Common use of Obligation to Remediate Clause in Contracts

Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, at its sole cost and expense, promptly take all actions required by any federal, state or local governmental agency or political subdivision or reasonably necessary to mitigate Environmental Damages. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the Premises. Tenant shall take all actions necessary to make full economic use of and restore the full economic value of the Premises and any other affected area, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the Premises and any other affected area. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected area, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 days of demand therefore, Tenant shall provide Landlord with a bond, letter of credit or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations established by this paragraph.

Obligation to Remediate. Notwithstanding Pursuant to Section 26.3 of the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the Premises which are required by any federal, state state, or local governmental government agency or political subdivision or reasonably necessary pursuant to applicable Environmental Requirements to mitigate Environmental DamagesDamages for which Tenant is obligated herein. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports reports, or remedial plans, and the performance of any cleanup, remediation, containment, operationoperations, maintenance, monitoring monitoring, or restoration work, whether on or off of the Premises. Tenant shall further take all actions necessary to make full economic use of and restore the full economic value Premises to a substantially similar condition existing prior to Tenant’s introduction of Hazardous Material upon, about or beneath the Premises and any other affected areaPremises, notwithstanding any lesser standard standards of remediation allowable allowed under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental government entities. Any such actions shall be performed in a good, safe safe, and workmanlike manner and shall minimize any impact on the business businesses conducted on the Premises and those businesses conducted at the Premises and any other affected areaProject. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activitiesactivities and that are submitted to any government entity. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state state, and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected arearegulations, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 thirty (30) days of demand thereforetherefor, Tenant shall provide Landlord with a bond, letter of credit credit, or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations obligation established by this paragraph.

Obligation to Remediate. Notwithstanding Pursuant to Section 27.3 of the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the Premises which are required by any federal, state state, or local governmental government agency or political subdivision or which are reasonably necessary to mitigate Environmental DamagesDamages for which Tenant is obligated above. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports reports, or remedial plans, and the performance of any cleanup, remediation, containment, operationoperations, maintenance, monitoring monitoring, or restoration work, whether on or off of the Premises. Tenant shall further take all actions necessary to make full economic use of and restore the full economic value Premises to a substantially similar condition existing prior to Tenant’s introduction of Hazardous Material upon, Landlord’s Initials CZ Tenant’s Initials HZ about or beneath the Premises and any other affected areaPremises, notwithstanding any lesser standard standards of remediation allowable allowed under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental government entities. Any such actions shall be performed in a good, safe safe, and workmanlike manner and shall minimize any impact on the business businesses conducted on the Premises and/or those businesses conducted at the Premises and any other affected areaProject. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activitiesactivities and that are submitted to any government entity. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state state, and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected arearegulations, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 thirty (30) days of demand thereforetherefor, Tenant shall provide Landlord with a bond, letter of credit credit, or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations obligation established by this paragraph.

Obligation to Remediate. Notwithstanding the obligation of Tenant Lessee to indemnify Landlord Lessor pursuant to this Lease, at Landlord’s option Tenant Lessee shall, upon demand of Lessor, and at its Lessee’s sole cost and expense, promptly take commence all actions required by to remediate the Premises from the effects of any federal, state or local governmental agency or political subdivision or reasonably necessary to mitigate Lessee Environmental DamagesActivity. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the Premises. Tenant Lessee shall take all actions necessary to make full economic remediate the Premises from the effects of such Lessee Environmental Activity to a condition allowing unrestricted use of and restore the full economic value of the Premises and (i.e. to a level that will allow any other affected areafuture use of the Premises, including residential, hospital, or day care, without any engineering controls or deed restrictions), notwithstanding any lesser standard of remediation allowable under applicable law Applicable Laws; provided that the foregoing remediation standard shall apply only to the effects of such Lessee Environmental Activity and shall not impose on Lessee any responsibility for possible restrictions on the use of the Premises resulting from the Pre-Existing Environmental Condition or governmental policiesthe presence of other Hazardous Substances on the Premises that are not related to any Lessee Environmental Activity. All such work, including without limitation the contractor(s) performing the work and the work plan for the remediation, shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by LandlordLessor. Tenant Lessee shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entitiesApplicable Laws. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the Premises and any other affected areamanner. Tenant Lessee shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant Lessor’s environmental consultant shall have the right to be present during any testing or investigation on the Premises, and Lessee shall promptly provide to Landlord Lessor copies of testing results and reports that are generated in connection with the above activitiesactivities and any that are submitted to any governmental entity. Notwithstanding the foregoing or any provision hereof to the contrary, Lessee shall not be required to postpone or delay any testing, investigation or remedial action to accommodate Lessor’s representatives or consultants provided that Lessee shall have given Lessor at least three (3) business days notice of the applicable test, investigation or remedial activity. Promptly upon completion of such investigation and remediation, Tenant Lessee shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in accordance with sound engineering practice and in compliance with applicable federal, state and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected areaApplicable Laws, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 days of demand therefore, Tenant shall provide Landlord with a bond, letter of credit or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations established by this paragraphremediation.

