Pre-Existing Site Conditions. Prior to the Operating Term Commencement Date, BSD shall be responsible for performing or causing to be performed, and for paying the cost of performing as a part of the Venue Budget, any and all testing required by the Voluntary Cleanup Contract (“VCC”) entered into by and between BSD and the City to be performed with respect to any (i) state historical landmarks present at, in, on or under the Venue prior to the Construction Commencement Date and (ii) any Pre-Existing Environmental Conditions in accordance with Section 9.2; provided, however, that to the extent that such testing costs are eligible for payment by the City pursuant to the terms and conditions of the Bull Street Agreement, then BSD shall, by document acceptable to City, irrevocably authorize and direct City to fund the testing under this Section 6.3 by disbursement pursuant to the Bull Street Agreement. Any such disbursements shall reduce the balance remaining available to BSD under the Bull Street Agreement.
Pre-Existing Site Conditions. Lessor will compensate Lessee for any reasonable and necessary out-of-pocket expenses incurred by Lessee to remedy, correct, amend, upgrade, or perform any work related to pre-existing conditions on the Premises and Project Site that were not reasonably discoverable or foreseen by Lessee through its initial site information review, investigation, and engineering site audit, including, but not limited to, repair of pre-existing construction defects (including in the electrical system on the Premises and Project Site), repair of damage to underground utilities not identified by the utility, and any additional costs resulting from government and/or utility inspectors who determine that pre-existing conditions require correction or amendment, unless such corrections or amendments are specifically provided for in this Lease.
Pre-Existing Site Conditions. Prior to the Operating Term Commencement Date, Developer shall be responsible for performing or causing to be performed, and for paying the cost of performing as a part of the Stadium Budget, any and all corrective or remedial actions (including all investigation, monitoring, etc.) required by Applicable Law (including the Antiquities Code) to be performed with respect to any (i) state historical landmarks present at, in, on or under the Stadium prior to the Construction Commencement Date and (ii) any Pre-Existing Environmental Conditions in accordance with Section 9.2.
