Common use of Landlord’s Right to Conduct Environmental Assessment Clause in Contracts

Landlord’s Right to Conduct Environmental Assessment. Landlord, subject to Section 22, shall have the right to conduct an environmental assessment of the Premises as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by Tenant’s use of the Premises (collectively, the “Affected Areas”) in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “Phase I” assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “Phase II” report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination has occurred for which Tenant is liable for under this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests of the Premises and Affected Areas made by or on behalf of Landlord during the Term.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right to conduct an environmental assessment of the Premises as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by Tenant’s use of the Premises (collectively, the “Affected Areas”) in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “Phase I” assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, with any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “Phase II” report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination Such environmental assessments or inspections shall be subject to Article 22 and be at Landlord’s sole cost and expense unless it is discovered that Tenant has occurred for which Tenant is liable for under violated the terms of this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred Lease pertaining to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests of the Premises and Affected Areas made by or on behalf of Landlord during the TermHazardous Materials.

Landlord’s Right to Conduct Environmental Assessment. Landlord represents to Tenant that as of the date of this Lease and to the best of Landlord’s knowledge, subject to Section 22there have been no Releases of Hazardous Materials in violation of Environmental Laws in the Building, Premises or at the Property. This representation shall survive expiration or sooner termination of this Lease. If any pre-existing Releases of Hazardous Materials are subsequently discovered, Landlord shall be solely and exclusively responsible for all such costs associated with the remediation thereof. At any time during the Term, Landlord shall have the right right, at Landlord’s sole cost and expense, to conduct an environmental assessment of the Building or the Premises (as well as any other areas in, on or about the Project Property that Landlord reasonably believes may have been affected adversely by Tenant’s use of the Building or the Premises (collectively, the “Affected Areas”) in order to confirm that the Building or Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “Phase I” assessment I Environmental Site Assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, Tenant shall be responsible for paying for any additional investigation and or report required based on a recognized environmental condition, which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “a Phase II” reportII Environmental Site Assessment). Such right to conduct such environmental assessment site assessments shall not be exercised by Landlord more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination has occurred for which Tenant is liable for under this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs an Event of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests of the Premises and Affected Areas made by or on behalf of Landlord during the TermDefault exists hereunder.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by Tenant’s use of the Premises (collectively, the “Affected Areas”) in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “Phase I” assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, with any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “Phase II” report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination Such environmental assessments or inspections shall be subject to Article 22 and be at Landlord’s sole cost and expense unless it is discovered that Tenant has occurred for which Tenant is liable for under violated the terms of this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred Lease pertaining to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests of the Premises and Affected Areas made by or on behalf of Landlord during the TermHazardous Materials.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right right, at Landlord’s sole cost and expense, to retain an environmental professional to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project Premises that Landlord reasonably believes may have been affected adversely by Tenant’s use of the Premises (collectively, the “Affected Areas”) in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “Phase I” assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, at Landlord’s sole cost and expense, any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “Phase II” report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination has occurred for which Tenant is liable for under this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests use its commercially reasonable efforts to minimize any disruption to Tenant’s business or use of the Premises from any such assessment. Notwithstanding anything above to the contrary, in the event that any such environmental assessment performed by Landlord reveals that Tenant is in material breach of this Lease pertaining to Hazardous Materials, then the cost of any such environmental assessment shall be at Tenant’s sole cost and Affected Areas made by or on behalf of Landlord during the Termexpense.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term and upon at least twenty (20) days written notice to Tenant, subject provided Landlord and its consultants exercise their commercially reasonable efforts to Section 22minimize interference with Tenant’s use and enjoyment of the Premises, Landlord shall have the right right, at Landlord’s sole cost and expense (except as otherwise provided below), to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project Property that Landlord reasonably believes may have been affected adversely by Tenant’s use of the Premises (collectively, the “Affected Areas”) in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release release of Hazardous Materials. Such environmental assessment shall be a so-called “Phase I” assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, at Landlord’s sole cost and expense (except as otherwise provided below), any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “Phase II” report). Such right In the event a Phase I or Phase II assessment performed by Landlord pursuant to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination has occurred for which 6.4.4 discloses a violation by Tenant is liable for under of the terms of this LeaseSection 6.4, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, reimburse Landlord shall pay for the reasonable costs of the assessment. Landlord shall provide Tenant with a copy such Phase I or Phase II assessments, as applicable, within thirty (30) days of all third-party reports and tests receipt of the Premises and Affected Areas made by or on behalf of Landlord during the TermLandlord’s written invoice therefor.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by Tenant’s 's use of the Premises (collectively, the “"Affected Areas”") in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “"Phase I” " assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, with any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “"Phase II” " report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination Such environmental assessments or inspections shall be subject to Article 22 and be at Landlord's sole cost and expense unless it is discovered that Tenant has occurred for which Tenant is liable for under violated the terms of this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred Lease pertaining to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests of the Premises and Affected Areas made by or on behalf of Landlord during the TermHazardous Materials.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right right, at Tenant's sole cost and expense, to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by Tenant’s 's use of the Premises (collectively, the “"Affected Areas”") in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “"Phase I” " assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, at Tenant's sole cost and expense, any additional investigation and report which would customarily follow any discovery of a Tenant violation of this Section contained in such initial Phase I assessment (including, but not limited to, any so-called “"Phase II” " report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is has caused a Release in default under the Premises. If the data from any environmental assessment authorized and undertaken by Landlord pursuant to this Section 5.2. If contamination 5.2 indicates there has occurred for which Tenant is liable for been a Release, threatened Release or other conditions with respect to Hazardous Materials on, under this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests of or emanating from the Premises and the Affected Areas made by or on behalf that may require any investigation and/or active response action, Tenant shall, within ten (10) business days' notice, reimburse Landlord for the reasonable costs and expenses incurred in connection with the assessment, otherwise such cost and expenses shall be at the sole cost of Landlord during the Termand shall not be included within Operating Expenses.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by Tenant’s use of the Premises (collectively, the “Affected Areas”) in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “Phase I” assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, with any additional investigation and report which would customarily follow any discovery contained in such initial Phase I 1 assessment (including, but not limited to, any so-called “Phase II” report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.25.2 (beyond the expiration of all applicable notice and cure periods). If contamination has occurred for which Tenant is liable for under this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, reimburse Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy cost of all third-party reports environmental assessments of Affected Areas that indicate a conclusive and tests proximate connection between Tenant’s use and occupancy of the Premises and Affected Areas made by or the presence of Hazardous Materials in violation of applicable Environmental Laws that did not exist on behalf of Landlord during the Term.Premises prior to Tenant’s possession thereof,

