Common use of Lead Party Clause in Contracts

Lead Party. (a) The Lessor shall be the “Lead Party” with respect to any Environmental Condition requiring Remedial Action. Nevertheless, Lessee shall remain liable and shall promptly reimburse Lessor for Lessee’s Share of all Combined Environmental Liabilities and Lessee Environmental Liabilities (including all of Lessor’s expenditures incurred on behalf of Lessee). At Lessor’s option, Lessor can designate Lessee to act as the Lead Party for any Lessee Environmental Condition or Combined Environmental Condition where Lessee will bear a majority of costs, in which case Lessee will become the Lead Party and Lessor will become the non-Lead Party for the particular condition(s). The Lead Party shall contract with any contractors, consultants, or other third parties. (b) For Lessee Environmental Conditions and Combined Environmental Conditions where Lessee will bear a majority of costs, (i) Lessee will have the right to select the contractors, consultants, and other third parties to address Environmental Liabilities, subject to the approval of Lessor, which approval shall not be withheld except for good cause, (ii) at Lessee’s request in writing, Lessee will be involved in all significant discussions with Lessor and any relevant third party regarding all aspects of any Remedial Action, (iii) Lessee will have a meaningful opportunity to provide comment to Lessor and any relevant third party regarding all material aspects of any Remedial Action to be taken, and (iv) Lessor shall take into consideration any such comments by Lessee and implement them where reasonably feasible and not otherwise in conflict with this Lease.