Common use of Lessee's Obligations for Hazardous Materials Clause in Contracts

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased Improvements, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed that certain environmental report, dated March 12, 1997, and prepared by Nova Environmental Services as Project No. M97-239 (Client No. M-2557), together with the reliance letter dated May 26, 1998 from Nova Environmental Services to Lessor and the review thereof performed by XXXXX International Incorporated (the "Environmental Report"). Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Report, as updated, promptly after the Commencement Date hereunder. Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of whether the existence of such Hazardous Materials is known by Lessor and no matter when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property of types and in the quantities commonly used in assisted living facilities in the State of Ohio and which have been used, stored and disposed of in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased ImprovementsImprovements in violation of the preceding sentence, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed that certain environmental report, dated March 12, 1997, and a Phase I Environmental Site Assessment prepared by Nova Environmental Services as Project No. M97-239 (Client No. M-2557)ATC Associates, together with Inc. dated December 31, 1997 for the reliance letter dated May 26, 1998 from Nova Environmental Services to Lessor and the review thereof performed by XXXXX International Incorporated Facility (the "Environmental Report"). Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental ReportReport or any other environmental report (including, as updatedwithout limitation, promptly after the Commencement Date hereunder. any UST System Closure Reports prepared by GETCO Environmental Consultants.) Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of whether the existence of such Hazardous Materials is known by Lessor and no matter when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property in connection with Lessee's business and in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased Improvements, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed that certain environmental reportPhase I Site Investigation Update, dated March 12as of December 18, 19971996, and prepared by Nova Environmental Services C-K Associates, Inc. as Project No. M9706-239 (Client No. M-2557)388, together with the reliance letter dated May 26, 1998 from Nova Environmental Services to Lessor and the review thereof performed by XXXXX International Incorporated Task 3.0 (the "Environmental Report"). A copy of the Environmental Report is attached hereto as Exhibit "B". Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Report, as updated, promptly after the Commencement Date hereunder. Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of whether the existence of such Hazardous Materials is known by Lessor and no matter when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property of types and in the quantities commonly used in assisted living facilities in the State of Ohio and which have been used, stored and disposed of in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased ImprovementsImprovements in violation of the preceding sentence, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed that certain environmental report, dated March 12, 1997, and a Phase I Environmental Report prepared by Nova Environmental Services as Project No. M97C-239 K Associates, Inc. of approximately equal date herewith for each Facility (Client No. M-2557), together with the reliance letter dated May 26, 1998 from Nova Environmental Services to Lessor and the review thereof performed by XXXXX International Incorporated (collectively the "Environmental Report"). Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Report, as updated, promptly after the Commencement Date hereunderReport or any other environmental report. Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of whether the existence of such Hazardous Materials is known by Lessor and no matter when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property of types and in the quantities commonly used in assisted living facilities in the Commonwealth of Pennsylvania and which have been used, stored and disposed of in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased ImprovementsImprovements in violation of the preceding sentence, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed that certain environmental report, a Phase I Environmental Site Assessment dated March 12, 1997August 1996, and related supplemental reports and letters prepared by Nova Environmental Services as Project No. M97-239 Urban Engineers of Erie, Inc. and a Subsurface Exploration and Foundation Engineering Report dated August 23, 1996, prepared by Geotechnical Consultants, Inc. for the Facility (Client No. M-2557)collectively, together with the reliance letter dated May 26, 1998 from Nova Environmental Services to Lessor and the review thereof performed by XXXXX International Incorporated (the "Environmental ReportReports"). Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Report, as updated, promptly after the Commencement Date hereunderReports or any other environmental report. Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of whether the existence of such Hazardous Materials is known by Lessor and no matter when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property in connection with Lessee's business and in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased Improvements, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to to, and hereby does, fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed that certain environmental report, dated as of March 122, 19971998, and prepared by Nova Environmental Services Gilex Xxxineering Associates, Inc., as Project No. M97-239 (Client 5E-9802003 and updated on June 10, 1999, as project No. M-2557), together with the reliance letter dated May 26, 1998 from Nova Environmental Services to Lessor and the review thereof performed by XXXXX International Incorporated 1E-9906042 (the "Environmental Report"). Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Report, as updated, promptly after the Commencement Date hereunder. Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of whether the existence of such Hazardous Materials is known by Lessor and no matter when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.