABLE USE" “Reportable Use” shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal Discharge (as defined below) of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Legal Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding The term “Hazardous Substance” as used in this Lease shall mean any product, substance, or waste whose Discharge, either by itself or in combination with other materials expected to be on the foregoingPremises, Lessee may is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for potential liability of Landlord to any governmental authority * This material has been omitted pursuant to a request for confidential treatment filed with the SEC, and this material has been filed separately with the SEC. or third party under any applicable Legal Requirements. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof or additives thereto. The Agreed Use, and the use of any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Usethereof, shall not be deemed to be “Reportable Uses” so long as such use is done in compliance manner consistent with all Applicable Requirements, is not a Reportable Use, and does not expose Tenant’s prior practices at the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability thereforand in accordance with Legal Requirements. In addition, Lessor Landlord may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor Landlord reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements).

Appears in 1 contract

Samples: Purchase Agreement (Consolidated Container Co LLC)

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" “Hazardous Substance” as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any applicable state or local governmental authority, or (iiiii) a basis for potential liability of Lessor to any applicable state or local governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Notwithstanding anything to the contrary herein, Hazardous Substance shall not include cannabis/marijuana or products derived therefrom. Except as otherwise provided herein, Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without notice to the express prior written consent of Lessor and timely compliance (at Lessee's ’s expense) with all Applicable Requirements. "REPORTABLE USE" “Reportable Use” shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements)) and/or increasing the Security Deposit.

Appears in 1 contract

Samples: Lease (Zenlabs Holdings Inc)

Reportable Uses Require Consent. The term term, "HAZARDOUS SUBSTANCEHazardous Substance," as used in this Lease Lease, shall mean any product, substance, chemical, material, or waste whose presence, nature, quantity, and/or intensity of existence, use, manufacture, disposal, transportation, spill, release, or releaseeffect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority, ; or (iiiii) a basis for potential liability of Lessor Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil oil, or any products, by-products or fractions byproducts thereof. Lessee Tenant shall not engage in any activity in or on about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Lessor Landlord and compliance in a timely compliance manner (at LesseeTenant's sole cost and expense) with all Applicable RequirementsRequirements (as defined in Paragraph 6.3). "REPORTABLE USEReportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration registration, or business plan is required to be filed with, any governmental authority, and/or and (iii) the presence at in, on, or about the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires require that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may Tenant may, without Landlord's prior consent, but upon notice to Landlord and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Agreed Permitted Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, Use and does not expose the Premises or neighboring property properties to any meaningful risk of contamination or damage damage, or expose Lessor Landlord to any liability therefor. In addition, Lessor Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Tenant upon receiving Tenant's giving Landlord such additional assurances as Lessor reasonably Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and/or Premises, and the environment against damage, contamination, injury injury, and/or liabilityliability therefor, including, including but not limited to, to the installation (and and, at Landlord's option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises (such as concrete encasements)) and/or the deposit of an additional Security Deposit.

Appears in 1 contract

Samples: Omneon Video Networks, Inc.

