Common use of Environmental Inspections Clause in Contracts

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXII, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon not less than five (5) days written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord shall have the right to enter and inspect the Leased Property, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect Hazardous Substances brought into the Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

Environmental Inspections. In Within 30 days following the event Landlord has execution of this Agreement, Seller and Buyer shall select Environmental Strategies Corporation (or another qualified environmental consultant reasonably satisfactory to Buyer and Seller) to conduct a reasonable basis Transaction Screen with respect to believe that Tenant is in breach each parcel of its obligations under this Article XXXII, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon not less than five (5) days written notice to Tenant, except Fee Realty included in the case of an emergency in Transferred Assets (except for any parcel designated by Buyer not to receive a Transaction Screen), which event no notice review shall be required, to conduct an inspection of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord shall have the right to enter conducted in accordance with ASTM standards and inspect the Leased Property, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; providedcompleted within 90 days following the execution of this Agreement. Upon completion of such Transaction Screen, that Landlord such consultant shall provide notice deliver to Tenant within a reasonable period thereafter) conduct any testing, sampling Buyer and analyses it deems necessary and shall have the right to inspect Hazardous Substances brought into the Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare Seller a written report with respect thereto. Each party shall notify the other party in writing (the "Remediation Notice") within 10 days of learning of any potential material liabilities under any Environmental Laws with respect to a parcel of Fee Realty included in the Transferred Assets, but in no event later than the 10th day following receipt of the related Transaction Screen. Thereafter, Buyer shall determine whether to conduct additional environmental due diligence, including a Phase I Environmental Report, which shall be completed within 60 days of delivery of the Remediation Notice. If the estimated costs of remediation of such potential liabilities on such parcel (the "Remediation Costs") will exceed $400,000, Seller shall either effect such remediation or may instead elect to exclude either such parcel of Fee Realty or the Exchange to which such parcel of Fee Realty relates from the Transferred Assets, and Buyer and Seller shall in good faith reduce the Purchase Price accordingly. If, pursuant to the preceding sentence, Seller elects to exclude the parcel of Fee Realty, then, at Buyer's request, Seller shall grant to Buyer a long-term lease at an annual rental rate of $1.00 and otherwise in form and substance reasonably satisfactory to Buyer, for the use of such parcel (and Seller shall have no obligation to effect any remediation with respect to such parcel); provided that if Buyer is required to pay a higher rental rate for such leased parcel pursuant to or in connection therewithwith the granting of any Governmental Approval, the Purchase Price shall be decreased by the net present value of the aggregate lease payments, discounted at a rate of 8% per annum. All reasonable If the environmental consultant conducting Buyer's additional environmental due diligence ("Buyer's Consultant") estimates that the Remediation Costs will exceed $400,000, Seller may elect to conduct its own additional environmental due diligence during the 60 day period following completion of Buyer's additional environmental due diligence, and if the environmental consultant conducting Seller's additional environmental due diligence ("Seller's Consultant") estimates that the Remediation Costs will be less than $400,000, Seller shall not be required to so remediate or exclude such parcel of Fee Realty or such Exchange unless Buyer elects to pursue an arbitration conducted as contemplated by Article 8 and the arbitrator estimates that the Remediation Costs will exceed $400,000. The costs of the Transaction Screens required by this Section shall be borne equally by Buyer and expenses Seller, and the costs of any additional environmental due diligence (the scope of which shall be reasonably acceptable to Seller) shall be borne by the party conducting such additional due diligence. Buyer shall indemnify Seller for any liabilities or losses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended Seller as a release result of any liability for additional environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Leasedue diligence conducted by Buyer.

