Common use of Inspection; Compliance with Law Clause in Contracts

Inspection; Compliance with Law. Lessor, Lessor's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises ("LENDERS") shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease and all Applicable Requirements (as defined in Paragraph 6.3), and Lessor shall be entitled to employ experts and/or consultants in connection therewith to advise Lessor with respect to Lessee's activities, including but not limited to Lessee's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. Notwithstanding anything herein to the contrary, and in addition to the foregoing, Lessee shall also provide to Lessor, at Lessee's sole cost and expense, within thirty (30) days of the termination of this Lease, a Phase I Environmental Report for the Premises (which may consist of an updated pre-existing Phase I Environmental Site Assessment covering the Premises), dated as of the expiration of the Lease Term, and to be performed by a company reasonably acceptable to Lessor. The costs and expenses of any such inspections shall be paid by the party requesting same, unless a Default or Breach of this Lease by Lessee or a violation of Applicable Requirements or a contamination, caused or materially contributed to by Lessee, is found to exist or to be imminent, or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. In such case, Lessee shall upon request reimburse Lessor or Lessor's Lender, as the case may be, for the costs and expenses of such inspections. Lessee acknowledges that Lessor has previously delivered to Lessee that certain Phase I Environmental Report prepared by Dames and Moorx, xxted October 24, 1996 and entitled "Phase I Environmental Site Assessment Update," which report summarizes the environmental status of the Premises and has been reviewed and approved by Lessee (the "Environmental Report"). After the Effective Date, but no later than June 15, 1997, Lessor shall conduct an "Entrance Assessment," consisting of a walk-through inspection and update of the Environmental Report, for the Premises only, performed by Dames and Moorx, xxe-half of such Entrance Assessment which shall be paid for at Lessor's cost and expense (which obligation shall not exceed $700), the remainder of the costs of which shall be deducted from Lessee's Tenant Improvement Allowance. In the event such Entrance Assessment indicates the existence of Hazardous Substances on, in or under the Premises, this Lease shall continue in full force and effect subject to the Lessor's obligations and rights under Section 9.7 of this Lease, respectively; provided, however, that the Entrance Assessment shall be deemed the physical condition of the Premises required for Lessee's surrender of the Premises in accordance with Paragraph 7.4(c) below.

Appears in 1 contract

Samples: Cardiodynamics International Corp

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Inspection; Compliance with Law. Lessor, Lessor's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises ("LENDERS") shall have the right to enter the Premises at any time in the case of an emergency, except that in an emergency, Lessor shall use its best efforts to provide reasonable notice, and otherwise at reasonable times, with at least forty-eight (48) hours prior notice to Lessee, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease and all Applicable Requirements (as defined in Paragraph 6.3), and Lessor shall be entitled to employ experts and/or consultants in connection therewith to advise Lessor with respect to Lessee's activities, including but not limited to Lessee's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. Notwithstanding anything herein to the contrary, and in addition to the foregoing, Lessee shall also provide to Lessor, at Lessee's sole cost and expense, within thirty (30) days of the termination of this Lease, a Phase I Environmental Report for the Premises (which may consist of an updated pre-existing Phase I Environmental Site Assessment covering the Premises), dated as of the expiration of the Lease Term, and to be performed by a company reasonably acceptable to Lessor. The costs and expenses of any such inspections shall be paid by the party requesting same, unless a Default or Breach of this Lease by Lessee or a violation of Applicable Requirements or a contamination, caused or materially contributed to by Lessee, is found to exist or to be imminent, or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. In such case, Lessee shall upon request reimburse Lessor or Lessor's Lender, as the case may be, for the costs and expenses of such inspections. Lessee acknowledges that In the event of any entry by Lessor has previously delivered to Lessee that certain Phase I Environmental Report prepared by Dames and Moorx, xxted October 24, 1996 and entitled "Phase I Environmental Site Assessment Update," which report summarizes the environmental status of onto the Premises and has been reviewed and approved by Lessee (the "Environmental Report"). After the Effective Date, but no later than June 15, 1997pursuant to this paragraph 6.4, Lessor shall conduct an "Entrance Assessment," consisting of a walk-through inspection and update of the Environmental Report, for the Premises only, performed by Dames and Moorx, xxe-half of such Entrance Assessment which shall be paid for at Lessor's cost and expense (which obligation shall use its best efforts not exceed $700), the remainder of the costs of which shall be deducted from to interfere with Lessee's Tenant Improvement Allowance. In the event such Entrance Assessment indicates the existence of Hazardous Substances on, in or under the Premises, this Lease shall continue in full force and effect subject to the Lessor's obligations and rights under Section 9.7 of this Lease, respectively; provided, however, that the Entrance Assessment shall be deemed the physical condition of the Premises required for Lessee's surrender of the Premises in accordance with Paragraph 7.4(c) belowbusiness operations.

