Prohibition Against Hazardous Material. Tenant shall not cause, or allow any of Tenant Parties to cause, any Hazardous Materials (as defined below) to be handled, used, generated, stored, released or disposed of in, on, under or about the Premises, the Building or the 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 be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, 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 cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all Applicable Laws pertaining to Hazardous Materials shall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease
Prohibition Against Hazardous Material.Prohibition/Compliance/Indemnity. Tenant shall not cause,cause or allow any of Tenant Parties to cause,permit any Hazardous Materials (as defined below)hereinafter defined) to be brought upon, kept, used, stored, handled, used, generated, stored,treated, generated in or about, or released or disposed of in,from, the Premises or the Project in violation of applicable Environmental Requirements (as hereinafter defined) by Tenant or any Tenant Party. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials in the Premises during the Term or any holding over results in contamination of the Premises, the Project or any adjacent property or if contamination of the Premises, the Project or any adjacent property by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises by anyone other than Landlord and Landlords employees, 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 any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the Premises or the Project, or the loss of, or restriction on, use of the Premises or any portion of the Project), expenses (including, without limitation, attorneys, consultants and experts fees, court costs and amounts paid in settlement of any claims or actions), 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 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, remedial, removal, or restoration work required by any federal, state or local Governmental Authority because of Hazardous Materials present in the air, soil or ground water above, on, or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises, the Building, the Project or aboutany adjacent property caused or permitted by Tenant or any Tenant Party results in any contamination of the Premises, the Building, the Project or any adjacent property, Tenant shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements 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 or surrounding land or environment in violation of any Applicable Laws. Tenant must obtain Landlords written consent priorProject. Notwithstanding anything to the introduction ofcontrary contained in Section 28 or this Section 30, Tenant shall not be responsible for or have 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)liability 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 41Landlord, and the Hazardous Materials necessary for the operation of a Cafeteria pursuantindemnification and hold harmless obligation set forth in this paragraph shall not apply 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,Building, the Building or the Project or surrounding land or environment (even though the same may be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, 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 cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all Applicable Laws pertaining to Hazardous Materials shall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease
Prohibition Against Hazardous Material. Tenant shall not cause,cause or allow any of Tenant Parties to cause,permit any Hazardous Materials (as defined below) to be handled, used, generated, stored, releasedbrought upon, kept or disposed of in, on, underused in or about the Premises, the Building or the Project or surrounding land or environment in violation of Applicable Laws by Tenant or any Applicable Laws.of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If # Tenant must obtain Landlords written consent prior tobreaches such obligation, # the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantitiespresence of Hazardous Materials for general office purposes (such as toner for copiers) to the extent customary and necessary for the Permitted Usea result of such a breach results in contamination of the Premises,Project, any portion thereof, or any adjacent property, # contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or any holding over by Tenant hereunder or # contamination of the Project occurs as a result of Hazardous Materials necessary forthat are placed on or under or are released into the operation and maintenance of the Emergency Generator allowed pursuant to Paragraph 41 and the Hazardous Materials necessary for the operation ofProject by a Cafeteria pursuant to Paragraph 43; provided thatTenant Party, then 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 andIndemnify the Landlord Parties harmlessIndemnitees from and against any and all Losses directlyClaims of any kind or indirectlynature, including # diminution in value of the Project or any portion thereof, # damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, # damages arising outfrom any adverse impact on marketing of space in the Project or related toany portion thereof and # sums paid in settlement of Claims that arise before, during or after the use, generation, handling, storage, release,Term as a result of such breach or disposalcontamination. This Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials by Tenantpresent in the air, soil or groundwater above, on, under or about the Project. Without limiting the foregoing, if the presence of any of Tenant PartiesHazardous Materials in, on, under or about the Premises,Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the BuildingProject, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the ProjectProject, any portion thereof or surrounding land or environment (even though the same may be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, damages for personal or bodily injury,any adjacent property damage, damageto its respective condition existing prior to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the costtime of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparationsuch contamination; provided that Landlord’s written approval of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent byshall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the use, generation, storage, releaseProject, any portion thereof or disposalany adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence of Hazardous Materials norat the strict compliance by Tenant with allProject in violation of Applicable Laws pertaining to Hazardous Materials shall excuseas of the Execution Date, unless placed at the Project by a Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this LeaseParty.