Environmental Inspections. (a) In the event that Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIIXX, or that there may exist any violation of Environmental Law or presence of Hazardous Substances in excess of an applicable standard that would require investigation, remediation or other corrective action pursuant to Environmental Law in, on, from, under or about any Demised Premises, or if Landlord desires to do so in connection with the prospective sale, leasing, financing, development or development of any portion of the Property (including the Demised Premises), Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five fifteen (515) days written notice days’ Notice to Tenant, except in the case of an emergency emergency, in which event no notice shall be required, to conduct (or cause to be conducted) an inspection of the Leased Property Demised Premises to determine the existence of such violation of Environmental Law or such presence of Hazardous Substances Substances. During said 15-day period, at Tenant’s request Landlord’s environmental representatives shall meet and confer in good faith with Tenant’s environmental representatives, in an attempt to agree on or about a potential plan of action for any such inspection, including testing, sampling and monitoring, in a commercially reasonable and cost-effective manner. At the Leased Property. expiration of such 15-day period (except in the case of an emergency), Landlord shall have the right to enter and inspect the Leased PropertyDemised Premises, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, monitoring, sampling and analyses (collectively, “Inspections”) it deems reasonably necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided thatDemised Premises, except in the case subject to any agreed plan of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference action with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of TenantTenant (if any). Landlord may, in its reasonable discretion, retain such experts to conduct the inspection, perform the tests referred to herein, Inspections and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 20.5 with respect to any Known Environmental Problems shall be paid on demand as Additional Charges by Tenant to Landlord, any failure to pay the same shall bear interest and be subject to terms of conduct by Tenant as provided with respect to Environmental Costs in Section 20.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancyKnown Environmental Problems. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy and any Known Environmental Problem regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XX shall survive the expiration or earlier termination of this Master Lease with respect to any or all Demised Premises for any reason whatsoever.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIIV, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property in a reasonable manner and upon not less than five (5) days days’ written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Additional Leased Property to determine the existence or presence of Hazardous Substances on or about the Additional Leased Property. Landlord shall have the right to enter and inspect the Additional Leased Property, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Additional Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of the Master Lease. The obligations set forth in this Article shall survive the expiration or earlier termination of the Master Lease.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency of imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency of imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations The inspections under this Article XXXII, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon not less than five (5) days written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection Paragraph 4.C may include Phase I environmental inspections of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord shall have the right to enter and inspect the Leased Real Property, Phase II environmental inspections or other invasive inspections or sampling of soil or materials, including without limitation construction materials, either as part of the Phase I inspections or any other inspections. If Buyer chooses to perform any Phase II or other invasive inspections or sampling, (upon i) Buyer shall notify Seller in writing not less than ten (10) business days written before the date in which the Phase II or other invasive inspection or sampling is scheduled to take place, (ii) such notice shall include the proposed scope of work and the party who will perform the work shall be subject to Tenant Seller’s review and reasonable approval and (iii) the work shall be performed in accordance with such terms and conditions as Seller shall reasonably prescribe (e.g., insurance). At Seller’s request and provided that Seller is not in default of this Agreement, Buyer shall deliver to Seller (at no cost to Seller) copies of any final form Phase II or other environmental reports (to the extent in Buyer’s possession as of the date of request by Seller) to which Seller consents as provided above; provided however, Buyer shall not be liable for invasive testing except any information contained in such reports and Buyer makes absolutely no representation or warranty of any kind regarding any such reports. In the event Buyer determines that remediation is required due to the presence of Hazardous Materials upon the Real Property, then, notwithstanding anything herein to the contrary, the Closing shall not occur unless and until Seller has assumed, to Buyer’s satisfaction, full and complete financial responsibility for that remediation on the Real Property that is within a timeframe, and in accordance with a remedial action work plan (“RAW”), acceptable to Buyer and the appropriate environmental oversight agency. Buyer acknowledges and agrees that Seller may agree to assume such responsibility in the case exercise of emergency when no advance notice shall be required; providedSeller’s sole and absolute discretion. Subject to the mutual agreement of the parties, the implementation of the RAW may occur subsequent to the Closing. If for any reason Seller fails to assume responsibility for that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testingremediation, sampling and analyses it deems necessary and then Buyer shall have the right (but not the obligation) to inspect Hazardous Substances brought into terminate this Agreement. Within thirty (30) days following the Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy delivery of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to RAW as provided herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease.Buyer shall