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" term“Hazardous substances” as used in this Lease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or releaseeffect, either by itself or in combination with other materials expected to be on the PremisesPREMISES, is either: either (i) potentially injurious to the public health, safety or welfare, the environment, or the PREMISES; (ii) regulated or monitored by any governmental authority, ; or (iiiii) a basis for potential liability of Lessor LANDLORD to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, products or by-products or fractions thereof. Lessee TENANT shall not engage in any activity in or on about the Premises PREMISES which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Lessor LANDLORD and compliance in a timely compliance manner (at Lessee's TENANT’S sole cost and expense) with all Applicable RequirementsRequirements (as defined in Paragraph (d) below). "REPORTABLE USE" shall “Reportable Use” Shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, notice registration or business plan is required to be filed with, any governmental authority, and/or and (iii) the presence at in, on, or about the Premises PREMISES of a Hazardous Substance with respect to which any Applicable Requirements requires Laws require that a notice be given to persons entering or occupying the Premises PREMISES or neighboring properties. Notwithstanding the foregoing, Lessee may TENANT may, without LANDLORD’S prior consent, but upon notice to LANDLORD and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by TENANT in the normal course of the Agreed Permitted Use, so long as such use is in compliance with all Applicable Requirements, us is not a Reportable Use, Use and does not expose the Premises PREMISES or neighboring property properties to any meaningful risk of contamination or damage or expose Lessor LANDLORD to any liability therefortherefore. In addition, Lessor LANDLORD may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by TENANT upon receiving TENANT’S giving LANDLORD such additional assurances as Lessor reasonably LANDLORD, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and/or PREMISES and the environment against damage, contamination, contamination or injury and/or liabilityliability therefor, including, including but not limited to, to the installation (and and, at LANDLORD’S option, removal on or before Lease lease expiration or earlier termination) of reasonably necessary protective modifications to the PREMISES (such as concrete encasements).encasement) and/or the deposit of an additional Security Deposit under Paragraph 5 hereof. ________/_________ Version 31 Jan 2006

Appears in 1 contract

Samples: Chapeau Inc

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" “Hazardous Substance” as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, in amounts, quantities, concentrations or with physical or chemical characteristics present on the Premises either by itself or in combination with other materials expected to be on the Premises, is either: (i) regulated potentially injurious to the public or pose; a present or potential hazard to human health, safety or welfare, the environment or the Premises, (ii) are regulated; monitored or classified by any applicable governmental authorityauthority as hazardous, or (iiiii) reasonably constitute a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (compliance, at Lessee's expense) with all ’s sole cost and Applicable Requirements. "REPORTABLE USE" “Reportable Use” shall mean include, but not be limited to, (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials kept in consumer packaging which are reasonably required to be used in the normal course of the Agreed Use, such as ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household and office cleaning materials, so long as such use is in to compliance with all Applicable Requirements, is not a Reportable Use, ; and does not expose the Premises or neighboring property to any meaningful material risk of contamination contamination-or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reportable Reportable-Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect protect-itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements)encasements or other secondary containment) and/or increasing the Security Deposit.

Appears in 1 contract

Samples: Stevanato Group S.p.A.

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCEHazardous Substance" as used in this Lease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or releaseeffect, either by itself or in combination with other materials on or expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority, ; or (iiiii) a basis for liability or potential liability of Lessor Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, products or by-products or fractions thereof. Lessee Tenant shall not engage in any activity in or on about the Premises which constitutes a Reportable Use (as hereinafter defined) of any Hazardous Substances without the express prior written consent of Lessor Landlord and compliance in a timely compliance manner (at LesseeTenant's sole cost and expense) with all Applicable RequirementsRequirements (as defined in Paragraph 6.3). "REPORTABLE USEReportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or and (iii) the presence at in, on or about the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires require that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may Tenant may, without Landlord's prior consent, but upon written notice to Landlord and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Agreed Permitted Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, Use and does not expose the Premises Premises, or neighboring property properties to any meaningful risk of contamination or damage or expose Lessor Landlord to any liability therefor. In addition, Lessor Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Tenant upon receiving Tenant's giving Landlord such additional assurances as Lessor reasonably Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and/or and the environment against damage, contamination, contamination or injury and/or liabilityliability therefor, including, including but not limited to, to the installation (and and, at Landlord's option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises (such as concrete encasements)) and/or the deposit of an additional Security Deposit.

