Resolution 2015-69 - Laserfiche WebLink

Home Browse Search

mandated by a federal, state, or local agency or political subdivision. Without limitation of the foregoing, if TENANT causes or permits the presence of any Hazardous Substance on, in, or about the Premises that results in contamination, TENANT, at its sole expense, shall promptly take any and all necessary actions to return the Premises to the same condition that existed prior to the presence of any such Hazardous Substance on, in, or about the Premises. TENANT shall first obtain LANDLORD's approval for any such remedial action, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, this indemnification shall only apply to contamination by Hazardous Substances resulting from TENANT'S use and operation of the Premises. Nothing herein contained shall be held to indemnify LANDLORD from liability for Hazardous Substances contamination resulting from LANDLORD'S ownership, use or operation, or the use or operation by any third party in, on or under the Premises or ansing out of conditions existing on the Premises prior to the commencement of TENANT's first possession of the Premises. 20.2 DEFINITION. As used herein, the term "Hazardous Substance" means any substance that is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the State in which the Premises are located, or the United States government. "Hazardous Substance" includes any and all materials or substances that are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substance" includes, but is not limited to, asbestos, polychlorobiphenyls and petroleum. The provisions under this entire Article shall survive the expiration or earlier termination of this Lease. ARTICLE 21 = FORCE MAJEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance required hereunder by reason of strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of God, or other reason of like nature not the fault of the party delayed in performing work or doing acts (hereinafter "Permitted Delay"), such party shall be excused for the period of time equivalent to the delay caused by such Permitted Delay. Notwithstanding the foregoing, any extension of time for a Permitted Delay shall be conditioned upon the party seeking an extension of time delivering written notice of such Permitted Delay to the other party within ten (10) days of the event causing the Permitted Delay, and the maximum period of time which a party may delay any act or performance of work due to a Permitted Delay shall be sixty (60) days. ARTICLE 22 - ADDITIONAL TERMS 22.1 PLUMBING. Plumbing facilities shall not be used for any other purpose than that for which they were constructed, and no foreign substance other than those generally used during the operation of office uses shall be deposited therein. The cost and expense of any breakage, stoppage or damage resulting from a violation of this provision shall borne by TENANT. 15