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right right, at Landlord's sole cost and expense, to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by Tenant’s 's use of the Premises (collectively, the “"Affected Areas”") in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “"Phase I” " assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, at Landlord's sole cost and expense, any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “"Phase II” " report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination has occurred for which Tenant is liable for under this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests use its commercially reasonable efforts to minimize any disruption to Tenant's business or use of the Premises from any such assessment. Notwithstanding anything above to the contrary, in the event that any such environmental assessment performed by Landlord reveals that Tenant is in breach of this Lease pertaining to Hazardous Materials, then the cost of any such environmental assessment shall be at Tenant's sole cost and Affected Areas made by or on behalf of Landlord during the Termexpense.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by Tenant’s 's use of the Premises (collectively, the “"Affected Areas”") in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “"Phase I” " assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, with any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “"Phase II” " report). 843078.08/SD374622-00033/8-4-16/MLT/dek -16- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination the data from any environmental assessment authorized and undertaken by Landlord pursuant to this Section 5.2 indicates there has occurred for which Tenant is liable for been a Release, threatened Release or other conditions with respect to Hazardous Materials on, under this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests of or emanating from the Premises and the Affected Areas made by or on behalf that may require any investigation and/or active response action, Tenant shall, within ten (10) business days' notice, reimburse Landlord for the reasonable costs and expenses incurred in connection with the assessment, otherwise such cost and expenses shall be at the sole cost of Landlord during the Termand shall not be included within Operating Expenses.

Landlord’s Right to Conduct Environmental Assessment. LandlordAt any time during the Lease Term, subject to Section 22, Landlord shall have the right right, at Landlord’s sole cost and expense, to conduct an environmental assessment of the Premises (as well as any other areas in, on or about the Project that Landlord reasonably believes may have been affected adversely by TenantXxxxxx’s use of the Premises (collectively, the “Affected Areas”) in order to confirm that the Premises and the Affected Areas do not contain any Hazardous Materials resulting from Tenant’s use in violation of applicable Environmental Laws or under conditions constituting or likely to constitute a Release of Hazardous Materials. Such environmental assessment shall be a so-called “Phase I” assessment or such other level of investigation which shall be the standard of diligence in the purchase or lease of similar property at the time, together with, at Landlord’s sole cost and expense, any additional investigation and report which would customarily follow any discovery contained in such initial Phase I assessment (including, but not limited to, any so-called “Phase II” report). Such right to conduct such environmental assessment shall not be exercised more than once per calendar year unless Tenant is in default under this Section 5.2. If contamination has occurred for which Tenant is liable for under this Lease, then Tenant shall pay all reasonable out-of-pocket costs incurred to conduct the assessment. If no such contamination is found, Landlord shall pay for the costs of the assessment. Landlord shall provide Tenant with a copy of all third-party reports and tests use its commercially reasonable efforts to minimize any disruption to Tenant’s business or use of the Premises from any such assessment. Notwithstanding anything above to the contrary, in the event that any such environmental assessment performed by Xxxxxxxx reveals that Tenant is in breach of this Lease pertaining to Hazardous Materials, then the cost of any such environmental assessment shall be at Tenant’s sole cost and Affected Areas made by or on behalf of Landlord during the Termexpense.