Common use of Environmental Monitoring Clause in Contracts

Environmental Monitoring. Grantor shall give prompt written notice to Beneficiary of: (a) any proceeding or inquiry by any party with respect to the presence of any Hazardous Substances on, under, from or about the Property; (b) all claims made or threatened by any third party against Grantor or the Property relating to any loss or injury resulting from any Hazardous Substances; and (c) Grantor’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property to be subject to any investigation or cleanup pursuant to any Environmental Laws. Grantor shall permit Beneficiary to join and participate, as a party if it so elects, in any legal proceedings or actions initiated with respect to the Property in connection with any Environmental Laws or Hazardous Substances, and Borrower shall pay all attorneys’ fees incurred by Beneficiary in connection therewith. In the event that any environmental site assessment report prepared for the Property recommends that an operations and maintenance plan be implemented for Asbestos or any Hazardous Substances, Grantor shall cause such operations and maintenance plan to be prepared and implemented at Grantor’s expense upon request of Beneficiary and in accordance with the recommendation. In the event that any inspection, assessment, investigation, site monitoring, containment, cleanup, removal, restoration, corrective action or other work of any kind to prevent, cure or mitigate any release, spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching or migration into the indoor or outdoor environment, including, without limitation, the movement of Hazardous Substances through ambient air, soil, surface water, ground water, wetlands, land or subsurface strata, or which is reasonably necessary or desirable under an applicable Environmental Law (“Remedial Work”) is recommended, Grantor shall, at Borrower’s sole cost and expense, commence and thereafter diligently prosecute to completion all such Remedial Work within thirty (30) days after written demand by Beneficiary for performance thereof (or such shorter period of time as may be required under applicable law).

Appears in 3 contracts

Samples: Security Agreement (Innkeepers Usa Trust/Fl), Substitute Management Agreement (Innkeepers Usa Trust/Fl), Substitute Management Agreement (Innkeepers Usa Trust/Fl)

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Environmental Monitoring. Grantor Borrower shall give prompt written notice to Beneficiary Lender of: (a) any proceeding or written inquiry by any party with respect to the presence of any Hazardous Substances Substance on, under, from or about any of the Property; (b) all claims made or threatened in writing by any third party against Grantor Borrower or the any Property relating to any loss or injury resulting from any Hazardous SubstancesSubstance; and (c) Grantor’s Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the any Property that could reasonably cause the such Property to be subject to any investigation or cleanup pursuant to any Environmental LawsLaw. Grantor Borrower shall permit Beneficiary Lender to join and participate, as a party if it so elects, in any legal proceedings or actions initiated with respect to any of the Property in connection with any Environmental Laws Law or Hazardous SubstancesSubstance, and Borrower shall pay all reasonable attorneys' fees incurred by Beneficiary Lender in connection therewith. In the event that any environmental site assessment report prepared for any of the Property recommends that an operations and maintenance plan be implemented for Asbestos or any Hazardous SubstancesSubstance, Grantor Borrower shall cause such operations and maintenance plan to be prepared and implemented at Grantor’s Borrower's expense upon request of Beneficiary Lender and in accordance with the recommendation. In the event that any inspection, assessment, investigation, site monitoring, containment, cleanup, removal, restoration, corrective action or other work of any kind to prevent, cure or mitigate any release, spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching or migration into the indoor or outdoor environment, including, without limitation, the movement of Hazardous Substances through ambient air, soil, surface water, ground water, wetlands, land or subsurface strata, or which is reasonably necessary or desirable under an applicable Environmental Law ("Remedial Work") is recommendedrecommended by any such environmental site assessment report, Grantor Borrower shall, at Borrower’s its sole cost and expense, commence and thereafter diligently prosecute to completion all such Remedial Work within thirty (30) days after written demand by Beneficiary Lender for performance thereof (or such shorter period of time as may be required under applicable law).

Appears in 1 contract

Samples: Loan Agreement (Candlewood Hotel Co Inc)

Environmental Monitoring. Grantor shall give prompt written notice to Beneficiary of: (a) any proceeding or inquiry by any party with respect to the presence of any Hazardous Substances on, under, from or about the Property; (b) all claims made or threatened by any third party against Grantor or the Property relating to any loss or injury resulting from any Hazardous Substances; and (c) Grantor’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property to be subject to any investigation or cleanup pursuant to any Environmental Laws. Grantor shall permit Beneficiary to join and participate, as a party if it so elects, in any legal proceedings or actions initiated with respect to the Property in connection with any Environmental Laws or Hazardous Substances, and Borrower shall pay all reasonable attorneys’ fees incurred by Beneficiary in connection therewith. In the event that any environmental site assessment report prepared for the Property recommends that an operations and maintenance plan be implemented for Asbestos or any Hazardous Substances, Grantor shall cause such operations and maintenance plan to be prepared and implemented at Grantor’s expense upon request of Beneficiary and in accordance with the recommendation. In the event that any inspection, assessment, investigation, site monitoring, containment, cleanup, removal, restoration, corrective action or other work of any kind to prevent, cure or mitigate any release, spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching or migration into the indoor or outdoor environment, including, without limitation, the movement of Hazardous Substances through ambient air, soil, surface water, ground water, wetlands, land or subsurface strata, or which is reasonably necessary or desirable under an applicable Environmental Law (“Remedial Work”) is recommended, Grantor shall, at Borrower’s sole cost and expense, commence and thereafter diligently prosecute to completion all such Remedial Work within thirty sixty (3060) days after written demand by Beneficiary for performance thereof (or such shorter period of time as may be required under applicable law).

