Hazardous Materials. Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies) in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of Tenants use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/or the Land to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, clean up and remediation shall be performed in accordance with applicable Environmental Laws and to the reasonable satisfaction of Landlord and only after Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials at or in the Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup, or removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlords Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.
Use of Hazardous Materials.Material. Tenant shall not allow, cause or permit any Hazardous MaterialsMaterial to be generated, used, treated, released, storedbrought upon, kept or disposed ofused in or about the BuildingPremises by Tenant, its agents, employees, contractors or invitees without the Land, provided thatprior written consent of Landlord. If Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies)breaches the obligations stated in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equalpreceding sentence, or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of Tenants use or occupancyif contamination of the Premises by Hazardous Material otherwise occurs unless caused by Landlord, its agents, employees, contractors, or any actioninvitees or inactionby migration from an adjacent or nearby site through no fault of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease,Tenant, Tenant shall indemnify, protect, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all Claims of any kindclaims, judgments, damages, penalties, fines, costs, liabilities or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agentlosses (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and anywithout limitation, diminution in the value of the Building,Premises, damages for the loss or restriction on use of anyrentable Premises or usable space or of any amenity of the Building andPremises, damages arising from any adverse impact on marketing of space), whether before,Premises space, and sums paid in settlement of claims, reasonable attorneys fees, consultant fees and expert fees) which arise during or after the Lease Term arising fromas a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or relatedany clean-up, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because of Hazardous Material present in the soil, surface water or groundwater on, near or under the Premises unless such Hazardous Material was present at the beginning of this Lease, was caused by Landlord, its employees, agents, contractors or invitees, or migrated to the generation, use, presence, transportation, storage, treatment, disposal, spill, releasePremises from some adjacent or dischargenearby site through no fault of Hazardous Materials by TenantTenant. As used herein, the term Hazardous Material means any hazardous or any Agent intoxic substance, material or about the Premises or the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (includingwaste, including, but not limited to, reasonable attorneys, consultant, laboratorythose substances, materials, and expert fees and damages forwastes listed in the lossUnited States Department of Transportation Hazardous materials Table (49 CFR 172.101) or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/or the Land to the extent caused by the actsEnvironmental Protection Agency as hazardous substances (40CFR part 302) and amendments thereto, or omissions of Tenantsuch substances, materials and wastes that are or Agents. Such investigation, clean up and remediation shall be performed in accordance withbecome regulated under any applicable Environmental Laws and to the reasonable satisfaction oflocal, state or federal law. Landlord and only after Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlordits agents shall have the rightright, but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials at or in the Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term,duty, to inspect the Premises and conduct tests and investigations and take samplesat any time to determine whether Tenant is in compliancecomplying with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup, or removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlords Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.
Prohibition Against Hazardous Materials.Material. Tenant shall not allow, causecause, or permitallow any of Tenant Parties to cause, any Hazardous Materials (as defined below) to be handled, used, generated, used, treated, released, storedstored, released or disposed of inin, on, under or about the Premises, the Building or the Land,Project or surrounding land or environment in violation of any Applicable Laws. Tenant must obtain Landlords written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for general office purposes (such as toner for copiers) to the extent customary and necessary for the Permitted Use of the Premises, the Hazardous Materials necessary for the operation and maintenance of the Emergency Generator allowed pursuant to Paragraph 41 and the Hazardous Materials necessary for the operation of a Cafeteria pursuant to Paragraph 43; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or Project or surrounding land or environment. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord and the Landlord Parties harmless from and against any and all Losses directly or indirectly arising out of or related to the use, generation, handling, storage, release, or disposal of Hazardous Materials by Tenant or any of Tenant Parties in, on, under or about the Premises, the Building or the Project or surrounding land or environment (even though the same may use and store normal and reasonable quantitiesbe permissible under all Applicable Laws or the provisions of standard cleaning and office materials (such as,this Lease), which indemnity shall include, without limitation, toner, [[Unknown Identifier]] printing supplies)damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the Premises so long as such materials are properly, safelycost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and lawfully stored and used by Tenantdisposal, and the quantitypreparation of same does not equalany closure or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended,other required plans, whether such action is required or any applicable statenecessary prior to or local law that requires reporting. Atfollowing the expiration or earlier termination of this Lease,Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with respect to conditions relatingall Applicable Laws pertaining to Hazardous Materials existing on accountshall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless andobligations pursuant to the extent such condition is knowingly aggravated as a result of Tenants useforegoing indemnity shall survive the expiration or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding theearlier termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/or the Land to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, clean up and remediation shall be performed in accordance with applicable Environmental Laws and to the reasonable satisfaction of Landlord and only after Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials at or in the Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup, or removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlords Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.