Obligation to Remediate. Notwithstanding the obligation of Tenant Lessee to indemnify Landlord Lessor pursuant to this Lease, at Landlord’s option Tenant Lessee shall, upon demand of Lessor, and at its Lessee’s sole cost and expense, promptly take all actions required by any federal, state or local governmental agency or political subdivision or reasonably Remediation Activity necessary to mitigate Environmental Damages. Such actions shall include, but not be limited to, remediate the investigation of Premises from the environmental condition of the Premises, the preparation effects of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the PremisesLessee Environmental Activity. Tenant Lessee shall take undertake all actions Remediation Activities necessary to make full economic remediate the Premises from the effects of such Lessee Environmental Activity to a condition allowing the same unrestricted use of and restore the full economic value of the Premises and any other affected areaas permitted immediately prior to occurrence of such Lessee Environmental Activity, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policiesApplicable Laws. All such work shall be performed by one or more contractors, contractors selected by Tenant Lessee and reasonably approved in advance and in writing by LandlordLessor, which approval shall not be unreasonably withheld or delayed. Tenant Lessee shall proceed continuously and diligently with such actionsRemediation Activities, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entitiesApplicable Laws. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the Premises and any other affected areamanner. Tenant Lessee shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant Lessee shall promptly provide to Landlord Lessor copies of testing results and reports that are generated in connection with the above activitiesactivities and any that are submitted to any governmental entity. Promptly upon completion of such investigation and remediationRemediation Activities, Tenant Lessee shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in accordance with sound engineering practice and in compliance with applicable federal, state and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected areaApplicable Laws, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation Remediation Activities. Lessee shall not be in default of its obligations under this Section 18.5 if it is contesting in good faith its obligation to conduct the relevant Remediation Activity or remediation hereunder. Within 10 days of demand thereforeif it is seeking to cause a third party, Tenant shall provide Landlord with who is also liable for the Remediation Activities, to conduct such activities, so long as there is no material adverse effect on Lessor during such contest or attempt to cause a bond, letter of credit or similar financial assurance acceptable third party to Landlord evidencing that the necessary funds are available to perform the obligations established by this paragraphperform.