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses 165 it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

Environmental Inspections. (a) In the event that Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIIXX, or that there may exist any violation of Environmental Law or presence of Hazardous Substances in excess of an applicable standard that would require investigation, remediation or other corrective action pursuant to Environmental Law in, on, from, under or about any Demised Premises, or if Landlord desires to do so in connection with the prospective sale, leasing, financing, development or development of any portion of the Property (including the Demised Premises), Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five fifteen (515) days written notice days’ Notice to Tenant, except in the case of an emergency emergency, in which event no notice shall be required, to conduct (or cause to be conducted) an inspection of the Leased Property Demised Premises to determine the existence of such violation of Environmental Law or such presence of Hazardous Substances Substances. During said 15‑day period, at Tenant’s request Landlord’s environmental representatives shall meet and confer in good faith with Tenant’s environmental representatives, in an attempt to agree on or about a potential plan of action for any such inspection, including testing, sampling and monitoring, in a commercially reasonable and cost‑effective manner. At the Leased Property. expiration of such 15‑day period (except in the case of an emergency), Landlord shall have the right to enter and inspect the Leased PropertyDemised Premises, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, monitoring, sampling and analyses (collectively, “Inspections”) it deems reasonably necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided thatDemised Premises, except in the case subject to any agreed plan of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference action with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of TenantTenant (if any). Landlord may, in its reasonable discretion, retain such experts to conduct the inspection, perform the tests referred to herein, Inspections and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 20.5 with respect to any Known Environmental Problems shall be paid on demand as Additional Charges by Tenant to Landlord, any failure to pay the same shall bear interest and be subject to terms of conduct by Tenant as provided with respect to Environmental Costs in Section 20.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancyKnown Environmental Problems. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy and any Known Environmental Problem regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XX shall survive the expiration or earlier termination of this Master Lease with respect to any or all Demised Premises for any reason whatsoever.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the 109 date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

Environmental Inspections. In the event Landlord Lender has a reasonable basis to believe that Tenant Borrower is in breach of its obligations under this Article XXXIISection 5.1.19, Landlord Lender shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon not less than five (5) days written notice to TenantBorrower, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord Lender shall have the right to enter and inspect the Leased Property, (upon not less than ten (10) days written notice to Tenant Borrower for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord Lender shall provide notice to Tenant Borrower within a reasonable period thereafter) conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect Hazardous Substances brought into the Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord Lender shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of TenantBorrower. Landlord Lender may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord Lender under this Section 32.5 5.1.19(e) shall be paid on demand as Additional Charges by Tenant Borrower to LandlordLender. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxBorrower’s tenancyownership and control of the Property. To the extent Tenant Borrower may be liable pursuant to this Article XXXIISection 5.1.19, Tenant Borrower shall remain liable for any environmental condition related to or having occurred during its tenancy ownership of the Property regardless of when such conditions are discovered and regardless of whether or not Landlord Lender conducts an environmental inspection at the termination time of this Master Leaseany foreclosure of deed-in-lieu of foreclosure of the Security Instrument.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease.. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease. 150

