Common use of Environmental Testing Clause in Contracts

Environmental Testing. (a) Prior to the Closing, Investor shall have the right, but not the obligation, to elect to conduct, at its expense (subject to the reimbursement provisions of Section 12.02), reasonable environmental testing of the Real Property. If Investor elects to have any Real Property so tested, Sellers shall, and shall cause the Company to, provide access to such Real Property and such personnel as may be reasonably requested by Investor or its appointed environmental engineering firm as may be deemed necessary by Investor or such firm in the furtherance of such testing. Investor will promptly share any formal written reports (e.g., Phase I Environmental Assessment Reports) of any such testing with Sellers’ Representative and the Company. If as a result of such environmental testing, Investor’s environmental engineering firm recommends any further Remedial Work, then the Company shall promptly undertake any and all such Remedial Work at Sellers’ sole cost and expense, subject to the Concession and Remediation Limit. (b) The Sellers shall indemnify, defend and hold harmless the Investor’s Indemnitees from any and all Losses resulting from or attributable to: (i) the presence of the environmental conditions giving rise to the Remedial Work, (ii) the Remedial Work, and (iii) the Remediation Costs. Notwithstanding anything to the contrary contained in this Agreement, in the event that any matter giving rise to indemnification pursuant to this Section 6.09 is also subject to indemnification pursuant to the terms of Section 10.02, then the indemnification set forth in this Section 6.09 shall prevail and the Investor’s Indemnitees shall be entitled to the indemnification set forth in this Section 6.09 without regard to any limitations set forth in Article X. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 6.09 shall survive the Closing.

Environmental Testing. (a) Prior If, during the Term hereof, as same may be extended, the Prime Landlord or any other Governmental Agency having jurisdiction over such matters, requires Landlord to the Closing, Investor shall have the right, but not the obligation, to elect to conduct, at its expense (subject to the reimbursement provisions of Section 12.02), reasonable undertake environmental testing of the Real Property. If Investor elects , then Tenant, shall undertake, or cause to have any Real Property so testedbe undertaken, Sellers shallat Landlord’s expense, and shall cause completed in the Company to, provide access to such Real Property and such personnel as may be reasonably requested time frame specified by Investor or its appointed environmental engineering firm as may be deemed necessary by Investor the Prime Landlord or such firm in the furtherance of such testing. Investor will promptly share any formal written reports (e.g.other Governmental Agency, an updated Phase I Environmental Assessment Reportsenvironmental audit of the Property and, if required by the Prime Landlord, or such other Governmental Agency after submission of an updated Phase I environmental audit of the Premises, a Phase II environmental audit (or then prevailing similar testing) of any such testing with Sellers’ Representative and the Company. If as a result of such environmental testing, Investor’s environmental engineering firm recommends any further Remedial Work, then the Company shall promptly undertake any and all such Remedial Work at Sellers’ sole cost and expense, subject to the Concession and Remediation LimitPremises. (b) The Sellers Phase I Report shall indemnify, defend and hold harmless the Investor’s Indemnitees from any and all Losses resulting from or attributable to: (i) the presence of the environmental conditions giving rise to the Remedial Work, (ii) the Remedial Work, and (iii) the Remediation Costs. Notwithstanding anything to the contrary contained in this Agreement, in the event that any matter giving rise to indemnification pursuant be attached to this Section 6.09 is also subject to indemnification pursuant to the terms of Section 10.02, then the indemnification Lease as Exhibit “F” and shall be incorporated herein by reference as well as those items set forth in this Section 6.09 7.03 (C) of the Prime Lease defined as the Baseline Disclosures and shall prevail and serve as evidence of the Investor’s Indemnitees presumed base line environmental condition of the Property as of the Effective Date. Tenant shall not be entitled responsible for any environmental conditions disclosed in the Exhibit “F” or the Baseline Disclosures, except to the indemnification extent Tenant exacerbates the environmental condition by its actions. Furthermore, the Parties recognize the possibility that not all pre-existing environmental conditions may be set forth in this Exhibit “F” or the Baseline Disclosures and any environmental conditions shown to be in existence prior to the Effective Date will be addressed in accordance with the terms and conditions of Section 6.09 without 7.03 (A) of the Prime Lease. Landlord agrees to support and assist Tenant in the efforts or actions it elects to take in connection with the County with regard to any limitations set forth Pre-Existing Environmental Conditions (as defined in Article X. Notwithstanding anything the Prime Lease), but Landlord shall have no obligation to the contrary contained remediate same, nor expend third party costs or expenses in this Agreement, the provisions of this Section 6.09 shall survive the Closingassisting Tenant in such efforts (unless Tenant agrees to reimburse such costs or expenses).