Common use of Obligation to Remediate Clause in Contracts

Obligation to Remediate. Subject to the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, upon demand of Landlord, at its sole cost and expense and using contractors approved by Landlord (such approval not to be unreasonably withheld, conditioned, or delayed), promptly take all actions to remediate the Property and to mitigate Environmental Damages which are required by the Environmental Requirements or which are reasonably necessary to make full economic use of the Property (in a manner consistent with its then current use), which remediation and mitigation is necessitated from the presence upon, about or beneath the Property, at any time during or upon termination of this Lease (whether discovered during or following the Lease Term), of a Hazardous Material or a violation of Environmental Requirements existing as a result of the activities or negligence of the Tenant Group relating to the Property. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Property, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work required under this Section 5.03, whether on or off the Property, which shall be performed in a manner approved by Landlord (such approval not to be unreasonably withheld, conditioned, or delayed).

Appears in 1 contract

Samples: Industrial Real Estate Lease (Dendreon Corp)

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Obligation to Remediate. Subject In addition to the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, upon approval and demand of Landlord, at its sole cost and expense and using contractors approved by Landlord (such approval not to be unreasonably withheld, conditioned, or delayed)Landlord, promptly take all actions to remediate the Property and to mitigate Environmental Damages which are required by the Environmental Requirements any Governmental Agency, or which are reasonably necessary to make mitigate Environmental Damages or to allow full economic use of the Property (in a manner consistent with its then current use)Property, which remediation and mitigation is necessitated from the presence upon, about or beneath the Property, at any time during or upon termination of this Lease (whether discovered during or following the Lease Term)Lease, of a Hazardous Material or a violation of Environmental Requirements existing as a result of the activities or negligence of the Tenant Group relating to the PropertyGroup. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Property, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work required under this Section 5.03work, whether on or off the Property, which shall be performed in a manner approved by Landlord (such approval not Landlord. Tenant shall take all actions necessary to be unreasonably withheldrestore the Property to the condition existing prior to the introduction of Hazardous Material upon, conditionedabout or beneath the Property, notwithstanding any lesser standard of remediation allowable under applicable law or delayed)governmental policies. Notwithstanding the foregoing, Tenant shall have no obligation to remediate the Property if the Environmental Damages are a direct result of the actions of a previous occupant of the Property or a previous or present occupant or owner of any adjoining or neighboring properties.

Appears in 1 contract

Samples: Lease Agreement (Luminex Lighting Inc)

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

Appears in 1 contract

Samples: Letter Agreement (Quality Care Solutions Inc)

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

Appears in 1 contract

Samples: Hot Topic Inc /Ca/

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

Appears in 1 contract

Samples: Converse Inc

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