Appears in 1 contract

Samples: Industrial Lease (Abgenix Inc)

Reportable Uses Require Consent. The term term, "HAZARDOUS SUBSTANCEHazardous Substance," as used in this Lease Lease, shall mean any product, substance, chemical, material, or waste whose presence, nature, quantity, and/or intensity of existence, use, manufacture, disposal, transportation, spill, release, or releaseeffect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority, ; or (iiiii) a basis for potential liability of Lessor Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil oil, or any products, products or by-products or fractions thereof. Lessee Tenant shall not engage in any activity in or on about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Lessor Landlord and compliance in a timely compliance manner (at LesseeTenant's sole cost and expense) with all Applicable RequirementsRequirements (as defined in Paragraph 6.3). "REPORTABLE USEReportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration registration, or business plan is required to be filed with, any governmental authority, and/or and (iii) the presence at in, on, or about the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires require that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may Tenant may, without Landlord's prior consent, but upon notice to Landlord and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Agreed Permitted Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, Use and does not expose the Premises or neighboring property properties to any meaningful risk of contamination or damage damage, or expose Lessor Landlord to any liability therefor. In addition, Lessor Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Tenant upon receiving Tenant's giving Landlord such additional assurances as Lessor reasonably Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and/or Premises, and the environment against damage, contamination, injury injury, and/or liabilityliability therefor, including, including but not limited to, to the installation (and and, at Landlord's option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises (such as concrete encasements)) and/or the deposit of an additional Security Deposit.

Appears in 1 contract

Samples: Industrial Lease (Capstone Turbine Corp)

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCEHazardous Substance" ------------------------------- as used in this Lease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or releaseeffect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority, ; or (iiiii) a basis for potential liability of Lessor Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, products or by-products or fractions thereof. Lessee Tenant shall not engage in any activity in or on about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Lessor Landlord and compliance in a timely compliance manner (at LesseeTenant's sole cost and expense) with all Applicable RequirementsRequirements (as defined in Paragraph 6.3). "REPORTABLE USEReportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or and (iii) the presence at in, on or about the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires require that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may Tenant may, without Landlord's prior consent, but upon notice to Landlord and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Agreed Permitted Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, Use and does not expose the Premises Premises, or neighboring property properties to any meaningful risk of contamination or damage or expose Lessor Landlord to any liability therefor. In addition, Lessor Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Tenant upon receiving Tenant's giving Landlord such additional assurances as Lessor reasonably Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and/or and the environment against damage, contamination, contamination or injury and/or liabilityliability therefor, including, including but not limited to, to the installation (and and, at Landlord's option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises (such as concrete encasements)) and/or the deposit of an additional Security Deposit.

Appears in 1 contract

Samples: Lease (Adaptive Broadband Corp)

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) regulated or monitored by any governmental authority, or (ii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee Sublessee shall not engage in any activity in or on the Subleased Premises which constitutes a Reportable Use (as defined below) of Hazardous Substances Substances, without the express prior written consent of Lessor Sublessor and timely compliance (at Lessee's Sublessee’s expense) with all Applicable Legal Requirements. "REPORTABLE USE" “Reportable Use” shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal Discharge (as defined below) of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Subleased Premises of a Hazardous Substance with respect to which any Applicable Legal Requirements requires that a notice be given to persons entering or occupying the Subleased Premises or neighboring properties. Notwithstanding The term “Hazardous Substance” as used in Sublease shall mean any product, substance, or waste whose Discharge, either by itself or in combination with other materials expected to be on the foregoingSubleased Premises, Lessee may is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Subleased Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for potential liability of Sublessor to any governmental authority or third party under any applicable Legal Requirements. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof or additives thereto. The Agreed Use, and the use of any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Usethereof, shall not be deemed to be “Reportable Uses” so long as such use is done in compliance manner consistent with all Applicable Sublessee’s prior practices at the Subleased Premises and in accordance with Legal Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor Sublessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor Sublessor reasonably deems necessary to protect itself, the public, the Subleased Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements).