Obligation to Remediate. (a) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand by Landlord, and at its Tenant’s sole cost and expense, promptly take all actions required to remediate the Premises from the effects of any Tenant Environmental Activity (which includes the Pre-Existing Environmental Condition only to the extent that it is caused by any federalor results from Exacerbation by Tenant Environmental Activity), state or local and to obtain “no further action” letters from all governmental agency or political subdivision or reasonably necessary to mitigate Environmental Damagesauthorities asserting jurisdiction over the Premises. Such actions “no further action” letters shall apply solely to the effects of any Tenant Environmental Activity. If it is not the custom or practice of such governmental authority to issue a “no further action” letter under such circumstances, Tenant shall deliver documentation from its consultant evidencing the completion of the remediation in compliance with Environmental Requirements. By receiving documents from Tenant’s consultants, however, Landlord is not deemed to have agreed with any statements from such consultant or waived any rights to dispute their accuracy. Notwithstanding any provision of this Lease to the contrary, in no event shall Tenant be responsible for obtaining “no further action” letters with respect to any Pre-Existing Environmental Condition, nor shall Tenant be required to remediate any Pre-Existing Environmental Condition, except to the extent it was the result of Exacerbation due to Tenant Environmental Activity. With regard only to Tenant Environmental Activity that is not an Added Cost, Tenant shall be responsible for all reporting obligations under applicable Environmental Requirements, and Tenant agrees to be named on any remediation orders as the sole primarily responsible party. Landlord shall have the right to report any Release to governmental authorities, and to participate in all negotiations with the governmental authorities having jurisdiction over any remediation. With regard only to Tenant Environmental Activity that is not an Added Cost, Tenant’s remediation obligations shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the Premises. Tenant shall take all actions necessary to make full economic use of and restore the full economic value of remediate such contamination on the Premises and any other affected areareal property owned by Landlord from the effects of such Tenant Environmental Activity to a condition allowing Unrestricted Use of the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policiesApplicable Laws, and Tenant agrees that the foregoing remediation standard with respect to Tenant Environmental Activity shall be included in any remediation orders; provided that (i) Tenant’s obligation to remediate to such standard is only with respect to any Tenant Environmental Activity and not due to the Pre-Existing Environmental Condition. All such remediation work, including without limitation the contractor(s) performing the work and the work plan for the remediation, shall be performed by one or more contractors, selected by Tenant and approved disclosed in advance and in writing by Landlordto Landlord and Landlord shall have the right to approve or disapprove any such work. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entitiesApplicable Laws. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the Premises and any other affected areamanner. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected area, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 days of demand therefore, Tenant shall provide Landlord with a bond, letter of credit or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations established by this paragraph.

Obligation to Remediate. (a) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand by Landlord, and at its Tenant’s sole cost and expense, promptly take all actions required to remediate the Premises from the effects of any Tenant Environmental Activity (which includes the Pre-Existing Environmental Condition only to the extent that it is caused by any federalor results from Exacerbation by Tenant Environmental Activity), state or local and to obtain “no further action” letters from all governmental agency or political subdivision or reasonably necessary to mitigate Environmental Damagesauthorities asserting jurisdiction over the Premises. Such actions “no further action” letters shall apply solely to the effects of any Tenant Environmental Activity. If it is not the custom or practice of such governmental authority to issue a “no further action” letter under such circumstances, Tenant shall deliver documentation from its consultant evidencing the completion of the remediation in compliance with Environmental Requirements. By receiving documents from Tenant’s consultants, however, Landlord is not deemed to have agreed with any statements from such consultant or waived any rights to dispute their accuracy. Notwithstanding any provision of this Lease to the contrary, in no event shall Tenant be responsible for obtaining “no further action” letters with respect to any Pre-Existing Environmental Condition, nor shall Tenant be required to remediate any Pre-Existing Environmental Condition, except to the extent it was Exacerbated by Tenant Environmental Activity. With regard only to Tenant Environmental Activity that is not an Added Cost, Tenant shall be responsible for all reporting obligations under applicable Environmental Requirements, and Tenant agrees to be named on any remediation orders as the sole primarily responsible party. Landlord shall have the right to report any Release to governmental authorities, and to participate in all negotiations with the governmental authorities having jurisdiction over any remediation. With regard only to Tenant Environmental Activity that is not an Added Cost, Tenant’s remediation obligations shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the Premises. Tenant shall take all actions necessary to make full economic use of and restore the full economic value of remediate such contamination on the Premises and any other affected areareal property owned by Landlord from the effects of such Tenant Environmental Activity to a condition allowing Unrestricted Use of the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policiesApplicable Laws, and Tenant agrees that the foregoing remediation standard with respect to Tenant Environmental Activity shall be included in any remediation orders; provided that (i) Tenant’s obligation to remediate to such standard is only with respect to any Tenant Environmental Activity and not due to the Pre-Existing Environmental Condition. All such remediation work, including without limitation the contractor(s) performing the work and the work plan for the remediation, shall be performed by one or more contractors, selected by Tenant and approved disclosed in advance and in writing by Landlordto Landlord and Landlord shall have the right to approve or disapprove any such work. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entitiesApplicable Laws. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the Premises and any other affected areamanner. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected area, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 days of demand therefore, Tenant shall provide Landlord with a bond, letter of credit or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations established by this paragraph.