Prohibition Against Hazardous Material.Prohibition/Compliance/lndemnity. Tenant shall not cause,cause or allow any of Tenant Parties to cause,permit any Hazardous Materials (as defined below)hereinafter defined) to be brought upon, kept, used, stored, handled, used, generated, stored,treated, generated in or about, or released or disposed of in,from, the Premises or the Project in violation of applicable Environmental Requirements (as hereinafter defined) by Tenant or any Tenant Party. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials in the Premises during the Term or any holding over results In contamination of the Premises, the Project or any adjacent property or if contamination of the Premises, the Project or any adjacent property by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises by anyone other than Landlord and Landlords employees, 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 any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the Premises or the Project, or the loss of, or restriction on, use of the Premises or any portion of the Project), expenses (including, without limitation, attorneys, consultants and experts fees, court costs and amounts paid in settlement of any claims or actions), 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 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, remedial, removal, or restoration work required by any federal, state or local Governmental Authority because of Hazardous Materials present in the air, soil or ground water above, on, or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises, the Building, the Project or aboutany adjacent property caused or permitted by Tenant or any Tenant Party results in any contamination of the Premises, the Building, the Project or any adjacent property, Tenant shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements 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 or surrounding land or environment in violation of any Applicable Laws.which Tenant must obtaincan prove to Landlords written consentreasonable satisfaction existed in the Premises or the Project immediately prior to the introductiondate of this Lease, or # the presence of any Hazardous Materials ontoin the Project. NotwithstandingPremises or the foregoing,Project which Tenant may handle, store, use and disposecan prove to Landlords reasonable satisfaction migrated from outside of products containing small quantities of Hazardous Materials for general office purposes (such as toner for copiers)the Premises into the Premises or outside the Project into the Project, except to the extent customary and necessary forin either case, the Permitted Usepresence 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# is the result of a safe and lawful manner and never allow such Hazardous Materialsbreach by Tenant of any of its obligations under this Lease, or # was caused, contributed 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 Materialsexacerbated 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 be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, 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 cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all Applicable Laws pertaining to Hazardous Materials shall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this LeaseParty.
Prohibition AgainstUse of Hazardous Material. Tenant shall not cause,cause or allow any of Tenant Parties to cause,permit any Hazardous Materials (as defined below)Material to be handled, used, generated, stored, releasedbrought upon, kept or disposed of in, on, underused in or about the Premises,Premises by Tenant, its agents, employees, contractors or invitees without the Building or the Project or surrounding land or environment in violation of any Applicable Laws. Tenant must obtain Landlordsprior written consent prior toof Landlord. If Tenant breaches the introductionobligations stated in the preceding sentence, or if contamination of the Premises by Hazardous Material otherwise occurs unless caused by Landlord, its agents, employees, contractors, or invitees or by migration from an adjacent or nearby site through no fault of Tenant, Tenant shall indemnify, protect, defend and hold Landlord harmless from 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 Useall claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, the Hazardous Materials necessarydamages for the operation and maintenanceloss or restriction on use of rentable Premises or usable space or of any amenity of the Emergency Generator allowed pursuant to Paragraph 41Premises, damages arising from any adverse impact on marketing of Premises space, and sums paid in settlement of claims, reasonable attorneys fees, 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 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 Materials necessary forMaterial present in the operation of a Cafeteria pursuant to Paragraph 43; provided that Tenant shall always handle, store, use, and dispose of anysoil, surface water or groundwater on, near or under the Premises unless such Hazardous MaterialsMaterial 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, those substances, materials, and wastes listed in a safethe United States Department of Transportation Hazardous materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40CFR part 302) and lawful manneramendments thereto, or such substances, materials and never allow such Hazardous Materials to contaminate the Premises, Building,wastes that are or Projectbecome regulated under any applicable local, state or surrounding land or environment. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and holdfederal law. Landlord and its agents shall have the Landlord Parties harmless from and againstright, but not the duty, to inspect the Premises at any and all Losses directly or indirectly arising out of or relatedtime to determine whether Tenant is complying with 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 be permissible under all Applicable Laws or the provisionsterms of this Lease), which indemnity shall include, without limitation, 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 cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all Applicable Laws pertaining to Hazardous Materials shall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease
Prohibition Against Hazardous Material.Materials. Tenant shall not cause,allow, cause or allow any of Tenant Parties to cause,permit any Hazardous Materials (as defined below) to be handled,generated, used, generated, stored, releasedtreated, released, stored or disposed of in, on, underin or about the Premises, the Building or the ProjectLand, 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 surrounding landexceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended, or environmentany 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 any ApplicableEnvironmental 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 disposetermination or any other provision 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.this Lease, Tenant shall indemnify, defend (by(with counsel reasonably acceptable toapproved by Landlord), protect and hold Landlord and the Landlord PartiesLandlords Representatives harmless from and against any and all Losses directlyClaims of any kind or indirectlynature, 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 outfrom any adverse impact on marketing of space), whether before, during or after the Lease Term arising from or related to the generation, use, generation, handling,presence, transportation, storage, release,treatment, disposal, spill, release or disposaldischarge 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 Parties in, on, underand 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 ProjectLand to the extent caused by the acts or surrounding landomissions of Tenant or environment (even thoughAgents. 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 permissible underrequired 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 Applicable Laws orreasonable 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 Lease), which indemnityArticle, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall include, without limitation, damages for personaluse diligent efforts to minimize any interference with Tenants use of or bodily injury, property damage, damageaccess to the environmentPremises. 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 natural resources occurring one-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or offenvironmental audit of the Premises, losses attributablePremises to diminutionassess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in valuethe Premises and the potential costs in connection with abatement, cleanup, or adverse effects on marketability,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 investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, andsuch assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the preparationPremises by Tenant or any Agent in violation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier terminationterms of this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all Applicable Laws pertaining to Hazardous Materials shall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease
Prohibition Against Hazardous Material.Materials. As used in this Lease, the term Hazardous Material means any flammable items, hazardous or toxic substances, including any substances defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials or toxic substances now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, pesticides, asbestos, PCBs and similar compounds, and including any materials subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall not cause,cause or allow any of Tenant Parties to cause,permit any Hazardous Materials (as defined below)Material to be handled,generated, produced, brought upon, used, generated, stored, releasedtreated or disposed of in, on, underin or about the Premises, the Building or the Project by Tenant or surrounding land or environment in violation of any Applicable Laws. Tenant must obtain LandlordsParty without the prior written consent prior to the introduction of any Hazardous Materials onto the Project.Landlord. Notwithstanding the foregoing, Tenant may handle, store,may, without Landlords prior written consent but in compliance with all applicable laws and Regulations, use and disposelegal amount of products containing small quantitiesmaterials customarily used by occupants of Hazardous Materials for generalcommercial office purposes (suchspace, so long 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 aboutuse does not expose the Premises, the Building or the Project to any risk of contamination or surrounding landdamage or environment (even though the same may be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, 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 cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent byexpose Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all Applicable Laws pertaining to Hazardous Materials shall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Leaseany liability therefore.
Prohibition Against Hazardous Material.Landlord acknowledges that it is not the intent of this Article to prohibit Tenant shall not cause,from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or allow anypresence of Tenant Parties to cause, any Hazardous Materials (as defined below)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 handled, used, generated, stored, releasedpresent at the Premises that is subject to regulation under any environmental Applicable Laws in the form of a Tier II form pursuant to [Section 312] of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or disposedany other form reasonably requested by Landlord, # a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and # correct and complete copies of # notices of violations of Applicable Laws related to Hazardous Materials and # plans relating to the installation of any storage tanks to be installed in, on, under or about the Premises, the Building or the Project or surrounding land or environment in violation(provided that installation of any Applicable Laws.storage tanks shall only be permitted after Landlord has given Tenant must obtain Landlordsits written consent prior to the introduction ofdo so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or 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 againstother documents required by 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 orGovernmental Authorities for any of Tenant Partiesstorage tanks installed in, on, under or about the Premises,Project for the Buildingclosure 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 Projecttypes or surrounding landamounts 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 environment (even though(n)])]. For each type of Hazardous Material listed, the same mayHazardous 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 permissible under all Applicable Lawsrequired 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 Lease), which indemnity shall include, without limitation, damages for personalLease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or bodily injury, property damage, damageApplicable 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 environmentcontrary or natural resources occurring onLandlord’s review into Tenant’s Hazardous Materials Documents or off the Premises, losses attributableuse or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to diminution in value or adverse effects on marketability, the cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closureTenant’s or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use, generation, storage, releasetenants’ use or disposal of Hazardous Materials nor the strict complianceMaterials, it being acknowledged by Tenant with all Applicable Laws pertainingthat Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials shall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Leaseusage and procedures.
