Common use of Landfill Closure Clause in Contracts

Landfill Closure. The SOV allocates certain funds to be used for landfill closure, including the capping of the Premises, stormwater management system, and gas methane control, and pre- Landfill Closure monitoring as required under the CLCP. On the Commencement Date, Tenant shall assume all of the obligations of Landlord for the Remedial Action. Landlord agrees to use the available unused proceeds of the Grant Agreement allocated under the SOV for the Remedial Action and to reimburse Tenant for its work to complete the Remedial Action, provided however that Tenant complies in all respects with requirements for such funding under the Grant Agreement, including provision of required documentation and releases and access to the Premises to County and City of North Miami officials. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, TENANT SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS TO COMPLETE THE REMEDIAL ACTION WHICH EXCEED THOSE AVAILABLE AND ACTUALLY DISBURSED FOR THE REMEDIAL ACTION UNDER THE GRANT AGREEMENT AND SOV. Provided no Event of Default exists at the time any of the below events would otherwise be consummated, Landlord agrees that without obtaining Tenant’s prior written consent, which consent may be withheld in Tenant’s good faith sole discretion, Landlord shall not approve, permit or agree to any supplement, modification, amendment or termination of, or consent to or agree to any waiver of any of the terms of, the Grant Agreement, or any other material document or agreement relating thereto which would diminish the amount of the funds allocated for the Remedial Action under the Grant Agreement or the SOV or adversely affect the timing of the funding of the Grant. Landlord in Landlord’s capacity as owner of the Fee Estate and as a municipality shall reasonably cooperate with Tenant in requesting additional funds from the County under the Grant, provided that no such request shall cause delay or other change under the existing Landfill Closure Permit and related permits or any delay in completion of the groundwater remediation system or the funding for same. Tenant shall reimburse Landlord’s actual third-party costs and expenses of such cooperation. Landlord assumes no liability whatsoever by such cooperation, and Tenant shall Indemnify Landlord for any loss resulting such cooperation but Tenant shall obtain such additional funds elsewhere to comply with the obligations under the Grant Agreement in the event the Grant funds cannot be increased. Landlord shall not be required to provide any consideration to any party for any such increase in the Grant. Landlord and Tenant shall each be responsible for complying with the terms and provisions of the Grant Agreement that apply to their obligations under this Section. Landlord agrees to promptly request funds from County as requested by Tenant and to pay those funds to Tenant or other appropriate payee promptly upon receipt thereof, all pursuant to the Grant, and to take all other actions reasonably necessary for Landlord to obtain all Grant funds to which Landlord is entitled under the Grant Agreement in a timely manner. Tenant agrees to submit promptly such documentation, proof of compliance with Laws and applicable environmental permits and approvals, inspection reports, lien releases and other back-up as may be requested by Landlord’s Public Works Department or by the County in connection with the work for which Landlord requests funding under the Grant (but failure to do so shall not constitute a Default or Event of Default under this Lease; rather it shall merely defer Landlord's obligation to pursue funding under the Grant while delivery of such materials is pending, provided however that any delay or insufficiency that results in a reduction in or lack of payment of funding under the Grant Agreement shall reduce Tenant’s right to receive payment to the same extent). Tenant hereby agrees to complete the Remedial Action in compliance with the CLCP, Landfill Closure Permit, and any other applicable environmental permits and approvals, as part of and in accordance with the timeline for the Tenant’s Construction Obligations. Tenant shall Indemnify Landlord regarding such completion and compliance except to the extent any non-completion or non-compliance is caused by the acts or omissions of Landlord or Landlord’s agent.

Landfill Closure. The SOV allocates certain funds to be used for landfill closure, including the capping of the Premises, stormwater management system, and gas methane control, and pre- Landfill Closure monitoring as required under the CLCP. On the Commencement Date, Tenant shall assume all of the obligations of Landlord for the Remedial Action. Landlord agrees to use the available unused proceeds of the Grant Agreement allocated under the SOV for the Remedial Action and to reimburse Tenant for its work to complete the Remedial Action, provided however that Tenant complies in all respects with requirements for such funding under the Grant Agreement, including provision of required documentation and releases and access to the Premises to County and City of North Miami officials. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, TENANT SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS TO COMPLETE THE REMEDIAL ACTION WHICH EXCEED THOSE AVAILABLE AND ACTUALLY DISBURSED FOR THE REMEDIAL ACTION UNDER THE GRANT AGREEMENT AND SOV. Provided no Event of Default exists at the time any of the below events would otherwise be consummated, Landlord agrees that without obtaining Tenant’s prior written consent, which consent may be withheld in Tenant’s good faith sole discretion, Landlord shall not approve, permit or agree to any supplement, modification, amendment or termination of, or consent to or agree to any waiver of any of the terms of, the Grant Agreement, or any other material document or agreement relating thereto which would diminish the amount of the funds allocated for the Remedial Action under the Grant Agreement or the SOV or adversely affect the timing of the funding of the Grant. Landlord in Landlord’s capacity as owner of the Fee Estate and as a municipality shall reasonably cooperate with Tenant in requesting additional funds from the County under the Grant, provided that no such request shall cause delay or other change under the existing Landfill Closure Permit and related permits or any delay in completion of the groundwater remediation system or the funding for same. Tenant shall reimburse Landlord’s actual third-party costs and expenses of such cooperation. Landlord assumes no liability whatsoever by such cooperation, and Tenant shall Indemnify Landlord for any loss resulting regarding such cooperation but Tenant shall obtain such additional funds elsewhere to comply with the obligations under the Grant Agreement in the event the Grant funds cannot be increasedcooperation. Landlord shall not be required to provide any consideration to any party for any such increase in the Grant. Landlord and Tenant shall each be responsible for complying with the terms and provisions of the Grant Agreement that apply to their obligations under this Section. Landlord agrees to promptly request funds from County as requested by Tenant and to pay those funds to Tenant or other appropriate payee promptly upon receipt thereof, all pursuant to the Grant, and to take all other actions reasonably necessary for Landlord to obtain all Grant funds to which Landlord is entitled under the Grant Agreement in a timely manner. Tenant agrees to submit promptly such documentation, proof of compliance with Laws and applicable environmental permits and approvals, inspection reports, lien releases and other back-up as may be requested by Landlord’s Public Works Department or by the County in connection with the work for which Landlord requests funding under the Grant (but failure to do so shall not constitute a Default or Event of Default under this Lease; rather it shall merely defer Landlord's obligation to pursue funding under the Grant while delivery of such materials is pending, provided however that any delay or insufficiency that results in a reduction in or lack of payment of funding under the Grant Agreement shall reduce Tenant’s right to receive payment to the same extent). Tenant hereby agrees to complete the Remedial Action in compliance with the CLCP, Landfill Closure Permit, and any other applicable environmental permits and approvals, as on or before the seventh (7th) anniversary of the Commencement Date, provided that the foregoing will not be construed to extend the deadline for any portion of the Remedial Action which also constitutes a part of and in accordance with the timeline for the Tenant’s Construction ObligationsInitial Development. Tenant shall Indemnify Landlord regarding such completion and compliance except to the extent any non-completion or non-compliance is caused by the acts or omissions of Landlord or Landlord’s agentcompliance.