Obligation to Remediate. Notwithstanding Pursuant to Section 26.3 of the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the Premises which are required by any federal, state state, or local governmental government agency or political subdivision or which are reasonably necessary to mitigate Environmental DamagesDamages for which Tenant is obligated above. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports reports, or remedial plans, and the performance of any cleanup, remediation, containment, operationoperations, maintenance, monitoring monitoring, or restoration work, whether on or off of the Premises. Tenant shall further take all actions necessary to make full economic use of and restore the full economic value Premises to a substantially similar condition existing prior to Tenant’s introduction of Hazardous Material upon, about or beneath the Premises and any other affected areaPremises, notwithstanding any lesser standard standards of remediation allowable allowed under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental government entities. Any such actions shall be performed in a good, safe safe, and workmanlike manner and shall minimize any impact on the business businesses conducted on the Premises and/or those businesses conducted at the Premises and any other affected areaProject. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activitiesactivities and that are submitted to any government entity. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state state, and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected arearegulations, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 thirty (30) days of demand thereforetherefor, Tenant shall provide Landlord with a bond, letter of credit credit, or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations obligation established by this paragraph.

Obligation to Remediate. Notwithstanding Pursuant to Section 27.3 of the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the Premises which are required by any federal, state state, or local governmental government agency or political subdivision or which are reasonably necessary to mitigate Environmental DamagesDamages for which Tenant is obligated above. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports reports, or remedial plans, and the performance of any cleanup, remediation, containment, operationoperations, maintenance, monitoring monitoring, or restoration work, whether on or off of the Premises. Tenant shall further take all actions necessary to make full economic use of and restore the full economic value Premises to a substantially similar condition existing prior to Tenant’s introduction of Hazardous Material upon, about or beneath the Premises and any other affected areaPremises, notwithstanding any lesser standard standards of remediation allowable allowed under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental government entities. Any such actions shall be performed in a good, safe safe, and workmanlike manner and shall minimize any impact on the business businesses conducted on the Premises and/or those businesses conducted at the Premises and any other affected areaProject. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activitiesactivities and that are submitted to any government entity. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state state, and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected arearegulations, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 thirty (30) days of demand thereforetherefor, Tenant shall provide Landlord with a bond, letter of credit credit, or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations obligation established by this paragraph.

Obligation to Remediate. Notwithstanding Pursuant to Section 26.3 of the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the Premises which are required by any federal, state state, or local governmental government agency or political subdivision or which are reasonably necessary to mitigate Environmental DamagesDamages for which Tenant is obligated above. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports reports, or remedial plans, and the performance of any cleanup, remediation, containment, operationoperations, maintenance, monitoring monitoring, or restoration work, whether on or off of the Premises. Tenant shall further take all actions necessary to make full economic use of and restore the full economic value Premises to a substantially similar condition existing prior to Tenant’s introduction of Hazardous Material upon, about or beneath the Premises and any other affected areaPremises, notwithstanding any lesser standard standards of remediation allowable allowed under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental government entities. Any such actions shall be performed in a good, safe safe, and workmanlike manner and shall minimize any impact on the business businesses conducted on the Premises and/or those businesses conducted at the Premises and any other affected areaProject. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activitiesactivities and that are submitted to any government entity. Promptly Landlord’s Initials Tenant’s Initials STC-29 upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state state, and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected arearegulations, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 thirty (30) days of demand thereforetherefor, Tenant shall provide Landlord with a bond, letter of credit credit, or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations obligation established by this paragraph.

