Common use of Right to Inspect and Cure Clause in Contracts

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (i) no Event of Default exists, and (ii) Mortgagee has no cause to believe in its sole judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Premises or that Mortgagor or the Premises is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby and shall be secured by this Security Instrument. Mortgagor shall, and shall cause each tenant of the Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the Premises. In the event that Mortgagor fails to comply with any Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security Instrument, cause the Premises to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security Instrument.

Appears in 2 contracts

Samples: Mortgage, Security Agreement and Fixture Filing (HC Government Realty Trust, Inc.), Mortgage, Security Agreement and Fixture (HC Government Realty Trust, Inc.)

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Right to Inspect and Cure. Mortgagee Lender shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee Lender shall deem necessary or advisable from time to time at the sole cost and expense of MortgagorBorrower; provided, however, that Mortgagor Borrower shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (ia) no Event of Default exists, and (iib) Mortgagee Lender has no reasonable cause to believe in its sole judgment that seek a determination whether there has been a Release or threatened or suspected Release of Hazardous Substances at the Premises Property or that Mortgagor Borrower or the Premises Property is in violation of any Environmental Law, and the results of the inspections, audits and tests commissioned by Lender establish that there has been no Release or threatened Release of Hazardous Substances at the Property and that Borrower and the Property are not in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor Borrower as aforesaid, shall be added to the indebtedness secured hereby Liabilities and shall be secured by this Security InstrumentMortgage. Mortgagor Borrower shall, and shall use its best efforts to cause each tenant of its tenants at the Premises Property to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the PremisesProperty. In the event that Mortgagor Borrower fails to comply with any Environmental Law, Mortgagee Lender may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Premises Property to be in compliance with such laws and the cost of such compliance shall be added to the sums Liabilities secured by this Security InstrumentMortgage.

Appears in 2 contracts

Samples: Mortgage, Security Agreement and Fixture, Mortgage, Security Agreement and Fixture (Saddlebrook Resorts Inc)

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (ia) no Event of Default exists, and (iib) Mortgagee has no cause to believe in its sole reasonable judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Premises Property or that Mortgagor or the Premises Property is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby Liabilities and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Premises Property to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the PremisesProperty. In the event that Mortgagor fails to comply with any Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Premises Property to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions of Section 1 hereof.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Trailer Bridge Inc)

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (i) no Event of Default existshas occurred and is continuing beyond any applicable notice and cure period, and (ii) Mortgagee has no cause to believe in its sole judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Mortgaged Premises or that Mortgagor or the Mortgaged Premises is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Mortgaged Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the Mortgaged Premises. In the event that Mortgagor Xxxxxxxxx fails to comply with any Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Mortgaged Premises to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions of Article Five hereof.

Appears in 1 contract

Samples: Junior First Mortgage, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

Right to Inspect and Cure. Subject to the remainder of this Section 8.3, Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole reasonable cost and expense of Mortgagor; providedPROVIDED, howeverHOWEVER, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (i) no Event of Default exists, and (ii) Mortgagee has no cause to believe in its sole reasonable judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Mortgaged Premises or that Mortgagor or the Mortgaged Premises is in violation of any Applicable Environmental Law, which release or violation could reasonably be expected to have a material adverse effect on the collateral for the Loan when taken as a whole. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby Liabilities and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Mortgaged Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the Mortgaged Premises. In the event that Mortgagor fails to comply with any Applicable Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Premises Mortgaged Property to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions hereof.

Appears in 1 contract

Samples: Reimbursement Agreement (Alexanders Inc)

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (i) no Event of Default existshas occurred and is continuing beyond any applicable notice and cure period, and (ii) Mortgagee has no cause to believe in its sole judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Mortgaged Premises or that Mortgagor or the Mortgaged Premises is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable Loan No. 18856 to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Mortgaged Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the Mortgaged Premises. In the event that Mortgagor Xxxxxxxxx fails to comply with any Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Mortgaged Premises to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions of Article Five hereof.

Appears in 1 contract

Samples: First Mortgage, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

Right to Inspect and Cure. Mortgagee Lender shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee Lender shall deem necessary or advisable from time to time at the sole cost and expense of MortgagorBorrower; provided, however, that Mortgagor Borrower shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (ia) no Event of Default exists, and (iib) Mortgagee Lender has no reasonable cause to believe in its sole judgment that seek a determination whether there has been a Release or threatened or suspected Release of Hazardous Substances at the Premises Property or that Mortgagor Borrower or the Premises Property is in violation of any Environmental Law, and the results of the inspections, audits and tests commissioned by Xxxxxx establish that there has been no Release or threatened Release of Hazardous Substances at the Property and that Borrower and the Property are not in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor Borrower as aforesaid, shall be added to the indebtedness secured hereby Liabilities and shall be secured by this Security InstrumentMortgage. Mortgagor Borrower shall, and shall use its best efforts to cause each tenant of its tenants at the Premises Property to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the PremisesProperty. In the event that Mortgagor Xxxxxxxx fails to comply with any Environmental Law, Mortgagee Lender may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Premises Property to be in compliance with such laws and the cost of such compliance shall be added to the sums Liabilities secured by this Security InstrumentMortgage.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture (Saddlebrook Resorts Inc)

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such Loan No. 18857 environmental inspections, audits and tests so long as (i) no Event of Default existshas occurred and is continuing beyond any applicable notice and cure period, and (ii) Mortgagee has no cause to believe in its sole judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Mortgaged Premises or that Mortgagor or the Mortgaged Premises is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Mortgaged Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the Mortgaged Premises. In the event that Mortgagor Xxxxxxxxx fails to comply with any Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Mortgaged Premises to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions of Article Five hereof.

