Common use of Studies Clause in Contracts

Studies. Lessee acknowledges receipt of a copy of that certain Soil and Ground Water Investigation, Former Best Foods Facility, Santa Fe Springs, California dated June 10, 1996 prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Associates, and that certain Environmental Site Assessment, Mid Counties Business Park, 15700 and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Avenue, Santa Fe Springs, California dated June 11, 1996, prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Associates (collectively, "Hazardous Substance Reports"). Lessor, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Lessee regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof) or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or the Industrial Center. Lessor does acknowledge to Lessee that: (i) Lessor has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Lessor does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, Lessee: (a) shall not rely on and Lessee hereby represents to Lessor that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Lessee deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Lessee at the Premises or Building, Lessee shall first notify Lessor of each proposed inspection or test and the scope, impact, and intent thereof and obtain Lessor's written consent to perform the same. Lessee shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Lessor with true and complete copies of any survey or report obtained by or for the benefit of Lessee in connection with hazardous or toxic materials that concern the Building, the Industrial Center or the Premises.

Studies. Lessee acknowledges receipt of a copy of that those ------- certain Soil and Ground Water Investigation, Former Best Foods Facility, Santa Fe Springs, California dated June 10, 1996 prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Associates, and that certain Phase I Environmental Site AssessmentAssessment Update, Mid Counties Business Ardenwood Technology Park, 15700 and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Avenue, Santa Fe Springs, California dated June 11, 1996, prepared by ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ Associates ▇▇, ▇▇▇▇▇▇▇▇▇▇, dated September 20, 1999, prepared by ATC Associates, (collectively, Project No. 75.81075.0002) and any prior hazardous materials studies described therein ("Hazardous Substance ReportsSurveys"). The Hazardous Substance Surveys do not indicate the presence of Hazardous Materials at the leased Premises based on the present levels or content of said Hazardous Materials in the materials sampled and tested at the Building housing the Premises, as said levels or content are presently set by the U.S. Environmental Protection Agency ("EPA") or the U.S. Occupational Safety and Health Administration ("OSHA"). Lessor has no knowledge of Hazardous Materials at the Premises or in the Building but Lessor's knowledge regarding the absence of said Hazardous Materials is limited to the Hazardous Substance Surveys. For purposes of the preceding sentence, knowledge by Lessor shall be limited to the actual knowledge of the following persons: Tig ▇▇▇▇▇▇▇. Lessor, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Lessee regarding: (i) the Hazardous Substance Reports Surveys (including, without limitation, the contents and/or accuracy thereof) or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or the Industrial Center. Lessor does acknowledge to Lessee that: (i) Lessor has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance ReportsSurveys; and (ii) Lessor does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance ReportsSurveys; and (iii) Lessor does not know of any reason that the Hazardous Substance Surveys are not true and correct. Notwithstanding the preceding sentence, Lessee: (a) shall not rely on and Lessee hereby represents to Lessor that it has not relied on the Hazardous Substance ReportsSurveys; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Lessee deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Lessee at the Premises or Building, Lessee shall first notify Lessor of each proposed inspection or test and the scope, impact, and intent thereof and obtain Lessor's written consent to perform the same. To the extent such proposed inspection or test causes physical damage to the Premises, Lessee shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Lessor with true and complete copies of any survey or report obtained by or for the benefit of Lessee in connection with hazardous or toxic materials that concern the Building, the Industrial Center or the Premises.and

Studies. Lessee Tenant acknowledges receipt of a copy of that certain Soil and Ground Water InvestigationEnvironmental Site Assessment 11.5 Acre Parcel Southeast Corner of ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇., Former Best Foods Facility▇▇▇ ▇▇▇▇▇, Santa Fe Springs, California dated June 10, 1996 prepared by ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Associatesdated May 20, and that certain Environmental Site Assessment, Mid Counties Business Park, 15700 and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Avenue, Santa Fe Springs, California dated June 11, 1996, 1998 prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Associates (collectively, "“Hazardous Substance Reports"”). LessorLandlord, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Lessee Tenant regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof) ); or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or the Industrial CenterProject. Lessor Landlord does acknowledge to Lessee Tenant that: (i) Lessor Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Lessor Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, LesseeTenant: (a) shall not rely on and Lessee Tenant hereby represents to Lessor Landlord that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Lessee Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Lessee Tenant at the Premises or Building, Lessee Tenant shall first notify Lessor Landlord of each proposed inspection or test and the scope, impact, and intent thereof and obtain Lessor's Landlord’s written consent to perform the same. Lessee Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Lessor with true and complete copies of any survey or report obtained by or for the benefit of Lessee in connection with hazardous or toxic materials that concern the Building, the Industrial Center or the Premisesinspection.

