Common use of Exacerbation Clause in Contracts

Exacerbation. Tenant shall not be responsible to remediate a Pre-Existing Condition. Notwithstanding the foregoing, if Tenant exacerbates a Pre-Existing Condition of which it had knowledge (as a result of Tenant’s investigative or remedial activities or otherwise) during the Term, the provisions of this Article XXX shall apply solely to such exacerbation of the Pre-Existing Condition as if it were an Environmental Condition, and Tenant shall perform Environmental Remediation as to such exacerbation.

Appears in 2 contracts

Samples: Industrial Building Lease (Power Solutions International, Inc.), Industrial Building Lease (Power Solutions International, Inc.)

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Exacerbation. Tenant shall not be responsible to remediate for the remediation of a Pre-Existing Condition. Notwithstanding the foregoing, if Tenant shall not exacerbate a Pre-Existing Condition. If Tenant or any member of Tenant Group exacerbates a Pre-Existing Condition of which it had knowledge (as a result of Tenant’s investigative or remedial activities or otherwise) during the Term, the provisions of this Article XXX shall apply solely to such exacerbation of the Pre-Existing Condition as if it were an Environmental Condition, and Tenant shall perform Environmental Remediation as to such exacerbation.

Appears in 2 contracts

Samples: Lease (5.11 Abr Corp.), Lease (Dixie Group Inc)

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Exacerbation. Tenant shall not be responsible to remediate a Pre-Existing Condition. Notwithstanding the foregoing, if If Tenant exacerbates a Pre-Pre Existing Condition of which it had knowledge (as a result of Tenant’s investigative or remedial activities or otherwise) during the Term, the provisions of this Article XXX shall apply solely to such exacerbation of the Pre-Pre Existing Condition as if it were an Environmental Condition, and Tenant shall perform Environmental Remediation as to such exacerbation.

Appears in 1 contract

Samples: Akorn Inc

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