Appears in 1 contract

Samples: Purchase Agreement (Consolidated Container Co LLC)

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" term, “Hazardous Substance,” as used in this Lease Lease, shall mean any product, substance, chemical, material, or waste whose presence, nature, quantity, and/or intensity of existence, use, manufacture, disposal, transportation, spill, release, or releaseeffect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority, ; or (iiiii) a basis for potential liability of Lessor Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil oil, or any products, products or by-products or fractions thereof. Lessee Tenant shall not engage in any activity in or on about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Lessor Landlord and compliance in a timely compliance manner (at Lessee's Tenant’s sole cost and expense) with all Applicable RequirementsRequirements (as defined in Paragraph 6.3). "REPORTABLE USE" “Reportable Use” shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration registration, or business plan is required to be filed with, any governmental authority, and/or and (iii) the presence at in, on, or about the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires require that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may Tenant may, without Landlord’s prior consent, but upon notice to Landlord and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Agreed Permitted Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, Use and does not expose the Premises or neighboring property properties to any meaningful risk of contamination or damage damage, or expose Lessor Landlord to any liability therefor. In addition, Lessor Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Tenant upon receiving Tenant’s giving Landlord such additional assurances as Lessor reasonably Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and/or Premises, and the environment against damage, contamination, injury injury, and/or liabilityliability therefor, including, including but not limited to, to the installation (and and, at Landlord’s option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises (such as concrete encasements) and/or the deposit of an additional Security Deposit. Landlord hereby consents to any Reportable Use that is specified by Tenant in attached Exhibit C, provided that Tenant complies with all Applicable Requirements relating to such Reportable Use(s).

Appears in 1 contract

Samples: Industrial Lease (Aviragen Therapeutics, Inc.)

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Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" Hazardous Substance" as used in this Lease shall mean m ean any productproduct , substance, or waste whose presence, use, manufacturem anufacture, disposal, transportationt ransportation, or release, either by itself it self or in combination com bination with other materials expected m aterials expect ed to be on the PremisesPrem ises, is either: (( i) potentially inj urious to the public health, safety or welfare, the environm ent or the Prem ises, ( ii) regulated or monitored m onitored by any governmental governm ental authority, or (ii( iii) a basis for potential liability liabilit y of Lessor to any governmental governm ental agency or third party under any applicable statute statut e or common com m on law theory. Hazardous Substances shall include, but not be limited lim it ed to, hydrocarbons, petroleumpetroleum , gasoline, and/or and/ or crude oil or any products, by-by- products or fractions thereoft hereof. Lessee shall not engage in any activity in or on the Premises Prem ises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (t im xxx com pliance ( at LesseeXxxxxx's expense) with all Applicable RequirementsRequirem ents. "REPORTABLE USE" Reportable Use" shall mean (m ean ( i) the installation or use of any above or below ground storage tank, (( ii) the generation, possession, storage, use, transportationt ransportation, or disposal of a Hazardous Substance that requires a permit fromperm it from , or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental governm ental authority, and/or (and/ or ( iii) the presence at the Premises Prem ises of a Hazardous Substance with respect to which any Applicable Requirements Requirem ent s requires that a notice be given to persons entering ent ering or occupying the Premises Prem ises or neighboring properties. Notwithstanding the foregoing, Lessee may m ay use any ordinary and customary materials custom ary m aterials reasonably required to be used in the normal norm al course of the t he Agreed Use, ordinary office supplies ( copier toner, liquid paper, glue, etc.) and com m on household cleaning m aterials, so long as such use is in compliance com pliance with all Applicable RequirementsRequirem ent s, is not a Reportable Use, and does not expose the Premises t he Prem ises or neighboring property to any meaningful risk m eaningful r isk of contamination contam ination or damage dam age or expose Lessor to any liability liabilit y therefor. In I n addition, Lessor may m ay condition its it s consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems deem s necessary to protect itselfit self, the public, the Premises and/or Prem ises and/ or the environment environm ent against damagedam age, contaminationcontam ination, injury and/or liabilityand/ or liabilit y, including, but not limited lim it ed to, the installation (( and removal rem oval on or before Lease expiration or terminationterm inat ion) of protective modifications (m odifications ( such as concrete encasements)concret e encasem ents) and/ or increasing the Security Deposit.