Appears in 1 contract

Samples: Innkeepers Usa Trust/Fl

Environmental Monitoring. Grantor shall give prompt written notice to Beneficiary of: (a) any proceeding or inquiry by any party with respect to the presence of any Hazardous Substances Substance on, under, from or about the Property; (b) all claims made or threatened by any third party against Grantor or the Property relating to any loss or injury resulting from any Hazardous SubstancesSubstance; and (c) Grantor’s 's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property to be subject to any investigation or cleanup pursuant to any Environmental LawsLaw. Grantor shall permit Beneficiary to join and participate, as a party if it so elects, in any legal proceedings or actions initiated with respect to the Property in connection with any Environmental Laws Law or Hazardous SubstancesSubstance, and Borrower Grantor shall pay all attorneys' fees incurred by Beneficiary in connection therewith. In the event that any environmental site assessment report prepared for the Property recommends that an operations and maintenance plan be implemented for Asbestos or any Hazardous SubstancesSubstance, Grantor shall cause such operations and maintenance plan to be prepared and implemented at Grantor’s 's expense upon request of Beneficiary and in accordance with the recommendation. In the event that any inspection, assessment, investigation, site monitoring, containment, cleanup, removal, restoration, corrective action or other work of any kind to prevent, cure or mitigate any release, spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching or migration into the indoor or outdoor environment, including, without limitation, the movement of Hazardous Substances through ambient air, soil, surface water, ground water, wetlands, land or subsurface strata, or which is reasonably necessary or desirable under an applicable Environmental Law ("Remedial Work") is recommended, Grantor shall, at Borrower’s its sole cost and expense, commence and thereafter diligently prosecute to completion all such Remedial Work within thirty (30) days after written demand by Beneficiary for performance thereof (or such shorter period of time as may be required under applicable law).

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Equity Inns Inc)

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Environmental Monitoring. Grantor Borrower shall give prompt written notice to Beneficiary Lender of: (a) any proceeding or inquiry by any party with respect to the presence of any Hazardous Substances Substance on, under, from or about the Property; (b) all claims made or threatened by any third party against Grantor Borrower or the Property relating to any loss or injury resulting from any Hazardous SubstancesSubstance; and (c) GrantorBorrower’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property to be subject to any investigation or cleanup pursuant to any Environmental LawsLaw. Grantor Borrower shall permit Beneficiary Lender to join and participate, as a party if it so elects, in any legal proceedings or actions initiated with respect to the Property in connection with any Environmental Laws Law or Hazardous SubstancesSubstance, and Borrower shall pay all reasonable attorneys’ fees incurred by Beneficiary Lender in connection therewith. In the event that any environmental site assessment report prepared for the Property recommends that an operations and maintenance plan be implemented for Asbestos or any Hazardous SubstancesSubstance, Grantor Borrower shall cause such operations and maintenance plan to be prepared and implemented at GrantorBorrower’s expense upon request of Beneficiary Lender and in accordance with the recommendation. In the event that any inspection, assessment, investigation, site monitoring, containment, cleanup, removal, restoration, corrective action or other work of any kind to prevent, cure or mitigate any release, spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching or migration into the indoor or outdoor environment, including, without limitation, the movement of Hazardous Substances through ambient air, soil, surface water, ground water, wetlands, land or subsurface strata, or which is reasonably necessary or desirable under an applicable Environmental Law or recommended by a third-party professional retained by Lender (“Remedial Work”) is recommended, Grantor Borrower shall, at Borrower’s its sole cost and expense, commence and thereafter diligently prosecute to completion all such Remedial Work within thirty (30) days after written demand by Beneficiary Lender for performance thereof (or such shorter period of time as may be required under applicable law).

Appears in 1 contract

Samples: Profits and Security Agreement (Wyndham International Inc)

Environmental Monitoring. Grantor Borrower shall give prompt written notice notices to Beneficiary Lender of: (a) any proceeding or inquiry by any party with respect to the presence of any Hazardous Substances Substance on, under, from or about the Mortgaged Property; (b) all claims made or threatened by any third party against Grantor Borrower or the Mortgaged Property relating to any loss or injury resulting from any Hazardous SubstancesSubstance; and (c) Grantor’s Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Mortgaged Property that could cause the Mortgaged Property to be subject to any investigation or cleanup pursuant to any Environmental LawsLaw. Grantor Borrower shall permit Beneficiary Lender to join and participate, as a party if it so elects, in any legal proceedings or actions initiated with respect to the Mortgaged Property in connection with any Environmental Laws Law or Hazardous SubstancesSubstance, and Borrower shall pay all attorneys' fees (including on appeal) incurred by Beneficiary Lender in connection therewith. In the event that any environmental site assessment report prepared for the Mortgaged Property recommends that an operations and maintenance plan be implemented for Asbestos or any Hazardous SubstancesSubstance, Grantor Borrower shall cause such operations and maintenance plan to be prepared and implemented at Grantor’s Borrower's expense upon request of Beneficiary Lender and in accordance with the recommendation. In the event that any inspection, assessment, investigation, site monitoring, containment, cleanup, removal, restoration, corrective action or other work of any kind to prevent, cure or mitigate any release, spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching or migration into the indoor or outdoor environment, including, without limitation, the movement of Hazardous Substances through ambient air, soil, surface water, ground water, wetlands, land or subsurface strata, or which is reasonably necessary or desirable under an applicable Environmental Law ("Remedial Work”) is recommended"), Grantor Borrower shall, at Borrower’s its sole cost and expense, commence and thereafter diligently prosecute to completion all such Remedial Work within thirty (30) 30 days after written demand by Beneficiary Lender for performance thereof (or such shorter period of time as may be required under applicable law).

Appears in 1 contract

Samples: Loan Agreement (Servico Market Center Inc)

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