Common use of Obligation to Remediate Clause in Contracts

Obligation to Remediate. In addition to the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, upon approval and demand of Landlord, at Tenant’s sole cost and expense and using contractors reasonably approved by Landlord, promptly take all actions to remediate the Premises or the Project which are required by any Governmental Agency, or which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the Project, which remediation is necessitated from the presence upon, about or beneath the Project, at any time during or upon termination of this Lease, of a Hazardous Material, which presence is a result of Tenant’s use and occupancy of the Premises or a violation of Environmental Requirements, existing as a result of the activities or negligence of the Tenant Group. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Project, 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 the Project, which shall be performed in a manner reasonably approved by Landlord. Tenant shall take all actions necessary to restore the Project to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Project, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Li-Cycle Holdings Corp.), Industrial Lease Agreement (Li-Cycle Holdings Corp.)

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Obligation to Remediate. In addition to the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, upon approval and demand of Landlord, at Tenant’s its sole cost and expense and using contractors reasonably approved by LandlordLandlord (such approval not to be unreasonably withheld, conditioned, or delayed), promptly take all actions to remediate the Premises or Property and the Project which are required by any Governmental Agency, or which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the Property and the Project, which remediation is necessitated from the presence upon, about or beneath the Property and the Project, at any time during or upon termination of this LeaseLease (whether discovered during or following the Lease Term), of a Hazardous Material, which presence is a result of Tenant’s use and occupancy of the Premises Material or a violation of Environmental Requirements, Requirements existing as a result of the activities or negligence of the Tenant Group. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Property and the Project, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration workwork required by this Section 5.03, whether on or off the ProjectProperty, which shall be performed in a manner reasonably approved by LandlordLandlord (such approval not to be unreasonably withheld, conditioned, or delayed). To the extent practicable, Tenant shall take all actions necessary to restore the Property and the Project to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Property and the Project, notwithstanding any lesser standard of remediation allowable under applicable law Applicable Law or governmental policies.

Appears in 1 contract

Samples: Switch, Inc.

Obligation to Remediate. In addition to the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, upon approval and demand of Landlord, at Tenant’s its sole cost and expense and using contractors reasonably approved by Landlord, promptly take all actions to remediate the Premises or the Project Property which are required by any Governmental Agency, or which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the ProjectProperty, which remediation is necessitated from the presence upon, about or beneath the ProjectProperty, at any time during or upon termination of this Lease, of a Hazardous Material, which presence is a result of Tenant’s use and occupancy of the Premises Material or a violation of Environmental Requirements, Environmental• Requirements existing as a result of the activities or negligence of the Tenant Group. Such actions shall include, but not be limited to, the investigation of the environmental condition of the ProjectProperty, 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 the ProjectProperty, which shall be performed in a manner reasonably approved by Landlord. Tenant shall take all actions necessary to restore the Project Property to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the ProjectProperty, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Chino Commercial Bancorp)

Obligation to Remediate. In addition to the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, upon approval and demand of Landlord, at Tenant’s its sole cost and expense and using contractors reasonably approved by Landlord, promptly take all actions to remediate the Premises or the Project Property which are required by any Governmental Agency, or which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the ProjectProperty, which mitigation or remediation is necessitated from the presence upon, about or beneath the ProjectProperty, at any time during or upon termination of this Lease, of a Hazardous Material, which presence is Material existing as a result of Tenant’s use and occupancy the activities or negligence of the Premises Tenant Group or a violation of Environmental Requirements, Requirements existing as a result of the activities or negligence of the Tenant Group. Such actions shall include, but not be limited to, the investigation of the environmental condition of the ProjectProperty, 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 the ProjectProperty, which shall be performed in a manner reasonably approved by Landlord. Tenant shall take all actions necessary to restore the Project Property to the condition existing prior to the introduction by the Tenant Group of Hazardous Material upon, about or beneath the ProjectProperty, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies.

Appears in 1 contract

Samples: Source Interlink Companies Inc

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Obligation to Remediate. In addition to the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, upon approval and demand of Landlord, at Tenant’s its sole cost and expense and using contractors reasonably approved by Landlord, promptly take all actions to remediate the Premises or the Project Property which are required by any Governmental Agency, or which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the ProjectProperty, which remediation is necessitated from the presence upon, about or beneath the ProjectProperty, at any time during or upon termination of this LeaseLease (whether discovered during or following the Lease Term), of a Hazardous Material, which presence is a result of Tenant’s use and occupancy of the Premises Material or a violation of Environmental Requirements, Requirements existing as a result of the activities or negligence of the Tenant Group. Such actions shall include, but not be limited to, the investigation of the environmental condition of the ProjectProperty, 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 the ProjectProperty, which shall be performed in a manner reasonably approved by Landlord. Tenant shall take all actions necessary to restore the Project Property to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the ProjectProperty, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Switch, Inc.)

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