Hazardous Substances Contract Clauses (90)

Hazardous Substances. 8.2 Compliance Regarding Hazardous Substances. 8.3 Notices Regarding Hazardous Substances. 8.4 Site Visits, Observations and Testing. 8.5 Unsecured Obligation. 8.6 Definition of Hazardous Substances. 9.1 Failure to Pay. 9.2 Other Bank Agreements. 9.3 Cross-default. 9.4 False Information. 9.5 Bankruptcy/Receivers. 9.6 Lien Priority. 9.7 Judgments. 9.8 Government Action. 9.9 ERISA Plans. 9.10 Covenants. 9.11 Forfeiture.

Hazardous Substances. (a) Lessor does hereby represent and warrant to Lessee that (i) to its knowledge, it has complied with all federal, state and local laws, codes, rules, regulations or ordinances regarding the presence on the Premises of "hazardous waste" and/or "hazardous substances", "pollutants" other contaminants (as hereafter defined), and (ii) it has received no written notice of any violations of any hazardous waste or hazardous substance laws, codes, rules, regulations or ordinances with respect to the Pr...emises. (b) Lessee does hereby represent and warrant to Lessor that (i) to its knowledge, it has complied with all federal, state and local laws, codes, rules, regulations or ordinances regarding the presence on the Premises of medical waste, "hazardous waste" and/or "hazardous substances", "pollutants" other contaminants (as hereafter defined), and (ii) it has received no written notice of any violations of any medical waste, hazardous waste or hazardous substance laws, codes, rules, regulations or ordinances with respect to the Premises. Lessee shall promptly notify Lessee in writing in the event it shall receive any said notice of violations. (c) In addition to, and not in limitation of any other provision of this Lease, Lessee agrees that except for the lawfully contained presence of medical waste, "hazardous waste" and/or "hazardous substance" (as hereafter defined) incident to and in quantities customarily used by Lessee in connection with its business and related activities (which shall be contained in 11 accordance with applicable federal, state and local laws, codes, rules, regulations or ordinances), it shall not generate, store, use, treat or dispose of, nor to allow, suffer or permit the generation, storage, use, treatment or disposal of, any medical waste, "hazardous waste" or "hazardous substance" (as those terms are defined in the Resource Conversation and Recovery Act, 42 U.S.C. Sections 6901, et ~çq., as amended ("RCRA") or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sections 9601 et. ~çq., as amended ("CERCLA"), and any rules and regulations now or hereafter promulgated under either of such acts) or any pollutant or other contaminant defined, classified or regulated under federal, state or local laws, rules, regulations, ordinances, codes or directives on, in, from, or about the Premises and the Building during its use or occupancy of the Premises and the Building, which hazardous material is prohibited, regulated or controlled by any federal, state or local law, ordinance, rule or regulation now or hereafter in effect. Lessee shall and hereby does indemnify, defend and hold Lessor harmless from and against any and all loss, damages, expenses, fees, claims, costs and liabilities (including, but not limited to, attorneys fees and costs of litigation) arising out of or in any manner related to the violation of the foregoing covenant or the "release" or "threatened release" of, and for any clean‐up responsibility imposed upon Lessor under any federal, state or local law, ordinance, rule or regulation now or hereafter in effect, with respect to any medical waste, "hazardous waste" or "hazardous substance" (as those terms are defined in RCRA and CERCLA, and any rules and regulations now or hereafter promulgated thereunder), or any pollutant, or other contaminant defined, classified or regulated under federal, state or local laws, rules, regulations, ordinances, codes or directives on, in, from, or about the Premises and the Building or any portion or portions thereof. Notwithstanding anything to the contrary contained in this paragraph or elsewhere in the lease, Lessee's obligation to indemnify Lessor shall only extend to those costs, damages, losses, claims, liabilities and expenses associated with the remediation of the contamination actually caused by Lessee or any officer, agent, employee, guest, contractor or invitee of Lessee. Lessee shall have no obligation to clean up, repair or remediate any damage or contamination not caused by Lessee or any officer, agent, employee, guest, contractor or invitee of Lessee. View More

Hazardous Substances. Tenant hereby covenants and agrees that Tenant will not cause or permit any "Hazardous Substances" (as hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at the Project or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment... or would necessitate a "response action", as that term is defined in CERCLA (as hereinafter defined), and so long as Tenant strictly complies or causes compliance with all applicable governmental rules and regulations concerning the use, storage, production, transportation and disposal of such Hazardous Substances. Promptly upon receipt of Landlord1s request, Tenant shall submit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises. Tenant also agrees to cooperate with Landlord and to provide access by Landlord and Landlord's representatives to any Tenant's records with respect to the Demised Premises relating to any assessment of the environmental condition of the Demised Premises and the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises. For purposes of this Article 28, "Hazardous Substances" means and includes those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic pollutants designated by Congress or the EPA or which are defined as hazardous, toxic, pollutant, infectious or radioactive by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in effect (collectively "Environmental Laws"). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney's fees, costs of settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any Person for, with respect to, or as a direct or indirect result of, the presence in, or the escape, leakage, spillage, discharge, emission or release from, the Demised Premises of any Hazardous Substances (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney's fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so called federal, state or local "Superfund" or "Superlien" laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant's 20 violation of the covenant contained in this Article. The obligations of Tenant under this Article will survive any expiration or termination of this Lease. View More