Environmental Inspections. In the event Landlord has a reasonable basis Borrower hereby grants to believe that Tenant is in breach of Lender, its obligations under this Article XXXIIagents, Landlord shall have the rightemployees, from time to timeconsultants and contractors, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon not less than five (5) days written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord shall have the right to enter upon the Facilities upon reasonable advance notice, and inspect to perform such tests on the Leased Property, (upon not less than ten (10) days written notice Facilities as Lender reasonably deems necessary and to Tenant for invasive testing except in conduct such review and/or investigation of the case of emergency when no advance notice shall be requiredFacilities as Lender deems necessary or desirable to confirm Borrower's compliance with Section 7.6 and 7.7; provided, however, in the exercise of such rights Lender shall take due care not to unreasonably interfere with Borrower's operations at the Facilities. Borrower shall pay for any such tests performed by Lender, its agents, employees, consultants or contractors, provided that Landlord Lender has reasonable grounds to believe that Environmental Activities in violation of the Hazardous Materials Laws have occurred or may imminently occur. For the purposes of the preceding sentence, Lender shall provide notice be deemed to Tenant within a have reasonable period thereafter) conduct grounds to believe that Environmental Activities in violation of the Hazardous Materials Laws have occurred or may immediately occur if the tests performed by or on behalf of Lender indicate that Environmental Activities in violation of the Hazardous Materials Laws actually occurred. Borrower hereby acknowledges and agrees that Lender, its agents, employees, consultants and contractors will be deemed to be the agents of Borrower when entering on the Facilities and performing tests pursuant to the foregoing sentence. Notwithstanding Lender's review and/or approval of any testingenvironment reports, sampling and analyses it deems necessary and assessments, or evaluations, either before or after the execution of this Agreement, Borrower shall have the right to inspect Hazardous Substances brought into sole responsibility of ensuring its compliance with the Leased Property; provided that, except provisions of Sections 7.6 and 7.7 and nothing contained in this Agreement shall be deemed or construed as placing any responsibility upon Lender for any of Borrower's Environmental Activities. Borrower shall not be relieved of its responsibility as set forth in the case preceding sentence as a result of emergency any mistake, error, act or during the occurrence and continuance of an Event of Defaultomission by Lender or its agents, Landlord shall use commercially reasonable efforts to cause any such testingemployees, sampling and analyses to be performed consultants or contractors in such a manner so as to reasonably minimize any interference connection with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord mayreview, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection approval or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release enforcement of any liability for environmental conditions subsequently determined to be associated with reports, assessments or to have occurred during Xxxxxx’s tenancyevaluations, whenever made, or the monitoring by Lender of Borrower's Environmental Activities. To In addition tO the extent Tenant may be liable pursuant to this Article XXXIIforegoing, Tenant no mistake, error, act or omission by Lender or its agents, employees, consultants or contractors shall remain liable for create any environmental condition related to or having occurred during its tenancy regardless rights in favor of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Leaseany Person other than Borrower, including, without limitation, third party beneficiary rights.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXII, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon not less than five (5) days written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord shall have the right to enter and inspect the Leased Property, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect Hazardous Substances brought into the Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith. All In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXII, all reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease.. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease. 155

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof 148 (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXIISections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property hours and upon not less than five (5) days Business Days written notice to Tenant, Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event no notice Landlord shall be requiredundertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased PropertyProperty or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased PropertyProperty or any portion thereof, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect Hazardous Substances materials brought into the Leased Property; provided that, except in the case of emergency Property or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenantportion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewiththerewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All reasonable costs and expenses incurred by Landlord under this Section 32.5 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid on demand as Additional Charges by Tenant to LandlordLandlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted 152 shall in no fashion be intended as constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during XxxxxxTenant’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

Environmental Inspections. In The inspections under Paragraph 5.C may include Phase I environmental inspections of the event Landlord has a reasonable basis Real Property, Phase II environmental inspections or other invasive inspections or sampling of soil or materials, including without limitation construction materials, either as part of the Phase I inspections or any other inspections. If Buyer chooses to believe that Tenant is perform any Phase II or other invasive inspections or sampling, (i) Buyer shall notify Seller in breach of its obligations under this Article XXXII, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon writing not less than five (5) days written notice to Tenant, except in before the case of an emergency date in which event no the Phase II or other invasive inspection or sampling is scheduled to take place, (ii) such notice shall include the proposed scope of work and the party who will perform the work shall be requiredsubject to Seller’s review and reasonable approval and (iii) the work shall be performed in accordance with such terms and conditions as Seller shall reasonably prescribe (e.g., insurance). At Seller’s request and provided that Seller is not in default of this Agreement, Buyer shall deliver to conduct an inspection Seller (at no cost to Seller) copies of any final form Phase II or other environmental reports (to the extent in Buyer’s possession as of the Leased Property date of request by Seller) to determine which Seller consents as provided above; provided however, Buyer shall not be liable for any information contained in such reports and Buyer makes absolutely no representation or warranty of any kind regarding any such reports. In the existence or event Buyer determines that remediation is required due to the presence of Hazardous Substances on or about Materials upon the Leased Property. Landlord shall have the right to enter and inspect the Leased Real Property, (upon then, notwithstanding anything herein to the contrary, the Buyer and Seller shall promptly meet and confer to determine whether remediation will be performed and the financial responsibility for such remediation. In the event that the Parties cannot less than ten (10) days written notice to Tenant reach agreement on the process for invasive testing except in determining the case of emergency when no advance notice necessary remediation and financial responsibility thereto, the Agreement shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect Hazardous Substances brought into the Leased Property; provided that, except in the case deemed terminated without fault of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Leaseeither party.,

