Common use of Remedial Work Clause in Contracts

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws or order of any Governmental Authority that has or acquires jurisdiction over the Property, the Improvements or the use, operation or improvement of the Property under any Hazardous Materials Laws, Borrower shall, by the earlier of (1) the applicable deadline required by Hazardous Materials Laws or (2) 30 days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials Laws. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 6 contracts

Samples: Subordination and Attornment Agreement (Ensign Group, Inc), Loan Agreement (Advocat Inc), Loan Agreement (Advocat Inc)

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Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary required to comply bring Borrower into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 5 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply bring Borrower into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1) the applicable deadline required by Hazardous Materials Laws or (2) 30 days after notice from Lender demanding such actionLaw, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 3 contracts

Samples: Loan Agreement (CNL Healthcare Trust, Inc.), Loan Agreement (CNL Healthcare Properties II, Inc.), Loan Agreement (CNL Healthcare Trust, Inc.)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply bring Borrower into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 3 contracts

Samples: Loan Agreement (Advocat Inc), Loan Agreement (Arv Assisted Living Inc), Loan Agreement (Advocat Inc)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws Law or order of any Governmental Authority governmental authority that has or acquires jurisdiction over the Property, the Improvements Property or the use, operation or improvement of the Property under any the Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1) the applicable deadline required by Hazardous Materials Laws Law or (2) 30 days after notice from Lender Bank demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender Bank may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender Bank on demand for the cost of doing so. Any reimbursement due from Borrower to Lender Bank shall become part of the Loan Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Energy Inc.), Credit Agreement (Energy Inc.), Credit Agreement (Energy Inc.)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it with reasonable diligence to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 3 contracts

Samples: Loan Agreement (CNL Retirement Properties Inc), Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it with reasonable diligence to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 2 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply bring Borrower into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 2 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Arv Assisted Living Inc)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the Property, the Improvements or the use, operation or improvement of the Property under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its optionoption and after five (5) days' prior written notice, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 2 contracts

Samples: Loan Agreement (Lowell Farms Inc.), Loan Agreement

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply bring Borrower into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 sixty (60) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations. Borrower shall control any and all dealings with any governmental authority (unless or until Lender causes such Remedial Work to be completed as provided herein).

Appears in 2 contracts

Samples: Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply bring Borrower into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by prior to the earlier expiration of (1) the applicable deadline required by Hazardous Materials Laws or (2) 30 days after notice from Lender demanding such actionLaw, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the reasonable cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 1 contract

Samples: Loan Agreement (Sunrise Senior Living Inc)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply bring a Borrower into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower Borrowers shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails Borrowers fail to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower Borrowers shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower Borrowers to Lender shall become part of the Loan Obligations.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

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Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply bring Borrower into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 sixty (60) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the actual cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations. Borrower shall control any and all dealings with any governmental authority (unless or until Lender causes the Remedial Work to be completed as provided herein).

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

Remedial Work. If any investigation, site monitoring, containment, 60 61 clean-up, removal, restoration or other remedial work ("Remedial WorkREMEDIAL WORK") is necessary to comply with any Hazardous Materials Laws Environmental Law or order of any Governmental Authority that has or acquires jurisdiction over the Property, the Improvements or the use, operation or improvement of the Property Properties under any Hazardous Materials LawsEnvironmental Law, Borrower Lessee shall, by the earlier of (1) the applicable deadline required by Hazardous Materials Laws Environmental Law or (2) 30 thirty (30) days after notice from Lender Surety demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by and in accordance with applicable Hazardous Materials LawsEnvironmental Law. If Borrower Lessee fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender Surety may, at its option, cause the Remedial Work and any other efforts deemed necessary by Surety in its sole and absolute discretion, to be completed, in which case Borrower Lessee shall reimburse Lender Surety on demand for the cost all costs of doing so. Any reimbursement due from Borrower Lessee to Lender Surety shall become part of the Loan Reimbursement Obligations.

Appears in 1 contract

Samples: Reimbursement Agreement (Alterra Healthcare Corp)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply bring Borrowers into compliance with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Property Land under any Hazardous Materials LawsLaw, Borrower Borrowers shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails Borrowers fail to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower Borrowers shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 1 contract

Samples: Loan Agreement (Advocat Inc)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws or order of any Governmental Authority that has or acquires jurisdiction over the PropertyLand, the Improvements or the use, operation or improvement of the Mortgaged Property under any Hazardous Materials Laws, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws or (2b) 30 days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials Laws. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 1 contract

Samples: Loan Agreement (Alterra Healthcare Corp)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the PropertyProperties, the Improvements or the use, operation or improvement of the Property Properties under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1) the applicable deadline required by Hazardous Materials Laws Law or (2) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If if Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 1 contract

Samples: Revolving Loan Agreement (Sunrise Assisted Living Inc)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws Law or order of any Governmental Authority that has or acquires jurisdiction over the Property, the Improvements or the use, operation or improvement of the Property under any Hazardous Materials LawsLaw, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws Law or (2b) 30 thirty (30) days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials LawsLaw. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Remedial Work. If any investigation, site monitoring, containment, clean-up, restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Laws or order of any Governmental Authority that has or acquires jurisdiction over the Property, the Improvements or the use, operation or improvement of the Property under any Hazardous Materials Laws, Borrower shall, by the earlier of (1a) the applicable deadline required by Hazardous Materials Laws or (2b) 30 days after notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event complete such work by the time required by applicable Hazardous Materials Laws. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower shall reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender shall become part of the Loan Obligations.

Appears in 1 contract

Samples: Loan Agreement (Alternative Living Services Inc)

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