Common use of Environmental Testing Clause in Contracts

Environmental Testing. Seller shall provide Purchaser copies of each of the Phase I Site Assessments prepared for the Facilities by EMG (the "Existing Site Assessments"), each of which are dated August 22, 1997. Purchaser may, at its option and expense, have the Existing Site Assessments addressed and certified to Purchaser, in which event Seller agrees to cooperate with Purchaser in obtaining such recertifications. In the event Purchaser desires further testing, Seller hereby grants to Purchaser and its agents the right to enter upon the Premises at any reasonable time or times after the Effective Date to conduct, at Purchaser's sole cost and expense, such further inspections, investigations, and tests as are necessary to complete Purchaser's own Preliminary Environmental Site Assessment ("PESA") at each Facility. If any such PESA shall indicate that any Hazardous Material may be located at the Premises, Seller hereby grants to Purchaser and its agents the right to conduct such additional inspections, investigations and tests of the Premises, including, without limitation, test borings, to determine whether, in fact, any Hazardous Material is located at the Premises. In connection with the conduct of such PESA's and any further testing warranted thereby (collectively, the "Environmental Testing"), Purchaser agrees, at Purchaser's sole cost and expense, to repair any damage to the Premises resulting from such Environmental Testing. Purchaser shall hold confidential the information in the Existing Site Assessments and results of the Environmental Testing in the event Purchaser does not close the transaction contemplated by this Agreement; provided, however, that in the event any Hazardous Material is discovered at the Premises and Purchaser is required by law to disclose such finding to governmental authorities, Purchaser shall have the right to disclose such finding to such authorities without liability to Purchaser; provided, further, that Purchaser shall disclose such findings to Seller prior to disclosure of such findings to any governmental authorities.

Environmental Testing. Seller shall provide Purchaser copies of each of the Phase I Site Assessments prepared for the Facilities by EMG (the "Existing Site Assessments"), each of which are dated August 22, 1997. Purchaser may, at its option and expense, have the Existing Site Assessments addressed and certified to Purchaser, in which event Seller agrees to cooperate with Purchaser in obtaining such recertifications. In the event Purchaser desires further testing, Seller hereby grants to Purchaser and its agents the right to enter upon the Premises at any reasonable time or times after the Effective Date to conduct, at Purchaser's sole cost and expense, such further preliminary inspections, investigations, and tests as are necessary to complete Purchaser's own a Preliminary Environmental Site Assessment ("PESA") at each Facility. If any such PESA shall indicate that any Hazardous Material may be located at the Premises, Seller hereby grants to Purchaser and its agents the right to conduct such additional inspections, investigations investigations, and tests of the Premises, including, without limitation, test borings, to determine whether, in fact, any Hazardous Material is located at the Premises. In connection with the conduct of such PESA's and any further testing warranted thereby (collectively, the "Environmental Testing"), Purchaser agrees, at Purchaser's sole cost and expense, to repair any damage to the Premises resulting from such Environmental Testing. Purchaser shall hold confidential the information in the Existing Site Assessments and results of the Environmental Testing in the event Purchaser does not close the transaction contemplated by this Agreement; provided, however, that in the event any Hazardous Material is discovered at the Premises and Purchaser is required by law to disclose such finding to governmental authorities, Purchaser shall have the right to disclose such finding to such authorities without liability to Purchaser; provided, further, that Purchaser shall disclose such findings to Seller prior to their disclosure of such findings to any governmental authorities.