Hazardous Materials. Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposedCompliance with Environmental Laws. Without limiting the generality of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies) in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of TenantTenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existingcomply with applicable laws as otherwise provided in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/or the Land to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, clean up and remediation shall be performed in accordance with applicable Environmental Laws and to the reasonable satisfaction of Landlord and only after Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials at or in the Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlordshall, at its sole cost and expense, except thatcomply with all Environmental Laws related to the reasonable costsuse of such inspections, tests and investigations shall be borneHazardous Materials by Tenant whereand Tenant’s Agents. Tenant shall obtain and maintain any and all necessary permits, licenses, certifications and approvals appropriate or required for the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absenceuse, handling, storage, and disposal of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup,used, stored, generated, transported, handled, blended, or removal of any Hazardous Materials placed within or released from the Premisesrecycled by Tenant or any Agent.on the Premises. Landlord shall have a continuing right, without obligation, to require Tenant will reasonably cooperate with Landlordto obtain, and allow Landlordto review and Landlords Representatives reasonable access toinspect any and all partssuch permits, licenses, certifications and approvals, together with copies of the Premisesany and to the records of Tenant with respect to the Premises andall Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conductingmanagement plans and programs, any such assessment or audit, Landlord shall use diligent efforts to minimizeand all Hazardous Materials risk management and pollution prevention programs, and any interference with Tenantand all Hazardous Materials emergency response and employee training programs respecting Tenant’s use of or access to the Premises. The costHazardous Materials. Upon request of any such assessments or audits shall be paid by Landlord at its sole cost and expense, exceptLandlord, Tenant shall paydeliver to Landlord a narrative description explaining the costnature and scope of any such assessment or audit which indicates thatTenant’s activities involving Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation ofand showing to Landlord’s satisfaction compliance with all Environmental Laws and the terms of this Lease.
Hazardous Materials. Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposedCompliance with Environmental Laws. Without limiting the generality of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies) in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of TenantTenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existingcomply with Applicable Laws as otherwise provided in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/or the Land to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, clean up and remediation shall be performed in accordance with applicable Environmental Laws and to the reasonable satisfaction of Landlord and only after Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials at or in the Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlordshall, at its sole cost and expense, exceptcomply with all Environmental Laws that are applicable to the reasonable costs of such inspections, testsPremises. Tenant shall obtain and investigations shall be borne by Tenant wheremaintain any and all necessary permits, licenses, certifications and approvals appropriate or required for the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absenceuse, handling, storage, and disposal of any Hazardous Materials inused, stored, generated, transported, handled, blended, or recycled by Tenant on the Premises andPremises. To the potential costs in connection with abatement, cleanup, or removal ofextent that Tenant uses any Hazardous Materials placed within or released fromon the Premises byLandlord shall have a continuing right, without obligation, to require Tenant or any Agent. Tenant will reasonably cooperate with Landlordto obtain, and allow Landlordto review and Landlords Representatives reasonable access toinspect any and all partssuch permits, licenses, certifications and approvals, together with copies of the Premisesany and to the records of Tenant with respect to the Premises andall Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conductingmanagement plans and programs, any such assessment or audit, Landlord shall use diligent efforts to minimizeand all Hazardous Materials risk management and pollution prevention programs, and any interference with Tenantand all Hazardous Materials emergency response and employee training programs respecting Tenant’s use of or access toHazardous Materials. To the Premises. The costextent that Tenant uses any Hazardous Materials on the Premises, upon request of any such assessments or audits shall be paid by Landlord at its sole cost and expense, exceptLandlord, Tenant shall paydeliver to Landlord a narrative description explaining the costnature and scope of any such assessment or audit which indicates thatTenant’s activities involving Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation ofand showing to Landlord’s satisfaction compliance with all Environmental Laws and the terms of this Lease.