Appears in 1 contract

Samples: First Mortgage, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (i) no Event of Default exists, and (ii) Mortgagee has no cause to believe in its sole judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Mortgaged Premises or that Mortgagor or the Mortgaged Premises is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Mortgaged Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the Mortgaged Premises. In the event that Mortgagor Xxxxxxxxx fails to comply with any Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Mortgaged Premises to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security Instrument.Mortgage. [MORTGAGE] Loan No. 19263

Appears in 1 contract

Samples: Open End First Mortgage Deed, Security Agreement and Fixture (GTJ REIT, Inc.)

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Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (i) no Event of Default exists, and (ii) Mortgagee has no cause to believe in its sole reasonable judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Mortgaged Premises or that Mortgagor or the Mortgaged Premises is in violation of any Applicable Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby Liabilities and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Mortgaged Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the Mortgaged Premises. In the event that Mortgagor fails to comply with any Applicable Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Mortgaged Premises to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions of Section 3 hereof.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Burlington Coat Factory Warehouse Corp)

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time (but in no event more than once very 24 months) at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (ia) no Event of Default exists, and (iib) Mortgagee has no cause to believe in its sole reasonable judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Premises Property or that Mortgagor or the Premises Property is in violation of any Environmental Law. The cost of such inspections, audits audits, and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby Liabilities and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Premises Property to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the PremisesProperty. In the event that Mortgagor fails to comply with any Environmental LawLaw as set forth herein, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Premises Property to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions of Section 1 hereof.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Exactech Inc)

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem reasonably necessary or advisable from time to time at the sole cost and expense of Mortgagor; provided, however, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (ia) no Event of Default exists, and (iib) Mortgagee has no cause there is not sufficient evidence to believe in its sole judgment reasonably conclude that there has been a Release or threatened or suspected Release of Hazardous Substances at the Premises Property or that Mortgagor or the Premises Property is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby Liabilities and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Premises Property to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information reasonably requested concerning the operations conducted and Hazardous Substances located at the PremisesProperty. In the event that Mortgagor Xxxxxxxxx fails to comply in any material respect with any Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Premises Property to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions of Section 1 hereof.

Appears in 1 contract

Samples: Construction Loan Agreement (Arvida JMB Partners L P)

Right to Inspect and Cure. Mortgagee Beneficiary shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee Beneficiary shall deem necessary or advisable from time to time at the sole cost and expense of MortgagorGrantor; provided, however, that Mortgagor Grantor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (i) no Event of Default existshas occurred and is continuing beyond any applicable notice and cure period, and (ii) Mortgagee Beneficiary has no cause to believe in its sole judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Mortgaged Premises or that Mortgagor Grantor or the Mortgaged Premises is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor Grantor as aforesaid, shall be added to the indebtedness secured hereby and shall be secured by this Security InstrumentDeed of Trust. Mortgagor Grantor shall, and shall cause each tenant of the Mortgaged Premises to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the Mortgaged Premises. In the event that Mortgagor Grantor fails to comply with any Environmental Law, Mortgagee Beneficiary may, in addition to any of its other remedies under this Security InstrumentDeed of Trust, cause the Mortgaged Premises to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentDeed of Trust in accordance with the provisions of Article Five hereof.

Appears in 1 contract

Samples: Trust, Security Agreement and Fixture Filing (Cole Credit Property Trust III, Inc.)

Right to Inspect and Cure. Mortgagee shall have the right to conduct or have conducted by its agents or contractors such environmental inspections, audits and tests as Mortgagee shall deem necessary or advisable from time to time at the sole cost and expense of Mortgagor; providedPROVIDED, howeverHOWEVER, that Mortgagor shall not be obligated to bear the expense of such environmental inspections, audits and tests so long as (ia) no Event of Default exists, and (iib) Mortgagee has no cause to believe in its sole reasonable judgment that there has been a Release or threatened or suspected Release of Hazardous Substances at the Premises Property or that Mortgagor or the Premises Property is in violation of any Environmental Law. The cost of such inspections, audits and tests, if chargeable to Mortgagor as aforesaid, shall be added to the indebtedness secured hereby Liabilities and shall be secured by this Security InstrumentMortgage. Mortgagor shall, and shall cause each tenant of the Premises Property to, cooperate with such inspection efforts; such cooperation shall include, without limitation, supplying all information requested concerning the operations conducted and Hazardous Substances located at the PremisesProperty. In the event that Mortgagor fails to comply with any Environmental Law, Mortgagee may, in addition to any of its other remedies under this Security InstrumentMortgage, cause the Premises Property to be in compliance with such laws and the cost of such compliance shall be added to the sums secured by this Security InstrumentMortgage in accordance with the provisions of Section 1 hereof.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Levitt Corp)

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