Common use of AMS Obligations Clause in Contracts

AMS Obligations. AMS shall make available to Maxtor, prior to the effective date of the Lease and thereafter upon Maxtor's reasonable request, any and all relevant information about the nature and scope of actual and anticipated discharges from operation of the Business into the Wastewater Treatment System, including actual and anticipated discharge quantities and frequency, and chemical, physical, and biological properties, and concentrations of effluents. AMS shall not unreasonably withhold such information from Maxtor. AMS shall be solely responsible for the costs associated with Maxtor's installation and maintenance of sampling points and flow meters located immediately upstream of all points of discharge of AMS wastewater into the Wastewater Treatment System. Maxtor shall retain the right to monitor flow rates and sample wastewater at these points as determined necessary within the reasonable discretion of Maxtor. The costs associated with such sampling and monitoring activities shall be the sole responsibility of AMS. Maxtor shall also retain the right to conduct an annual wastewater sampling event, of the final wastewater effluent in the treatment system as well as at the AMS discharge points, and to concurrently monitor wastewater flow. Upon the Commencement Date, or as soon thereafter as Maxtor deems appropriate based on AMS operations and the operations of other subtenants, Maxtor shall conduct an initial wastewater sampling event and monitor wastewater flow from all AMS points of discharge, as well as of the final wastewater effluent. To the extent that AMS' operation of the Business generates any effluent that does not fall within the operating parameters set forth in Exhibit D-1, AMS shall be solely responsible for the treatment and management of such effluents, including the installation, permitting, operation, maintenance, and repair of any additional wastewater treatment systems or system modifications necessary to treat the effluents.