Appears in 1 contract

Samples: Medibuy Com Inc

Inspection; Compliance with Law. LessorLandlord, LessorLandlord's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises Security Device ("LENDERSLenders") shall have the right to enter the Premises at any time in the case of an emergencyemergency (provided that Landlord shall be given Tenant notice of Landlord's entry into the Premises promptly after such entry), and otherwise at reasonable timestimes and upon reasonable advance notice, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee Tenant with this Lease and all Applicable Requirements (as defined in Paragraph 6.3)Requirements, and Lessor Landlord shall be entitled to employ experts and/or consultants in connection therewith to advise Lessor Landlord with respect to LesseeTenant's activities, including but not limited activities relating to LesseeTenant's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. Notwithstanding anything herein Except the case of any emergency, Tenant shall be permitted to have a representative of Tenant accompany such inspections, provided that the contrary, and in addition to the foregoing, Lessee non-availability of a Tenant representative shall also provide to Lessor, at Lessee's sole cost and expense, within thirty (30) days of the termination of this Lease, a Phase I Environmental Report for the Premises (which may consist of not delay or prevent Landlord from performing such an updated pre-existing Phase I Environmental Site Assessment covering the Premises), dated as of the expiration of the Lease Term, and to be performed by a company reasonably acceptable to Lessorinspection. The costs and expenses of any such inspections shall be paid by the party requesting the same, unless a Default default or Breach breach of this Lease by Lessee Tenant or a violation of Applicable Requirements or a contamination, caused or materially contributed to by LesseeTenant, is found to exist or to be imminent, or unless the inspection is requested required or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. , In such case, Lessee Tenant shall upon request reimburse Lessor Landlord or LessorLandlord's Lender, as the case may be, for the Landlord's actual costs and expenses of such inspections. Lessee acknowledges that Lessor has previously delivered to Lessee that certain Phase I Environmental Report prepared inspections reasonably incurred by Dames and Moorx, xxted October 24, 1996 and entitled "Phase I Environmental Site Assessment Update," which report summarizes the environmental status of the Premises and has been reviewed and approved by Lessee (the "Environmental Report"). After the Effective Date, but no later than June 15, 1997, Lessor shall conduct an "Entrance Assessment," consisting of a walk-through inspection and update of the Environmental Report, for the Premises only, performed by Dames and Moorx, xxe-half of such Entrance Assessment which shall be paid for at Lessor's cost and expense (which obligation shall not exceed $700), the remainder of the costs of which shall be deducted from Lessee's Tenant Improvement Allowance. In the event such Entrance Assessment indicates the existence of Hazardous Substances on, in or under the Premises, this Lease shall continue in full force and effect subject to the Lessor's obligations and rights under Section 9.7 of this Lease, respectively; provided, however, that the Entrance Assessment shall be deemed the physical condition of the Premises required for Lessee's surrender of the Premises in accordance with Paragraph 7.4(c) belowLandlord.

Appears in 1 contract

Samples: Protein Polymer Technologies Inc

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Inspection; Compliance with Law. LessorLandlord, LessorLandlord's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises ("LENDERSLenders") shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee Tenant with this Lease and all Applicable Requirements (as defined in Paragraph 6.3)Requirements, and Lessor Landlord shall be entitled to employ experts and/or consultants in connection therewith to advise Lessor Landlord with respect to LesseeTenant's activities, including but not limited to LesseeTenant's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. Notwithstanding anything herein to the contrary, and in addition to the foregoing, Lessee shall also provide to Lessor, at Lessee's sole cost and expense, within thirty (30) days of the termination of this Lease, a Phase I Environmental Report for the Premises (which may consist of an updated pre-existing Phase I Environmental Site Assessment covering the Premises), dated as of the expiration of the Lease Term, and to be performed by a company reasonably acceptable to Lessor. The costs and expenses of any such inspections shall be paid by the party requesting same, unless a Default or Breach of this Lease by Lessee Tenant or a violation of Applicable Requirements or a contamination, caused or materially contributed to by LesseeTenant, is found to exist or to be imminent, or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contaminationcontamination (an "Event of Non­compliance"). In such casean Event of Non-compliance, Lessee Tenant shall upon request reimburse Lessor Landlord or Lessor's LenderLenders, as the case may be, for the costs and expenses of such inspections. Lessee acknowledges that Lessor has previously delivered Further, in an Event of Non­compliance, Landlord will have the right, but not the obligation, in addition to Lessee that certain Phase I Environmental Report prepared by Dames Landlord's other remedies available at law and Moorxin equity, xxted October 24, 1996 and entitled "Phase I Environmental Site Assessment Update," which report summarizes the environmental status of to enter upon the Premises immediately and has been reviewed and approved take such action as Landlord in its sole judgment deems appropriate to remediate any actual or threatened contamination caused by Lessee (the "Environmental Report"). After the Effective Date, but no later than June 15, 1997, Lessor shall conduct an "Entrance Assessment," consisting Event of a walkNon-through inspection and update of the Environmental Report, for the Premises only, performed by Dames and Moorx, xxe-half of such Entrance Assessment which shall be paid for at Lessor's cost and expense (which obligation shall not exceed $700), the remainder of the costs of which shall be deducted from Lessee's Tenant Improvement Allowance. In the event such Entrance Assessment indicates the existence of Hazardous Substances on, in or under the Premises, this Lease shall continue in full force and effect subject to the Lessor's obligations and rights under Section 9.7 of this Lease, respectively; provided, however, that the Entrance Assessment shall be deemed the physical condition of the Premises required for Lessee's surrender of the Premises in accordance with Paragraph 7.4(c) belowcompliance.

Appears in 1 contract

Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)

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