Obligation to Remediate. (a) Notwithstanding the obligation of Tenant Lessee to indemnify Landlord Lessor pursuant to this Lease, at Landlord’s option Tenant Lessee shall, upon demand of Lessor, and at its Lessee’s sole cost and expense, promptly take all actions required by to remediate the Premises from the effects of any federal, state or local governmental agency or political subdivision or reasonably necessary to mitigate Lessee Environmental DamagesActivity. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the Premises. Tenant Lessee shall take all actions necessary to make full economic remediate the Premises from the effects of such Lessee Environmental Activity to a condition allowing unrestricted use of and restore the full economic value of the Premises and (i.e. to a level that will allow any other affected areafuture use of the Premises, including residential, hospital, or day care, without any engineering controls or deed restrictions), notwithstanding any lesser standard of remediation allowable under applicable law or governmental policiesApplicable Laws. All such work, including without limitation the contractor(s) performing the work and the work plan for the remediation, shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by LandlordLessor. Tenant Lessee shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entitiesApplicable Laws. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the Premises and any other affected areamanner. Tenant Lessee shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant Lessor’s environmental consultant shall have the right to be present during any testing or investigation on the Premises, and Lessee shall promptly provide to Landlord Lessor copies of testing results and reports that are generated in connection with the above activitiesactivities and any that are submitted to any governmental entity. Notwithstanding the foregoing or any provision hereof to the contrary, Lessee shall not be required to postpone or delay any testing, investigation or remedial action to accommodate Lessor’s representatives or consultants provided that Lessee shall have given Lessor at least ten (10) business days notice of the applicable test, investigation or remedial activity. Promptly upon completion of such investigation and remediation, Tenant Lessee shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in accordance with sound engineering practice and in compliance with applicable federal, state and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected areaApplicable Laws, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 days of demand therefore, Tenant shall provide Landlord with a bond, letter of credit or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations established by this paragraphremediation.

Obligation to Remediate. Notwithstanding Pursuant to Section 26.3 of the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the Premises which are required by any federal, state state, or local governmental government agency or political subdivision or which are reasonably necessary to mitigate Environmental DamagesDamages for which Tenant is obligated above. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports reports, or remedial plans, and the performance of any cleanup, remediation, Landlord’s Initials /s/ [ILLEGIBLE] Tenant’s Initials /s/ BD, /s/ BL containment, operationoperations, maintenance, monitoring monitoring, or restoration work, whether on or off of the Premises. Tenant shall further take all actions necessary to make full economic use of and restore the full economic value Premises to a substantially similar condition existing prior to Tenant’s introduction of Hazardous Material upon, about or beneath the Premises and any other affected areaPremises, notwithstanding any lesser standard standards of remediation allowable allowed under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental government entities. Any such actions shall be performed in a good, safe safe, and workmanlike manner and shall minimize any impact on the business businesses conducted on the Premises and/or those businesses conducted at the Premises and any other affected areaProject. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activitiesactivities and that are submitted to any government entity. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state state, and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected arearegulations, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 thirty (30) days of demand thereforetherefor, Tenant shall provide Landlord with a bond, letter of credit credit, or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations obligation established by this paragraph.

Obligation to Remediate. Notwithstanding Pursuant to Section 26.3 of the obligation of Tenant to indemnify Landlord pursuant to this Lease, at Landlord’s option Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the Premises which are required by any federal, state state, or local governmental government agency or political subdivision or reasonably necessary pursuant to applicable Environmental Requirements to mitigate Environmental DamagesDamages for which Tenant is obligated herein. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports reports, or remedial plans, and the performance of any cleanup, remediation, containment, operationoperations, maintenance, monitoring monitoring, or restoration work, whether on or off of the Premises. Tenant shall further take all actions necessary to make full economic use of and restore the full economic value Premises to a substantially similar condition existing prior to Tenant’s introduction of Hazardous Material upon, about or beneath the Premises and any other affected areaPremises, notwithstanding any lesser standard standards of remediation allowable allowed under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental government entities. Any such actions shall be performed in a good, safe safe, and workmanlike manner and shall minimize any impact on the business businesses conducted on the Premises and/or those businesses conducted at the Premises and any other affected areaProject. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activitiesactivities and that are submitted to any government entity. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state state, and local laws and regulations or such more stringent specifications as may be necessary to make full economic use of and restore the full economic value of the Premises and any other affected arearegulations, remove all associated equipment, and restore the Premises and any other affected area to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Within 10 thirty (30) days of demand thereforetherefor, Tenant shall provide Landlord with a bond, letter of credit credit, or similar financial assurance acceptable to Landlord evidencing that the necessary funds are available to perform the obligations obligation established by this paragraph.