Common use of Substantive Obligations Clause in Contracts

Substantive Obligations. i. Tenant shall not cause or permit any materials regulated under the Environmental Laws to be generated, manufactured, transported, treated, stored, disposed of, handled, processed, produced or released on the Premises except in substantial compliance with all applicable Environmental Laws. Tenant shall not introduce any Hazardous Material onto the Premises, except as may be customarily used in connection with the Permitted Use. ii. Tenant shall promptly notify Landlord of any Current Environmental Claim Tenant receives from any Governmental Authority or private entity. iii. Upon reasonable notice and during normal business hours, Landlord and Landlord’s agents and employees shall have the right, but not the (1) Landlord and Landlord’s agent give reasonable advance notice to Tenant of the nature, scope or duration and location of any environmental tests to be performed; (2) Landlord and Landlord’s agent conducts such tests in accordance with applicable testing protocols contained in any Environmental Laws; (3) Landlord and Landlord’s agent permits Tenant and/or its designated representative to attend and/ or participate in all such environmental tests; (4) Landlord and/or Landlord’s agent conduct no environmental tests of any of Tenant’s personal property (including but not limited to any machinery, inventory, or supplies located at the Premises) and (5) Landlord and/or Landlord’s agent conduct any such environmental tests at its or their sole expense. iv. If any Current Environmental Claim gives rise to liability under any Environmental Law that requires remediation, Tenant shall promptly take any and all action required by the Environmental Laws. v. Tenant shall indemnify, defend and hold harmless Landlord from all claims, judgments, causes of action, damages, costs, fines, penalties, liability, losses, expenses (including but not limited to actual reasonable attorneys’ fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees) arising from or attributable to any Current Environmental Claim, provided that Landlord (I) promptly notifies Tenant in writing of such claim, (ii) provides reasonable and timely assistance, information and authority and cooperates fully in Tenant’s defense of such claim and/or settlement thereof, and (iii) permits Tenant to control the defense and/or settlement thereof. In the event a conflict of interest exists which, under the applicable canons of ethics, would prevent counsel for Tenant from jointly representing and/or defending Landlord and Tenant, Tenant shall reimburse Landlord for its reasonable costs and expenses of defending any such claim, (including but not limited to actual reasonable attorneys’ fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees). vi. Landlord shall indemnify, defend and hold harmless Tenant from all claims, judgments, causes of action, damages, costs, fines, penalties, liability, losses, expenses (including but not limited to actual reasonable attorneys’ fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees) arising from or attributable to any Unrelated Current Environmental Claim, Prior Environmental Claim or Subsequent Environmental Claim, provided that Tenant (I) promptly notifies Landlord in writing of such claim, (ii) provides reasonable and timely assistance, information and authority and cooperates fully in Landlord’s defense of such claim and/or settlement thereof, and (iii) permits Landlord to control the defense and/or settlement thereof. In the event a conflict of interest exists which, under the applicable canons of ethics, would prevent counsel for landlord from jointly representing and/or defending Landlord and Tenant, Landlord shall reimburse Tenant for its reasonable costs and expenses of defending any such claim, (including but not limited to actual reasonable attorneys’ fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees). I. Within five (5) days after the date of this Lease, Landlord shall deliver to Tenant a Phase I Environmental Assessment Report (the “Phase I”) for the Land certified to Tenant as of a date no earlier than thirty (30) days prior to the date of this Lease. Tenant may, based on the results of the Phase I, elect to terminate this Lease by providing Landlord written notice within ten (10) business days after Tenant’s receipt of the Phase I, if Tenant does not terminate this Lease as a result of its review of the Phase I, Landlord shall provide Tenant with an updated Phase I re-certified to Tenant as of a date no earlier than November 15, 2001 (the “Updated Phase I”), and if the Updated Phase I shows material adverse changes in the environmental condition of the Premises as compared to the results of the Phase I, Tenant may, by providing written notice to Landlord, compel Landlord to remediate the environmental condition of the Premises to the reasonable satisfaction of Tenant. If Landlord fails to remediate the environmental condition of the Premises to the reasonable satisfaction of Tenant within thirty (30) days after the date of Tenant’s notice, Tenant shall thereafter have the right to terminate this Lease by providing written notice to Landlord.