Hazardous Materials.Landlord acknowledges that it is not the intent of this Article to prohibit Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or aboutfrom operating its business for the Building or the Land, provided thatPermitted Use. Tenant may use and store normal and reasonable quantitiesoperate its business according to the custom of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies) in the PremisesTenant’s industry so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of Tenants use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/or the Land to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, clean up and remediation shall be performed in accordance with applicable Environmental Laws and to the reasonable satisfaction of Landlord and only after Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord # a list identifying each type of Hazardous Material to be present at orthe Premises that is subject to regulation under any environmental Applicable Laws in the Premises. Landlord shall haveform of a Tier II form pursuant to [Section 312] of the right but notEmergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, # a list of any and all approvals or permits from Governmental Authorities required in connection with the obligation,presence of such Hazardous Material at all reasonable times during the Lease Term, to inspect the Premises and conduct tests# correct and investigationscomplete copies of # notices of violations of Applicable Laws related to Hazardous Materials and take samples# plans relating to determine whetherthe installation of any storage tanks to be installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant isits written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless # there are any changes to the Hazardous Materials Documents or # Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in [Subsection 21.2(m) or (n)])]. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include # the chemical name, # the material state (e.g., solid, liquid, gas or cryogen), # the concentration, # the storage amount and storage condition (e.g., in cabinets or not in cabinets), # the use amount and use condition (e.g., open use or closed use), # the location (e.g., room number or other identification) and # if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials. Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Article,Lease and to request listswith Applicable Laws. In the event that a review of allthe Hazardous Materials usedDocuments indicates non-compliance with this Lease or storedApplicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the Premises. In conducting any such tests, investigationscontrary or sampling,Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use diligent efforts to minimize any interference with Tenants useor disposal of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borneHazardous Materials, it being acknowledged by Tenant where the same disclose that Tenant is not in compliance withbest suited to evaluate the requirementssafety and efficacy of this Lease respectingits Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premisesusage and the potential costs in connection with abatement, cleanup, or removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlords Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.procedures.
Hazardous Materials.Prohibitions. As a material inducement to Landlord to enter into this Lease with Tenant, Tenant shall not allow, causehas fully and accurately completed Landlord’s Pre-Leasing Environmental Exposure Questionnaire (the "Environmental Questionnaire"), which is attached as Exhibit E. Tenant agrees that except for those chemicals or permitmaterials, and their respective quantities, specifically listed on the Environmental Questionnaire (as the same may be updated from time to time as provided below), neither Tenant nor Tenant’s employees, contractors and subcontractors of any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided thattier, entities with a contractual relationship with Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies) in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended,(other than Landlord), or any applicable stateentity acting as an agent or local law that requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of Tenants use or occupancy of the Premises or any action or inactionsub-agent of Tenant (collectively, "Tenant's Agents") will produce, use, store or generate any Agent respecting Hazardous Materials (it being understood"Hazardous Materials," as that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials atdefined below, on, under or about the Premises, nor cause any Hazardous Material to be brought upon, placed, stored, manufactured, generated, blended, handled, recycled, used or "Released," as that term is defined below, on, in, under or about the Building and/Premises. If any information provided to Landlord by Tenant on the Environmental Questionnaire, or otherwise relating to information concerning Hazardous Materials is intentionally false, incomplete, or misleading in any material respect, the Land to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, clean up and remediationsame shall be performed in accordance with applicable Environmental Laws and to the reasonable satisfaction of Landlord and only afterdeemed a default by Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at lawLease. Upon Landlord's request, or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approveevent of any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptnessmaterial change in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to TenantTenant's right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presenceuse of Hazardous Materials at or in the Premises.Premises, Tenant shall deliver to Landlord an updated Environmental Questionnaire at least once a year. Tenant shall have the right but not the obligation, at all reasonable times during the Lease Term,notify Landlord prior to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence ofusing any Hazardous Materials in the Premises not described on the initial Environmental Questionnaire, and, to the extent such use would, in Landlord's reasonable judgment, cause a material increase in the risk of liability compared to the uses previously allowed in the Premises, such additional use shall be subject to Landlord's prior consent, which may be withheld in Landlord’s reasonable discretion. Tenant shall not install or permit Tenant's Agents to install any underground storage tank on the Premises. For purposes of this Lease, "Hazardous Materials" means all flammable explosives, petroleum and petroleum products, waste oil, radon, radioactive materials, toxic pollutants, asbestos, polychlorinated biphenyls ("PCBs"), medical waste, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, including without limitation any chemical, element, compound, mixture, solution, substance, object, waste or any combination thereof, which is or may be hazardous to human health, safety or to the potential costs in connection with abatement, cleanup,environment due to its radioactivity, ignitability, corrosiveness, reactivity, explosiveness, toxicity, carcinogenicity, infectiousness or removalother harmful or potentially harmful properties or effects, or defined as, regulated as or included in, the definition of "hazardous substances," "hazardous wastes," "hazardous materials," or "toxic substances" under any Environmental Laws. For purposes of this Lease, "Release" or "Released" or "Releases" shall mean any release, deposit, discharge, emission, leaking, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing, or other movement of Hazardous Materials placed within or released frominto the Premises by Tenant or any Agent.environment. Landlord acknowledges that Tenant will reasonably cooperate with Landlordbe installing and allow Landlord and Landlords Representatives reasonable access to any and all parts ofusing fume hoods in the Premises and to the recordsthat emissions of Tenant with respect to the Premises and Hazardous Materials forinto the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlordair in compliance with all Environmental Laws shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shallnot be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.considered Releases.
