Common use of Inspection; Compliance Clause in Contracts

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10, and in connection therewith, Tenant shall provide Landlord with access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10, or in the event of a release of any Hazardous Materials on, under, from or about the Premises, Landlord and Landlord Parties shall have the right, but not the obligation, without limitation on any of Landlord’s other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s obligations under this Section 1.20 and Article 10 at Tenant’s expense, including without limitation the taking of emergency or long term remedial action. Landlord and Landlord Parties shall endeavor to minimize interference with Tenant’s business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord Lessor and Landlord Parties (as that term is defined in Article 10) Sublessor and Sublessor's Agents shall have the right, but not the obligation, obligation to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant Sublessee is complying with the terms of this Section 1.20 and Article 10VI, and in connection therewith, Tenant Sublessee shall provide Landlord Lessor and Sublessor with full access to all relevant facilities, records and personnel. If Tenant Sublessee is not in compliance with any of the provisions of this Section 1.20 and Article 10VI, or in the event of a release of any Hazardous Materials on, under, from or about the PremisesPremises caused by Sublessee, Landlord Lessor and Landlord Parties Sublessor and Sublessor's Agents shall have the right, but not the obligation, without limitation on of any of Landlord’s Sublessor's other rights and remedies under this LeaseSublease, to immediately enter upon the Premises and to discharge Tenant’s Sublessee's obligations under this Section 1.20 and Article 10 VI at Tenant’s Sublessee's expense, including including, without limitation limitation, the taking of emergency or long long-term remedial action. Landlord Lessor and Landlord Parties Sublessor and Sublessor's Agents shall endeavor to minimize interference with Tenant’s business Sublessee's business, but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord Lessor and Sublessor in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ attorneys fees, shall be due and payable by Tenant Sublessee to LandlordLessor and Sublessor, as an item of Additional Rent, on demand by LandlordLessor and Sublessor, together with interest thereon at the Interest Applicable Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoringSublessee.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) Landlord's Agents shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10VI, and in connection therewith, Tenant shall provide Landlord with full access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10VI, or in the event of a release of any Hazardous Materials Material on, under, from or about the Premises, Landlord and Landlord Parties Landlord's Agents shall have the right, but not the obligation, without limitation on any of Landlord’s 's other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s 's obligations under this Section 1.20 and Article 10 VI at Tenant’s 's expense, including without limitation the taking of emergency or long long-term remedial action. Landlord and Landlord Parties Landlord's Agents shall endeavor to minimize interference with Tenant’s 's business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s 's sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties 's Agents of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ attorneys fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Applicable Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord Lessor and Landlord Lessor’s Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant Sub-lessee is complying with the terms of this Section 1.20 and Article 10, and in connection therewith, Tenant Section. Sub-lessee shall provide Landlord Lessor with access to all relevant facilities, records and personnel. If Tenant Sub-lessee is not in compliance with any of the provisions of this Section 1.20 and Article 10, or in the event of a release of any Hazardous Materials on, under, from or about the Premises, Landlord Lessor and Landlord Lessor’s Parties shall have the right, but not the obligation, without limitation on any of LandlordLessor’s other rights and remedies under this LeaseSub-lease, to immediately enter upon the Premises and to discharge TenantSub-lessee’s obligations under this Section 1.20 and Article 10 at TenantSub-lessee’s expense, including without limitation the taking of emergency or long term remedial action. Landlord Lessor and Landlord Lessor’s Parties shall endeavor to minimize interference with TenantSub-lessee’s business operations but shall not be liable for any such interference. In addition, LandlordLessor, at TenantSub-lessee’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or or, causes of action arising out of the storage, generation, use or disposal by Tenant Sub-lessee or TenantSub-lessee’s Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord Lessor in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ ' fees, shall be due and payable by Tenant Sub-lessee to LandlordLessor, as an item of Additional Rent, on demand by LandlordLessor, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoringSub-lessee.