Substantive Obligations. i. Tenant shall not cause or permit any materials regulated under the Environmental Laws to be generated, manufactured, transported, treated, stored, disposed of, handled, processed, produced or released on the Premises except in substantial compliance with all applicable Environmental Laws. Tenant shall not introduce any Hazardous Material onto the Premises, except as may be customarily used in connection with the Permitted Use. ii. Tenant shall promptly notify Landlord of any Current Environmental Claim Tenant receives from any Governmental Authority or private entity. iii. Upon reasonable notice and during normal business hours, Landlord and Landlord’s 's agents and employees shall have the right, but not thethe obligation, to enter and inspect the Premises to determine Tenant's compliance with this Paragraph 30. Landlord and Landlord's agent may conduct such environmental tests of the Premises only in accordance with the following conditions: (1) Landlord and Landlord’s 's agent give reasonable advance notice to Tenant of the nature, scope or duration and location of any environmental tests to be performed; ; (2) Landlord and Landlord’s 's agent conducts such tests in accordance with applicable testing protocols contained in any Environmental Laws; ; (3) Landlord and Landlord’s 's agent permits Tenant and/or its designated representative to attend and/ or participate in all such environmental tests; (4) Landlord and/or Landlord’s 's agent conduct no environmental tests of any of Tenant’s 's personal property (including but not limited to any machinery, inventory, or supplies located at the Premises) and (5) Landlord and/or Landlord’s 's agent conduct any such environmental tests at its or their sole expense. iv. If any Current Environmental Claim gives rise to liability under any Environmental Law that requires remediation, Tenant shall promptly take any and all action required by the Environmental Laws. v. Tenant shall indemnify, defend and hold harmless Landlord from all claims, judgments, causes of action, damages, costs, fines, penalties, liability, losses, expenses (including but not limited to actual reasonable attorneys’ ' fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees) arising from or attributable to any Current Environmental Claim, provided that Landlord (I) promptly notifies Tenant in writing of such claim, (ii) provides reasonable and timely assistance, information and authority and cooperates fully in Tenant’s 's defense of such claim and/or settlement thereof, and (iii) permits Tenant to control the defense and/or settlement thereof. In the event a conflict of interest exists which, under the applicable canons of ethics, would prevent counsel for Tenant from jointly representing and/or defending Landlord and Tenant, Tenant shall reimburse Landlord for its reasonable costs and expenses of defending any such claim, (including but not limited to actual reasonable attorneys’ ' fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees). vi. Landlord shall indemnify, defend and hold harmless Tenant from all claims, judgments, causes of action, damages, costs, fines, penalties, liability, losses, expenses (including but not limited to actual reasonable attorneys’ ' fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees) arising from or attributable to any Unrelated Current Environmental Claim, Prior Environmental Claim or Subsequent Environmental Claim, provided that Tenant (I) promptly notifies Landlord in writing of such claim, (ii) provides reasonable and timely assistance, information and authority and cooperates fully in Landlord’s 's defense of such claim and/or settlement thereof, and (iii) permits Landlord to control the defense and/or settlement thereof. In the event a conflict of interest exists which, under the applicable canons of ethics, would prevent counsel for landlord from jointly representing and/or defending Landlord and Tenant, Landlord shall reimburse Tenant for its reasonable costs and expenses of defending any such claim, (including but not limited to actual reasonable attorneys’ ' fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees). I. Within five (5) days after the date of this Lease, Landlord shall deliver to Tenant a Phase I Environmental Assessment Report (the “"Phase I”") for the Land certified to Tenant as of a date no earlier than thirty (30) days prior to the date of this Lease. Tenant may, based on the results of the Phase I, elect to terminate this Lease by providing Landlord written notice within ten (10) business days after Tenant’s 's receipt of the Phase I, if I. If Tenant does not terminate this Lease as a result of its review of the Phase I, Landlord shall provide Tenant with an updated Phase I re-certified to Tenant as of a date no earlier than November 15, 2001 (the “"Updated Phase I”"), and if the Updated Phase I shows material adverse changes in the environmental condition of the Premises as compared to the results of the Phase I, Tenant may, by providing written notice to Landlord, compel Landlord to remediate the environmental condition of the Premises to the reasonable satisfaction of Tenant. If Landlord fails to remediate the environmental condition of the Premises to the reasonable satisfaction of Tenant within thirty (30) days after the date of Tenant’s 's notice, Tenant shall thereafter have the right to terminate this Lease by providing written notice to Landlord.