Common use of Manager Obligations Clause in Contracts

Manager Obligations. If the presence of any Hazardous Materials on, under or about the Property caused or permitted by MANAGER results in (i) injury to any person, (ii) damage to or contamination of the Property (or a portion thereof), or (iii) to or contamination of any real or personal property wherever situated, MANAGER shall immediately notify the Director of said damages, and/or contamination and/or injuries, and MANAGER, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Property to the condition existing prior to the introduction of such Hazardous Materials to the Property and to remedy or repeat any such injury, damage, or contamination. Without limiting any other rights or remedies of DISTRICT under this Agreement, MANAGER shall pay the cost of any cleanup, repair! or remedial work performed on. under or about the Property as required by this Agreement or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by MANAGER. Notwithstanding the foregoing, except in cases of emergency or where ordered to do so by a court, governmental agency, or other agency having jurisdiction over the Property, MANAGER shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the Property caused or permitted by MANAGER, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi-governmental entity without first obtaining the prior written consent of DISTRICT. All work performed or caused to be performed by MANAGER as provided for above shall be done in professional and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by the Director or Board as applicable. Until such remedial work is completed as determined in writing by applicable regulatory agency or agencies, and the Director or Board, and all remediation related costs of MANAGER are fully paid and reported by MANAGER to the Director! payment of the monthly Management Fee to MANAGER will be withheld by DISTRICT. Notwithstanding the foregoing, DISTRICT will not withhold payment of the Management Fee to MANAGER so long as MANAGER is working with due diligence toward the development of any required remediation plan and thereafter commences such work and diligently pursues such work to completion.