Environmental Inspections. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXII, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon not less than five (5) days written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord shall have the right to enter and inspect the Leased Property, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect Hazardous Substances brought into the Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease.. 32.6

Environmental Inspections. In Seller has provided Buyer with the event Landlord has Existing Environmental Reports listed on Schedule 7.10 (the “Existing Environmental Reports”). Within fifteen (15) days following the execution of this Agreement, Seller shall cause the preparer of the Existing Environmental Reports to provide by amendment thereto, or by a reasonable basis reliance letter reasonably satisfactory to believe Buyer, that Tenant is in breach of its obligations under this Article XXXII, Landlord Buyer and the applicable Group Companies shall be deemed a party to and may rely upon the Existing Environmental Work and shall have the right, from time to time, during normal business hours, subject to benefit of the rights insurance coverage for the Existing Environmental Work provided by the preparer. For a period of subtenants and hotel guests at the Leased Property and upon not less than forty-five (545) days written notice to Tenantfollowing the execution of this Agreement (the “Environmental Inspection Period”), except in the case of an emergency in which event no notice shall be requiredBuyer and Buyer’s agents, to conduct an inspection of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord representatives and contractors shall have the right to enter upon the Owned Real Property for the purpose of conducting such tests, assessments, evaluations and inspect investigations as Buyer may determine in its sole discretion, in order to evaluate and determine the Leased current environmental condition of the Owned Real Property, including without limitation Phase I or Phase II environmental assessments of any Owned Real Property not covered by the Existing Environmental Reports (upon not less than ten or, if Seller is unable to provide the assurances set forth above as to the Existing Environmental Reports, all of the Owned Real Property) and updates of any existing Phase I or Phase II assessments in order to bring them current under AAI standards for CERCLA. Within five (105) days after the expiration of the Environmental Inspection Period, Buyer shall give written notice to Tenant for invasive testing except Seller of any breach of Section 5.19, which would reasonably be expected to materially and adversely affect the use or operation of a Facility or Facilities in the case of emergency when no advance notice shall be required; provided, that Landlord manner in which such Facility or Facilities have historically been operated by Seller (“Environmental Conditions”). Buyer shall provide Seller with a copy of Buyer’s Environmental Inspections reflecting such Environmental Conditions. If Buyer gives notice of any Environmental Conditions to Tenant within Seller, and if such Environmental Conditions constitute a reasonable period thereafter) conduct any testingbreach of Section 5.19, sampling and analyses it deems necessary and shall have the right to inspect Hazardous Substances brought into the Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord Seller shall use commercially reasonable efforts to cause cure any Defect identified in a Defect Notice. Should Seller, notwithstanding the use of commercially reasonable efforts, not have cured by Closing any such testingEnvironmental Conditions referenced in the Buyer’s Environmental Inspections, sampling and analyses the failure to cure such Environmental Condition(s) shall reasonably be performed in such expected to have a manner so as Group Companies Material Adverse Effect, then Seller may elect to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord mayeither terminate this Agreement, in its discretion, retain such experts which event neither Seller nor Buyer shall have any further obligation to conduct the inspection, perform other hereunder except those obligations which by the tests referred to herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination express terms of this Master LeaseAgreement shall survive any such termination or, waive such right to terminate this Agreement.