Landfill Closure. The SOV allocates certain funds to be used for landfill closure, including the capping of the Premises, stormwater management system, and gas methane control, and pre- Landfill Closure monitoring as required under the CLCP. On the Commencement Date, Tenant shall assume all of the obligations of Landlord for the Remedial Action. Landlord agrees to use the available unused proceeds of the Grant Agreement allocated under the SOV for the Remedial Action and to reimburse Tenant for its work to complete the Remedial Action, provided however that Tenant complies in all respects with requirements for such funding under the Grant Agreement, including provision of required documentation and releases and access to the Premises to County and City of North Miami officials. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, TENANT SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS TO COMPLETE THE REMEDIAL ACTION WHICH EXCEED THOSE AVAILABLE AND ACTUALLY DISBURSED FOR THE REMEDIAL ACTION UNDER THE GRANT AGREEMENT AND SOV. Provided no Event of Default exists at the time any of the below events would otherwise be consummated, Landlord agrees that without obtaining Tenant’s prior written consent, which consent may be withheld in Tenant’s good faith sole discretion, Landlord shall not approve, permit or agree to any supplement, modification, amendment or termination of, or consent to or agree to any waiver of any of the terms of, the Grant Agreement, or any other material document or agreement relating thereto which would diminish the amount of the funds allocated for the Remedial Action under the Grant Agreement or the SOV or adversely affect the timing of the funding of the Grant. Landlord in Landlord’s capacity as owner of the Fee Estate and as a municipality shall reasonably cooperate with Tenant in requesting additional funds from the County under the Grant, provided that no such request shall cause delay or other change under the existing Landfill Closure Permit and related permits or any delay in completion of the groundwater remediation system or the funding for same. Tenant shall reimburse Landlord’s actual third-party costs and expenses of such cooperation. Landlord assumes no liability whatsoever by such cooperation, and Tenant shall Indemnify Landlord for any loss resulting regarding such cooperation but Tenant shall obtain such additional funds elsewhere to comply with the obligations under the Grant Agreement in the event the Grant funds cannot be increasedcooperation. Landlord shall not be required to provide any consideration to any party for any such increase in the Grant. Landlord and Tenant shall each be responsible for complying with the terms and provisions of the Grant Agreement that apply to their obligations under this Section. Landlord agrees to promptly request funds from County as requested by Tenant and to pay those funds to Tenant or other appropriate payee promptly upon receipt thereof, all pursuant to the Grant, and to take all other actions reasonably necessary for Landlord to obtain all Grant funds to which Landlord is entitled under the Grant Agreement in a timely manner. Tenant agrees to submit promptly such documentation, proof of compliance with Laws and applicable environmental permits and approvals, inspection reports, lien releases and other back-up as may be requested by Landlord’s Public Works Department or by the County in connection with the work for which Landlord requests funding under the Grant (but failure to do so shall not constitute a Default or Event of Default under this Lease; rather it shall merely defer Landlord's obligation to pursue funding under the Grant while delivery of such materials is pending, provided however that any delay or insufficiency that results in a reduction in or lack of payment of funding under the Grant Agreement shall reduce Tenant’s right to receive payment to the same extent). Tenant hereby agrees to complete the Remedial Action in compliance with the CLCP, Landfill Closure Permit, and any other applicable environmental permits and approvals, as part of and in accordance with the timeline for the Tenant’s Construction ObligationsThird Stage Development, provided that the foregoing will not be construed to extend the deadline for any portion of the Remedial Action which also constitutes a part of the Initial Development. Tenant shall Indemnify Landlord regarding such completion and compliance except to the extent any non-completion or non-compliance is caused by the acts or omissions of Landlord or Landlord’s agentcompliance.