Releases of Hazardous Materials. Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies) in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of Tenants use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way relatedIf due to the acts or omissions of Tenant or Tenant's Agents, any Agent (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on useRelease of any space or amenity of the Building and damages arisingHazardous Material in, on, under, from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises orshall occur at any time during the Building. Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the BuildingTerm and/or the Landif due to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, clean up and remediation shall be performed in accordance with applicable Environmental Laws and toTenant's Agents any other Hazardous Material condition exists at the reasonable satisfactionPremises that requires response actions of Landlord and only after Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default,kind, in addition to all other rights available tonotifying Landlord under this Lease,as specified above, Tenant, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials at or in the Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its own sole cost and expense, except that the reasonable costs of such inspections, testsshall # immediately comply with any and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with theall reporting requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup, or removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlords Representatives reasonable accessimposed pursuant to any and all partsEnvironmental Laws, # provide a written certification to Landlord indicating that Tenant has complied with all applicable reporting requirements, # take any and all necessary investigation, corrective and remedial action in accordance with any and all applicable Environmental Laws, utilizing an environmental consultant approved by Landlord, all in accordance with the provisions and requirements of this Section 5.3, including, without limitation, [Section 5.3.4], and # take any such additional investigative, remedial and corrective actions as Landlord shall in its reasonable discretion deem necessary such that the Premises andare remediated to the records of Tenant with respectcondition existing prior to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.Release.
Hazardous Materials.Prohibition/Compliance/lndemnity. Tenant shall not allow, cause or permit any Hazardous Materials (as hereinafter defined) to be generated,brought upon, kept, used, stored, handled, treated, released, storedgenerated in or about, or released or disposed of in or aboutfrom, the BuildingPremises or the Land, provided thatProject in violation of applicable Environmental Requirements (as hereinafter defined) by Tenant may use and store normal and reasonable quantitiesor any Tenant Party. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies)Hazardous Materials in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant andduring the quantity of same does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended,Term or any applicable stateholding over results In contamination of the Premises, the Project or local law that requires reporting. Atany adjacent property or if contamination of the expirationPremises, the Project or earlier termination of this Lease, with respect to conditions relating toany adjacent property by Hazardous Materials existing on accountbrought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of Tenants use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced intofrom, the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representativesemployees, agents and contractors otherwise occurs during the Term or any holding over, Tenant hereby indemnifies and shall defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from and against any and all Claimsactions (including, without limitation, remedial or enforcement actions of any kindkind, administrative or nature, knownjudicial proceedings, and orders or unknown, contingent or otherwise, which arisejudgments arising out of or are in any way related to the acts or omissions of Tenant or any Agentresulting therefrom), costs, claims, damages (including, but not limited to, reasonable attorneys, consultant, laboratorywithout limitation, punitive damages and expert fees and anydamages based upon diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the terminationProject, or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss of, or restriction onon, use of the Premises or any other space or amenityportion of the Building) arising fromProject), expenses (including, without limitation, attorneys, consultants and experts fees, court costs and amounts paid in settlement of any claims or related toactions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the generation, use, presence, transportation, storage,environment, water tables or natural resources), liabilities or losses (collectively, Environmental Claims) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, disposal, spill, releaseremedial, removal, or dischargerestoration work required by any federal, state or local Governmental Authority because of Hazardous Materials by Landlordpresent in the air, soil or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written noticeground water above, on, or under the Premises. Without limiting the foregoing, if the presence of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials andon the Premises, the occupancyBuilding, the Project or use thereof as it relates to Hazardous Materials,any adjacent property caused or the existencepermitted by Tenant or potential existenceany Tenant Party results in any contamination of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/Building, the Project or the Land to the extent caused by the acts or omissions ofany adjacent property, Tenant or Agents. Such investigation, clean upshall promptly take all actions at its sole expense and remediation shall be performed in accordance with applicable Environmental Laws andRequirements as are necessary to return the Premises, the Building, the Project or any adjacent property to the condition existing prior to the time of such contamination, provided that Landlords approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Building or the Project. Notwithstanding anything to the contrary contained in Section 28 and/or this Section 30. Tenant shall not be responsible for, and the indemnification and hold harmless obligation set forth in this paragraph shall not apply to # contamination in the Premises or the Project which Tenant can prove to Landlords reasonable satisfaction of Landlord and only after Tenant has obtained Landlords written consent, such consent notexisted in the Premises or the Project immediately prior to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord underthe date of this Lease, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding# the presence of Hazardous Materials at or in the Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises andor the potential costsProject which Tenant can prove to Landlords reasonable satisfaction migrated from outside of the Premises into the Premises or outside the Project into the Project, except to the extent in connection with abatement, cleanup, or removaleither case, the presence of such Hazardous Materials # is the result of a breach by Tenant of any Hazardous Materials placed withinof its obligations under this Lease, or released from the Premises# was caused, contributed to or exacerbated by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlords Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.Party.