Prohibition Against Hazardous Material.Business. Landlord acknowledges that it is not the intent of this Section 30 to prohibit Tenant shall not cause,from using the Premises for the Permitted Use. Tenant may operate its business according to prudent industry practices so long as the use or allow anypresence of Tenant Parties to cause, any Hazardous Materials (as defined below)is strictly and properly monitored according to all then applicable Environmental Requirements. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Commencement Date a list identifying each type of Hazardous Materials to be brought upon, kept, used, stored, handled, used, generated, stored,treated, generated on, or released or disposed of in, on, underfrom, the Premises and setting forth any and all governmental approvals or aboutpermits required in connection with the Premises, the Buildingpresence, use, storage, handling, treatment, generation, release or the Project or surrounding land or environment in violationdisposal 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 on or from the Premises (Hazardous Materials to contaminate the Premises, Building, or Project or surrounding land or environment.List). Tenant shall indemnify, defend (by counsel reasonably acceptabledeliver to Landlord)Landlord an updated Hazardous Materials List at least once a year listing all Hazardous Materials which Tenant is required to disclose to any Governmental Authority (e.g., protectthe fire department) in connection with its use or occupancy of the Premises. Tenant shall deliver to Landlord true and hold Landlord andcorrect copies of the Landlord Parties harmless from and against any and all Losses directly or indirectly arising out of or relatedfollowing documents (the Haz Mat Documents) relating to the use, generation,storage, 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 be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, 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 cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use,treatment, generation, storage, release or disposal of Hazardous Materials norprior to the strict complianceCommencement Date, or if unavailable at that time, concurrent with the receipt from or submission to a Governmental Authority: permits; approvals; reports and correspondence; storage and management plans, notice of violations of any Legal Requirements; plans relating to the installation of any storage tanks to be installed in or under the Project (provided, said installation of tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent may be withheld in Landlords sole and absolute discretion); all closure plans or any other documents required by any and all federal, state and local Governmental Authorities for any storage tanks installed in, on or under the Project for the closure of any such tanks; and a Surrender Plan (to the extent surrender in accordance with Section 28 cannot be accomplished in 3 months). Tenant is not required, however, to provide Landlord with all Applicable Laws pertainingany portion(s) of the Haz Mat Documents containing information of a proprietary nature which, in and of themselves, do not contain a reference to any Hazardous Materials shall excuse Tenant fromor hazardous activities. It is not the intent of this Section to provide Landlord with information which could be detrimental to Tenants obligation of indemnification pursuant to this Paragraph 4.4.1.business should such information become possessed by Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Leasecompetitors.
Prohibition Against Hazardous Material.Business. Landlord acknowledges that it is not the intent of this Section 30 to prohibit Tenant shall not cause,from using the Premises for the Permitted Use. Tenant may operate its business according to prudent industry practices so long as the use or allow anypresence of Tenant Parties to cause, any Hazardous Materials (as defined below)is strictly and properly monitored according to all then applicable Environmental Requirements. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Commencement Date a list identifying each type of Hazardous Materials to be brought upon, kept, used, stored, handled, used, generated, stored,treated, generated on, or released or disposed of in, on, underfrom, the Premises and setting forth any and all governmental approvals or aboutpermits required in connection with the Premises, the Buildingpresence, use, storage, handling, treatment, generation, release or the Project or surrounding land or environment in violationdisposal of any Applicable Laws. Tenant must obtain Landlords written consent prior to the introduction of anysuch Hazardous Materials ontoon or from the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Premises (Hazardous Materials for general office purposes (such as toner for copiers)List). Upon Landlords request, or any time that Tenant is required to deliver a Hazardous Materials List to any Governmental Authority (e.g., the extent customary and necessary for the Permitted Usefire department) in connection with Tenants use or occupancy 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 disposedeliver to Landlord a copy 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.List. Tenant shall indemnify, defend (by counsel reasonably acceptabledeliver to Landlord), protectLandlord true and hold Landlord andcorrect copies of the Landlord Parties harmless from and against any and all Losses directly or indirectly arising out of or relatedfollowing documents (the Haz Mat Documents) relating to the use, generation,storage, 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 be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, 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 cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use,treatment, generation, storage, release or disposal of Hazardous Materials norprior to the strict complianceCommencement Date, or if unavailable at that time, concurrent with the receipt from or submission to a Governmental Authority: permits; approvals; reports; storage and management plans, notice of violations of any Legal Requirements; plans relating to the installation of any storage tanks to be installed in or under the Project (provided, said installation of tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent may be withheld in Landlords sole and absolute discretion); all closure plans or any other documents required by any and all federal, state and local Governmental Authorities for any storage tanks Installed in, on or under the Project for the closure of any such tanks; and a Surrender Plan (to the extent surrender in accordance with Section 28 cannot be accomplished in 3 months). Tenant is not required, however, to provide Landlord with all Applicable Laws pertainingany portion(s) of the Haz Mat Documents containing information of a proprietary nature which, in and of themselves, do not contain a reference to any Hazardous Materials shall excuse Tenant fromor hazardous activities. It is not the intent of this Section to provide Landlord with information which could be detrimental to Tenants obligation of indemnification pursuant to this Paragraph 4.4.1.business should such information become possessed by Tenants obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Leasecompetitors.
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