Inspection; Compliance. Landlord and Landlord Landlord’s Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10, and in connection therewith, Tenant shall provide Landlord with access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10, or in the event of a release release, for which Tenant is responsible in accordance with this Lease, of any Tenant Hazardous Materials (as defined below) on, under, from or about the Premises, Landlord and Landlord Landlord’s Parties shall have the right, but not the obligation, without limitation on any of Landlord’s other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s obligations under this Section 1.20 and Article 10 at Tenant’s expense, including without limitation the taking of emergency or long term remedial action. Landlord and Landlord Landlord’s Parties shall endeavor to minimize interference with Tenant’s business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Tenant Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) Landlord's Group shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, upon prior written notice to Tenant, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10VI, and in connection therewith, Tenant shall provide Landlord with full access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10VI, or in the event of a release of any Hazardous Materials Material on, under, from or about the Premises, by Tenant or, Tenant's Agent's, Landlord and Landlord Parties Landlord's Group shall have the right, but not the obligation, without limitation on any of Landlord’s 's other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s 's obligations under this Section 1.20 and Article 10 VI at Tenant’s 's expense, including without limitation the taking of emergency or long long-term remedial action. Landlord and Landlord Parties Landlord's Group shall endeavor to minimize interference with Tenant’s 's business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s 's sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties 's Agents of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, herewith including, but not limited to, all costs, expenses and actual attorneys’ ' fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Applicable Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) Landlord's Agents shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10VI, and in connection therewith, Tenant shall provide Landlord with reasonable access to all relevant facilities, records any personnel. Landlord shall inform Tenant of the results of any Environmental Investigations undertaken by Landlord pursuant to the foregoing sentence, and personnelshall provide Tenant with copies of any reports, documents, or correspondence produced as a result thereof within 5 days of receipt. Except as required by Applicable Law, Landlord shall disclose the results of any Environmental Investigations to any third party until disclosing the results to Tenant and providing Tenant with a reasonable opportunity to make such disclosures as may be appropriate to mitigate Tenant's liability under Applicable Law. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10VI, or in the event of a release Release of any Hazardous Materials Material on, under, from or about the Premises, Landlord and Landlord's Agents shall provide Tenant with a reasonable opportunity to cure the non-compliance or to respond to the Release. In the event Tenant does not do so, Landlord Parties shall have the right, but not the obligation, without limitation limitations on any of Landlord’s 's other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s 's obligations under this Section 1.20 and Article 10 VI at Tenant’s 's expense, including without limitation the taking of emergency or long long-term remedial actionaction if appropriate under the circumstances. Landlord and Landlord Parties Landlord's Agents shall endeavor to minimize interference with Tenant’s 's business but shall not be liable for any such interferenceinterference only to the extent it arises from Landlord's or Landlord's Agents' gross negligence, willful misconduct or non-compliance with Applicable Law. In addition, Landlord, at Tenant’s 's sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties 's Agents of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, including all reasonable costs, expenses and actual attorneys’ ' fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Applicable Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Upon reasonable prior notice to Tenant, Landlord and Landlord Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 1.33 and Article 10, and in connection therewith, Tenant shall provide Landlord with access to all relevant facilities, records and personnelpersonnel during Tenant’s normal business hours. If Tenant is not in compliance with any of the provisions of this Section 1.20 1.33 and Article 10, or in the event of a release of any Hazardous Materials on, under, from or about the Premises, Landlord and Landlord Parties shall have the right, but not the obligation, without limitation on any of Landlord’s other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s obligations under this Section 1.20 1.33 and Article 10 at Tenant’s expense, including without limitation the taking of emergency or long term remedial action. Landlord and Landlord Parties shall endeavor use commercially reasonable efforts to minimize interference with Tenant’s business business, but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual actual, reasonable attorneys’ fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring. Notwithstanding any provision to the contrary in this Lease, and except for Tenant’s obligations to notify Landlord of any Hazardous Materials known to and/or observed or discovered by Tenant, Landlord acknowledges and agrees that Tenant shall have no liability, including any indemnity liability, for any Hazardous Materials that have migrated onto the Premises or the Property from neighboring properties (and Tenant shall have no obligation to monitor, investigate, prevent or otherwise remedy any such migration) or for any Hazardous Materials in existence at the Property prior to the Delivery Date.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10, and in connection therewith, Tenant shall provide Landlord with access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10, or in the event of a release of any Hazardous Materials on, under, from or about the Premises, Landlord and Landlord Parties shall have the right, but not the obligation, without limitation on any of Landlord’s other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s obligations under this Section 1.20 and Article 10 at Tenant’s expense, including without limitation the taking of emergency or long term remedial action. Landlord and Landlord Parties shall endeavor to minimize interference with Tenant’s business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all reasonable costs, expenses and actual reasonable attorneys’ fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10, and in connection therewith, Tenant shall provide Landlord with access to all relevant facilities, records and personnel. Landlord or Landlord Parties shall provide Tenant at least five (5) days prior written notice before performing such testing, except in an emergency. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10, or in the event of a release of any Hazardous Materials on, under, from or about the Premises, Landlord and Landlord Parties shall have the right, but not the obligation, without limitation on any of Landlord’s other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s obligations under this Section 1.20 and Article 10 at Tenant’s expense, including without limitation the taking of emergency or long term remedial action. Landlord and Landlord Parties shall endeavor use reasonable efforts to minimize interference with Tenant’s business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) Landlord's Agents shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10VI, and in connection therewith, Tenant shall provide Landlord with full access to all relevant facilities, records and personnel, subject to Section 5.4 and excluding documents to which a legal evidentiary privilege applies provided that Tenant complies with California Health and Safety Code Section 25359.7. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10VI, or in the event of a release of any Hazardous Materials Material on, under, from or about the Premises, Landlord and Landlord Parties Landlord's Agents shall have the right, but not the obligation, without limitation on any of Landlord’s 's other rights and remedies under this Lease, to immediately enter upon the Premises and (if such release was caused by Tenant or Tenant's Agents) to discharge Tenant’s 's obligations under this Section 1.20 and Article 10 VI at Tenant’s 's expense, including without limitation the taking of emergency or long long-term remedial action. Landlord and Landlord Parties Landlord's Agents shall endeavor to minimize interference with Tenant’s 's business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s 's sole cost costs and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ attorneys fees, shall shall, to the extent incurred as the result of the use, storage, disposal or release by Tenant, be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Applicable Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) Landlord’s agents shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the PremisesProperty, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10, Lease involving Hazardous Substances and in connection therewith, Tenant shall provide Landlord with full access to all relevant facilities, records and personnelpersonnel upon at least one (1) day written notice to Tenant and without interfering with Tenant’s use of the Property. If Landlord reasonably determines that Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10Lease involving Hazardous Substances, or in the event of a release of any Hazardous Materials on, under, from or about the Premises, after three (3) days prior written notice (i) Landlord and Landlord Parties Landlord’s agents shall have the right, but not the obligation, without limitation on upon any of Landlord’s other rights and remedies under this Lease, to immediately enter upon the Premises Property and to discharge Tenant’s obligations under this Section 1.20 and Article 10 in that regard at Tenant’s expense, including without limitation notwithstanding any other provision of this Lease, and (ii) all sums reasonably and actually disbursed, deposited or incurred by Landlord in connection therewith, including, but not limited to, all actual out-of-pocket costs, expenses and actual and reasonable attorney fees, shall be due and payable by Tenant to Landlord, as an item of additional Rent, on demand by Landlord, together with interest thereon at the taking rate of emergency or long term remedial actionten percent (10%) per annum (the “Default Rate”) from the date which is twenty (20) days after such demand until paid by Tenant. In the event of any such entry and performance of such work, Landlord and Landlord Parties Landlord’s agents shall endeavor to minimize interference with Tenant’s business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Leased Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 109, and in connection therewith, Tenant shall provide Landlord with access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 109, or in the event of a release of any Hazardous Materials on, under, from or about the Leased Premises, Landlord and Landlord Parties shall have the right, but not the obligation, without limitation on any of Landlord’s other rights and remedies under this Lease, to immediately enter upon the Leased Premises and to discharge Tenant’s obligations under this Section 1.20 and Article 10 9 at Tenant’s expense, including without limitation the taking of emergency or long term remedial action. Landlord and Landlord Parties shall endeavor to minimize not interference with TenantXxxxxx’s business but shall not be liable for any in exercising such interferenceright. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Leased Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by LandlordXxxxxxxx, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoringXxxxxx.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10, and in connection therewith, Section. Tenant shall provide Landlord with access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10, or in the event of a release of any Hazardous Materials on, under, from or about the Premises, Landlord and Landlord Parties shall have the right, but not the obligation, without limitation on any of Landlord’s 's other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s 's obligations under this Section 1.20 and Article 10 at Tenant’s 's expense, including without limitation the taking of emergency or long term remedial action. Landlord and Landlord Parties shall endeavor to minimize interference with Tenant’s business 's operations but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or or, causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s 's Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ ' fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) Landlord's Agents shall have the right, but not the obligationobligation to Inspect, to inspect, investigateInvestigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10VI, and in connection therewith, Tenant shall provide Landlord with full access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10VI, or in the event of a release of any Hazardous Materials Material on, under, from or about the Premises, Landlord and Landlord Parties Landlord's Agents shall have the right, but not the obligation, without limitation on any of Landlord’s 's other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s 's obligations under this Section 1.20 and Article 10 VI at Tenant’s 's expense, including without limitation the taking of emergency or long long-term remedial action. Landlord and Landlord Parties Landlord's Agents shall endeavor to minimize interference with Tenant’s 's business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s 's sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties 's Agents of Hazardous Materials materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewith, including, but not limited to, all costs, expenses and actual attorneys’ attorneys fees, shall be due and payable by Tenant to Landlord, as an item Item of Additional Rent, on demand by Landlord, together with interest Interest thereon at the Interest Applicable Rate from the date of such demand until paid by Tenant. Landlord agrees that if any testing proves that the Tenant or Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.

