Tenant shall not use or suffer the use of the Leased Property as a landfill, or dump, or as a site for storage, treatment, or disposal of Hazardous Wastes, Hazardous Substances or toxic substances (as such terms are hereinafter defined), except to the extent done so in compliance with all environmental laws. Tenant shall be liable to Landlord for any and all cleanup costs and any and all other charges, fees or penalties relating to Tenants use, disposal, transportation, generation or sale of Hazardous Substances on or at the Leased Property. Tenant shall and hereby does agree to pay, protect, defend, indemnify and hold Landlord harmless from and against any and all losses, damages, expenses, fees, claims, costs and liabilities (including, but not limited to reasonable attorneys fees actually incurred) arising out of or in any manner related to the presence of Hazardous Substances at, on or in the Leased Property which directly results from an act or omission of Tenant during its period of occupancy. The obligations of Tenant under this paragraph shall survive any expiration or termination of this Lease.
Tenant shall not usein any manner be liable for, required to contain, remediate, remove or suffer the use ofclean up, bear any costs or expenses regarding or have any responsibility whatsoever with respect to, nor does Tenant indemnify Landlord or any other party regarding, any Hazardous Wastes, Hazardous Substances, or toxic substances, materials or wastes or other environmental contaminants which either # were already on the Leased Property as a landfill, or dump, or as a site for storage, treatment, or disposal of Hazardous Wastes, Hazardous Substances or toxic substances (as such terms are hereinafter defined), exceptprior to the extent done so in compliance with all environmental laws. Tenant shall be liable to Landlord for any and all cleanup costs and any and all other charges, feesterm of this Lease or penalties relating to Tenants use, disposal, transportation, generation# are brought, generated, emitted, discharged, released, spilled or saledisposed of Hazardous Substances on or atfrom the Leased Property.Property at any time whatsoever by any persons, entities or parties other than Tenant shall and hereby does agreeor Tenants employees, agents, contractors, or invitees. Landlord agrees to pay, protect, defend, indemnify and hold LandlordTenant harmless from and against any and all losses, damages, expenses, fees, claims, costs and liabilities (including, but not limited to reasonable attorneys fees actually incurred) arising out of or in any manner related to the presence of Hazardous Substances at, on or in the Leased Property which directly results from an act or omission of Tenant during its period of occupancy. The obligations of Tenant under this paragraph shall survive any expiration or termination of this Lease.
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, 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 suffer the useoccupancy of the Leased PropertyPremises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term inaction as a landfill,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 dump, or as a site for storage, treatment, or disposal of Hazardous Wastes, Hazardous Substances or toxic substances (as such terms are hereinafter defined), exceptany Agent, unless and to the extent done so in compliance with all environmental laws.such condition is knowingly aggravated as a result of Tenants use or occupancy of the Premises), Tenant shall be liablesurrender the Premises to Landlord for any and all cleanup costs and any and all other charges, fees or penalties relating to Tenants use, disposal, transportation, generation or salefree of Hazardous Substances onMaterials that are in violation of Environmental Laws. Notwithstanding the termination or at the Leased Property.any other provision of this Lease, Tenant shall and hereby does agree to pay, protect, defend, indemnifyindemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlords Representatives harmless from and against any and all losses, damages, expenses, fees, claims, costs and liabilitiesClaims 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 toto, reasonable attorneys, consultant, laboratory and expert fees actually incurred)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 mannerway 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 Substances at, onHazardous Materials at or in the Leased Property which directly resultsPremises. 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 an actthe Premises by Tenant or omissionany 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 duringwith 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 periodsole cost and expense, except Tenant shall pay the cost of occupancy. The obligationsany 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 Tenant under this paragraph shall survive any expiration or terminationthe terms of this Lease.
Use of Hazardous Material. Tenant shall not usecause or sufferpermit any Hazardous Material to be brought upon, kept or used in or about the usePremises by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding sentence, or if contamination of the Leased Property as a landfill,Premises by Hazardous Material otherwise occurs unless caused by Landlord, its agents, employees, contractors, or dump,invitees or as aby migration from an adjacent or nearby site for storage, treatment, or disposalthrough no fault of Hazardous Wastes, Hazardous Substances or toxic substances (as such terms are hereinafter defined), except to the extent done so in compliance with all environmental laws.Tenant, Tenant shall be liable to Landlord for any and all cleanup costs and any and all other charges, fees or penalties relating to Tenants use, disposal, transportation, generation or sale of Hazardous Substances on or at the Leased Property. Tenant shall and hereby does agree to pay,indemnify, protect, defend, indemnifydefend and hold Landlord harmless from and against any and all losses,claims, judgments, damages, expenses,penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable Premises or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of Premises space, and sums paid in settlement of claims, reasonable attorneys fees, claims,consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs and liabilities (including,incurred in connection with any investigation of site conditions or any 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 Premises from some adjacent or nearby site through no fault of Tenant. As used herein, the term Hazardous Material means any hazardous or toxic substance, material or waste, including, but not limited to reasonable attorneys fees actually incurred) arising out of or in any manner related to the presence of Hazardous Substances at, on orto, those substances, materials, and wastes listed in the Leased Property which directly results from an actUnited States Department of Transportation Hazardous materials Table (49 CFR 172.101) or omission ofby the Environmental Protection Agency as hazardous substances (40CFR part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any applicable local, state or federal law. Landlord and its agents shall have the right, but not the duty, to inspect the Premises at any time to determine whether Tenant during its period of occupancy. The obligations of Tenant under this paragraph shall survive any expiration or terminationis complying with the terms of this Lease.
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