Hazardous Materials.Prohibition/Compliance/Indemnity. Tenant shall not allow, cause or permit any Hazardous Materials (as hereinafter defined) to be generated,brought upon, kept, used, stored, handled, treated, released, storedgenerated in or about, or released or disposed of in or aboutfrom, the BuildingPremises or the Land, provided thatProject in violation of applicable Environmental Requirements (as hereinafter defined) by Tenant may use and store normal and reasonable quantitiesor any Tenant Party. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies)Hazardous Materials in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant andduring the quantity of same does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended,Term or any applicable stateholding over results in contamination of the Premises, the Project or local law that requires reporting. Atany adjacent property or if contamination of the expirationPremises, the Project or earlier termination of this Lease, with respect to conditions relating toany adjacent property by Hazardous Materials existing on accountbrought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of Tenants use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced intofrom, the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representativesemployees, agents and contractors otherwise occurs during the Term or any holding over, Tenant hereby indemnifies and shall defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from and against any and all Claimsactions (including, without limitation, remedial or enforcement actions of any kindkind, administrative or nature, knownjudicial proceedings, and orders or unknown, contingent or otherwise, which arisejudgments arising out of or are in any way related to the acts or omissions of Tenant or any Agentresulting therefrom), costs, claims, damages (including, but not limited to, reasonable attorneys, consultant, laboratorywithout limitation, punitive damages and expert fees and anydamages based upon diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. Notwithstanding the terminationProject, or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenants Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss of, or restriction onon, use of the Premises or any other space or amenityportion of the Building) arising fromProject), expenses (including, without limitation, attorneys, consultants and experts fees, court costs and amounts paid in settlement of any claims or related toactions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the generation, use, presence, transportation, storage,environment, water tables or natural resources), liabilities or losses (collectively, Environmental Claims) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, disposal, spill, releaseremedial, removal, or dischargerestoration work required by any federal, state or local Governmental Authority because of Hazardous Materials by Landlordpresent in the air, soil or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written noticeground water above, on, or under the Premises. Without limiting the foregoing, if the presence of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials andon the Premises, the occupancyBuilding, the Project or use thereof as it relates to Hazardous Materials,any adjacent property caused or the existencepermitted by Tenant or potential existenceany Tenant Party results in any contamination of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/Building, the Project or the Land to the extent caused by the acts or omissions ofany adjacent property, Tenant or Agents. Such investigation, clean upshall promptly take all actions at its sole expense and remediation shall be performed in accordance with applicable Environmental Laws andRequirements as are necessary to return the Premises, the Building, the Project or any adjacent property to the reasonable satisfactioncondition existing prior to the time of Landlord and only after Tenant has obtainedsuch contamination, provided that Landlords written consent,approval of such consentaction shall first be obtained, which approval shall not tounreasonably be unreasonably withheld, conditionedwithheld so long as such actions would not potentially have any material adverse long-term or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to entershort-term effect on the Premises, the Building or the Project. Notwithstanding anything to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptnesscontrary contained in accordance withSection 28 or this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein,Section 30, Tenant shall paynot be responsible for or have any liability to Landlord, and the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenantindemnification and hold harmless obligation set forth in this paragraph shall execute from timenot apply to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials at or in the Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time duringabout the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit ofBuilding, the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup, or removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlords Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.
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