Inspection; Compliance. Landlord and Landlord Parties (as that term is defined in Article 10) Landlord’s agents shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater groundwater, air, or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10, Lease involving Hazardous Materials and in connection therewith, Tenant shall provide Landlord with full access to all relevant facilities, records and personnelpersonnel upon five (5) days’ prior written notice to Tenant (or immediately in the event of an emergency) and without interfering with Tenant’s use of the Premises. If Landlord reasonably determines that Tenant is not in compliance with any of the provisions of this Section 1.20 and Article Lease involving Hazardous Materials, after ten (10, or ) days’ prior written notice (except in the event of a release of any Hazardous Materials on, under, from or about the Premises, an emergency where no prior notice shall be required) (i) Landlord and Landlord Parties Landlord’s agents shall have the right, but not the obligation, without limitation on upon any of Landlord’s other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s obligations under this Section 1.20 and Article 10 in that regard at Tenant’s expense, including without limitation the taking notwithstanding any other provision of emergency or long term remedial action. Landlord this Lease, and Landlord Parties shall endeavor to minimize interference with Tenant’s business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of the storage, generation, use or disposal by Tenant or Tenant’s Parties of Hazardous Materials on, under, from or about the Premises. All (ii) all sums reasonably and actually disbursed, deposited or incurred by Landlord in connection herewiththerewith, including, but not limited to, all actual out-of-pocket costs, expenses and actual attorneys’ and reasonable attorney fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate rate of the lesser of (i) ten percent (10%) per annum; or (ii) the maximum legal rate (the “Default Rate”) from the date of which is twenty (20) days after such demand until paid fully reimbursed by Tenant. In the event of any such entry and performance of such work, Landlord agrees that if any testing proves that the Tenant or and Landlord’s agents shall endeavor to minimize interference with Tenant’s Parties have no responsibility for the presence of said Hazardous Materials, Tenant business but shall not be liable for any costs or expenses in connection with such inspection, testing and monitoringinterference.

Inspection; Compliance. Following no less than 24 hours prior written notice (or without notice in case of emergency) and subject to Tenant’s reasonable security requirements, Landlord and Landlord Parties (as that term is defined in Article 10) shall have the right, but not the obligation, to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Section 1.20 and Article 10, and in connection therewith, Tenant shall provide Landlord with access to all relevant facilities, records and personnel. If Tenant is not in compliance with any of the provisions of this Section 1.20 and Article 10, or in the event of a release of any Hazardous Materials Material on, under, from or about the Premises, Landlord and Landlord Parties shall have the right, but not the obligation, without limitation on any of Landlord’s 's other rights and remedies under this Lease, to immediately enter upon the Premises and to discharge Tenant’s 's obligations under this Section 1.20 and Article 10 at Tenant’s 's expense, including without limitation the taking of emergency or long term remedial action. Landlord and Landlord Parties shall endeavor to minimize interference with Tenant’s 's business but shall not be liable for any such interference. In addition, Landlord, at Tenant’s 's sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal proceedings or actions initiated in connection with any claims or causes of action arising out of caused by the storage, generation, use or disposal by Tenant or Tenant’s 's Parties of Hazardous Materials on, under, from or about the Premises. All sums reasonably disbursed, deposited or incurred by Landlord in connection herewiththerewith, including, but not limited to, all costs, expenses and actual attorneys’ ' fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on demand by Landlord, together with interest thereon at the Interest Rate from the date of such demand until paid by Tenant. Landlord agrees that if unless any testing proves that the Tenant or Tenant’s 's Parties have no responsibility for the presence of said Hazardous Materials, Tenant shall not be liable for any costs or expenses in connection with such inspection, testing and monitoring.