Environmental Testing. Seller shall provide Purchaser copies of each of (a) Subject to the Phase I Site Assessments prepared for the Facilities by EMG (the "Existing Site Assessments")conditions set forth herein, each of which are dated August 22, 1997. Purchaser may, at its option and expense, Sellers have the Existing Site Assessments addressed and certified to Purchaser, in which event Seller agrees to cooperate with Purchaser in obtaining such recertifications. In the event Purchaser desires further testing, Seller hereby grants to Purchaser and its agents the right to enter upon the Premises at any reasonable time or times after the Effective Date to conduct, at Purchaser's sole cost and expense, such further inspections, investigations, and tests as are necessary to complete Purchaser's own Preliminary Environmental Site Assessment ("PESA") at each Facility. If any such PESA shall indicate that any Hazardous Material may be located at the Premises, Seller hereby grants to Purchaser and its agents the right to conduct such additional inspectionsenvironmental testing, investigations and tests at their own expense, at any of the PremisesReal Property by providing written notice to the Buyer within ninety (90) days after the Closing Date. The Buyer and the Company agree to provide access to said Real Property to Sellers and Sellers' consultants and contractors, and to reasonably cooperate with Sellers and Sellers' consultants, with respect to said environmental testing, including, but not limited to, providing all relevant information to Sellers and their consultants and contractors relating to any potential obstructions that may interfere with environmental testing or cause property damage or personal injury. (b) If Sellers determine that they desire to conduct environmental testing as set forth above, Sellers shall provide written notice to Buyer at least five business days prior to the date Sellers desire to conduct such environmental testing. Sellers' written notice shall include a copy of the proposed sampling plan with respect to each property at which they proposed to conduct testing. The sampling plan shall include, at a minimum, a reasonable approximation of where samples will be collected; the environmental media to be sampled; and the analyses which Sellers proposed to perform on said samples. (c) Prior to being allowed access to the Real Property, Sellers' consultants or contractors shall provide to Buyer copies of insurance certificates demonstrating that said consultants or contractors have appropriate insurance (in amounts consistent with customary industry standards) to insure against property damage or personal injury claims that may result from the performance of the environmental testing. (d) Sellers agree that they shall be responsible for ensuring that after the completion of environmental testing, their consultants or contractors shall restore the Real Property to its prior condition, including, but not limited to, taking all steps required to properly abandon any monitoring ▇▇▇▇▇ that have been installed in connection with the environmental testing. (e) Sellers agree that they shall promptly provide Buyer with copies of any sampling results and related reports with respect to the environmental testing conducted pursuant to this provision. Sellers also agree that if, as a result of the environmental testing, reporting to a Governmental Authority is required, Sellers shall notify Buyer prior to reporting its findings to said Governmental Authority. (f) Buyer may accompany and monitor the environmental testing performed by Sellers pursuant to this Section 6.13, including, without limitation, test boringsretaining, at its own expense, its own consultants, attorneys or other professionals to determine whether, in fact, any Hazardous Material is located at the Premisesmonitor said environmental testing. In connection with addition, Sellers agree that they will allow Buyer to collect split samples at Buyer's request if it is reasonably practicable given the conduct amount of such PESA's and sample collected in any further testing warranted thereby (collectively, the "Environmental Testing"), Purchaser agrees, at Purchaser's sole cost and expense, to repair any damage to the Premises resulting from such Environmental Testing. Purchaser shall hold confidential the information in the Existing Site Assessments and results of the Environmental Testing in the event Purchaser does not close the transaction contemplated by this Agreement; provided, however, that in the event any Hazardous Material is discovered at the Premises and Purchaser is required by law to disclose such finding to governmental authorities, Purchaser shall have the right to disclose such finding to such authorities without liability to Purchaser; provided, further, that Purchaser shall disclose such findings to Seller prior to disclosure of such findings to any governmental authoritiesparticular instance.

Environmental Testing. Seller shall provide Purchaser copies of each of At any time during the Phase I Site Assessments prepared for the Facilities by EMG Term (the "Existing Site Assessments"and any renewals thereof), each of which are dated August 22but not more than once in any preceding twelve (12) month period, 1997. Purchaser may, at its option and expense, Landlord shall have the Existing Site Assessments addressed and certified to Purchaser, in which event Seller agrees to cooperate with Purchaser in obtaining such recertifications. In the event Purchaser desires further testing, Seller hereby grants to Purchaser and its agents the right to enter upon the Premises at any reasonable time or times after the Effective Date to conduct, at Purchaser's Landlord’s sole cost and expense, such further inspectionsenvironmental audits, investigations, and tests as are necessary to complete Purchaser's own Preliminary Environmental Site Assessment ("PESA") at each Facility. If any such PESA shall indicate that any Hazardous Material may be located at and/or site assessments on the Premises, Seller hereby grants to Purchaser and its agents the right to conduct such additional inspections, investigations and tests of the Premises, including, without limitation, test borings, to determine whether, in fact, any Hazardous Material is located at the Premises. In connection with the conduct of such PESA's and any further testing warranted thereby (collectively, the "Environmental Testing"), Purchaser agrees, at Purchaser's sole cost and expense, to repair any damage to the Premises resulting from such Environmental Testing. Purchaser shall hold confidential the information in the Existing Site Assessments and results of the Environmental Testing in the event Purchaser does not close the transaction contemplated by this AgreementGenerator Site; provided, however, that if Landlord discovers through such audits, tests and/or site assessments conditions at the Generator Site that do not comply with applicable legal environmental standards, Tenant shall reimburse Landlord for Landlord’s reasonable, out-of-pocket costs and expenses associated with such audits, tests and/or site assessments, which costs and expenses shall be due and payable by Tenant within ten (10) days after receipt of an invoice from Landlord, together with appropriate documentation evidencing such violation and such reasonable costs and expenses. In the event such environmental audits, tests and/or site assessments discover conditions that do not meet legal environmental standards, Landlord shall immediately notify Tenant of such conditions and Tenant shall immediately correct, at Tenant’s sole cost and expense, any such conditions in accordance with applicable laws and as reasonably recommended by Landlord, including the cost of re-testing, whether or not formally ordered or required by applicable laws, unless such conditions were not caused by the installation, presence and/or operation of the Emergency Generator and/or the Generator Connecting Equipment or any other act or omission of Tenant or any Tenant Parties. Notwithstanding anything to the contrary in the event foregoing, the reasonable, out-of-pocket costs and expenses incurred by Landlord in connection with any Hazardous Material is discovered environmental audits, tests and/or site assessments on the Generator Site performed by or on behalf of Landlord at the Premises expiration of the Term of the Lease, or earlier removal of the Emergency Generator, shall be paid for by Tenant regardless of whether or not such audits, tests and/or site assessments discover conditions that do not meet legal environmental standards, and Purchaser is required by law to disclose Tenant shall reimburse Landlord for such finding to governmental authoritiescosts and expenses within ten (10) days after receipt of an invoice from Landlord, Purchaser shall have the right to disclose together with appropriate documentation evidencing such finding to such authorities without liability to Purchaser; provided, further, that Purchaser shall disclose such findings to Seller prior to disclosure of such findings to any governmental authoritiesreasonable costs and expenses.