Appears in 1 contract

Samples: Arizona Commercial Lease Agreement

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) regulated or monitored by any governmental authority, or (ii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "REPORTABLE USE" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises authority in violation of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring propertiesRequirements. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements)) and/or increasing the Security Deposit.

Appears in 1 contract

Samples: Litronic Inc

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCEHazardous Substance" as ------------------------------- used in this Lease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or releaseeffect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority, ; or (iiiii) a basis for potential liability of Lessor Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, products or by-products or fractions thereof. Lessee Tenant shall not engage in any activity in or on about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Lessor Landlord and compliance in a timely compliance manner (at LesseeTenant's sole cost and expense) with all Applicable RequirementsRequirements (as defined in Paragraph 6.3). "REPORTABLE USEReportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or and (iii) the presence at in, on or about the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires require that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may Tenant may, without Landlord's prior consent, but upon notice to Landlord and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Agreed Permitted Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, Use and does not expose the Premises Premises, or neighboring property properties to any meaningful risk of contamination or damage or expose Lessor Landlord to any liability therefor. In addition, Lessor Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Tenant upon receiving Tenant's giving Landlord such additional assurances as Lessor reasonably Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and/or and the environment against damage, contamination, contamination or injury and/or liabilityliability therefor, including, including but not limited to, to the installation (and and, at Landlord's option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises (such as concrete encasements)) and/or the deposit of an additional Security Deposit.

Appears in 1 contract

Samples: Cost U Less Inc

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCE" “Hazardous Substance” as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is eitherPremises is: (i) regulated potentially injurious to the public health, safety or monitored by any governmental authoritywelfare, the environment or the Premises, or (ii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable regulated by statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee Tenant shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor Landlord and timely compliance (at Lessee's Tenant’s expense) with all Applicable RequirementsLaws (as defined in Paragraph 9.05 below). "REPORTABLE USE" “Reportable Use” shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements Laws requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee Tenant may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable RequirementsLaws, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor Landlord to any liability therefor. In addition, Lessor Landlord may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor Landlord reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements)) and/or increasing the Security Deposit.

Appears in 1 contract

Samples: Industrial Net Lease (OVERSTOCK.COM, Inc)

Reportable Uses Require Consent. The term "HAZARDOUS SUBSTANCEHazardous Substance" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (ii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, diesel fuel and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "REPORTABLE USEReportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit. See Addendum 6.2(a).

Appears in 1 contract

Samples: Exodus Communications Inc

Reportable Uses Require Consent. The term term, "HAZARDOUS SUBSTANCEHazardous Substance," as used in this Lease Lease, shall mean any product, substance, chemical, material, or waste whose presence, nature, quantity, and/or intensity of existence, use, manufacture, disposal, transportation, spill, release, or releaseeffect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority, ; or (iiiii) a basis for potential liability of Lessor Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil oil, or any products, products or by-products or fractions thereof. Lessee Tenant shall not engage in any activity in or on about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Lessor Landlord and compliance in a timely compliance manner (at LesseeTenant's sole cost and expense) with all Applicable RequirementsRequirements (as defined in Paragraph 6.3). "REPORTABLE USEReportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration registration, or business plan is required to be filed with, any governmental authority, and/or and (iii) the presence at in, on, or about the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires require that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may Tenant may, without Landlord's prior consent, but upon notice to Landlord and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Agreed Permitted Use, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, Use and does not expose the Premises or neighboring property properties to any meaningful risk of contamination or damage damage, or expose Lessor Landlord to any liability therefortherefore. In addition, Lessor Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by Tenant upon receiving Tenant's giving Landlord such additional assurances as Lessor reasonably Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and/or Premises, and the environment against damage, contamination, injury injury, and/or liabilityliability therefore, including, including but not limited to, to the installation (and and, at Landlord's option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises (such as concrete encasements)) and/or the deposit of an additional Security Deposit.

Appears in 1 contract

Samples: Industrial Lease (Excaliber Enterprises, Ltd.)

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