Studies. Lessee Tenant acknowledges receipt of a copy of that certain Soil and Ground Water Investigation, Former Best Foods Facility, Santa Fe Springs, California dated June 10, 1996 prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Associates, and that certain Environmental Site Assessment, Mid Counties Business Park, 15700 and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Avenue, Santa Fe Springs, California dated June 11, 1996, prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Associates the reports described in Exhibit "J" attached hereto (collectively, "Hazardous Substance Reports"). LessorLandlord, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Lessee Tenant regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof) ); or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or the Industrial Centerany other property. Lessor Landlord does acknowledge to Lessee Tenant that: (i) Lessor Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Lessor Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, LesseeTenant: (a) shall not rely on and Lessee Tenant hereby represents to Lessor Landlord that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Lessee Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Lessee Tenant at the Premises or Building, Lessee Tenant shall first notify Lessor Landlord of each proposed inspection or test and the scope, impact, and intent thereof and obtain LessorLandlord's written consent to perform the same. Lessee Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Lessor Landlord with true and complete copies of any survey or report obtained by or for the benefit of Lessee Tenant in connection with hazardous or toxic materials that concern the Building, the Industrial Center Building or the Premises.

Studies. Lessee Tenant acknowledges receipt of a copy of that certain Soil Final Environmental Site Assessment Cascades Business Park Lots 3, 4 and Ground Water Investigation▇▇-▇▇, Former Best Foods Facility, Santa Fe Springs, California dated June 10, 1996 prepared by ▇▇▇▇▇▇▇ , ▇▇▇▇▇▇ Associates, and that certain Environmental Site Assessment, Mid Counties Business Park, 15700 and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Avenuedated July 23, Santa Fe Springs, California dated June 11, 1996, 1999 and prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Associates and Environmental Site Assessment Update dated August 7, 2001, prepared by ▇▇▇▇▇▇▇ ESE (collectively, "Hazardous Substance Reports"). LessorLandlord, except as provided in the following sentence of this paragraph, makes no representations or <PAGE> -68- warranties whatsoever to Lessee Tenant regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof) ); or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or the Industrial Center. Lessor Landlord does acknowledge state to Lessee Tenant that: (i) Lessor Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Lessor Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports, and (iii) to Landlord's knowledge, the Hazardous Substances Reports delivered are true and complete copies of the original Hazardous Substances Reports. Notwithstanding the preceding sentence, LesseeTenant: (a) shall not rely on and Lessee Tenant hereby represents to Lessor Landlord that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Lessee Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Lessee Tenant at the Premises or Building, Lessee Tenant shall first notify Lessor Landlord of each proposed inspection or test and the scope, impact, and intent thereof and obtain LessorLandlord's written consent to perform the same. Lessee Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection inspection. Tenant may, at Tenant's sole cost and will expense, obtain non-intrusive Phase I Environmental Report in accordance with the most recent ASTM Standards from a reputable environmental consultant (the "Updated Reports"). Landlord agrees to provide Lessor Tenant's environmental consultant with true access to the Premises for purposes of preparing its Updated Reports and complete copies otherwise reasonably cooperate with that environmental consultant at no cost to Landlord; provided that in no event shall Landlord be obligated to make any representation or warranty or other statement as to the presence or absence of any survey or report obtained by or for the benefit of Lessee in connection with hazardous or toxic materials that concern the Building, Hazardous Materials at the Industrial Center or Center. In the Premisesevent Tenant obtains the Updated Reports, then Tenant may elect at any time within thirty (30) days after the date of this Lease to terminate this Lease based on Tenant's review of the Updated Reports. No delay in obtaining the Updated Reports shall extend to that thirty (30) day period. Tenant shall not have the right to terminate the Lease pursuant to this Paragraph 47.6 if it elects to obtain a report other than the Updated Reports.