Subsurface. Subsurface exploration and sampling may result in unavoidable contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area, linking it to an aquifer, underground stream, or other hydrous body not previously contaminated and capable of spreading hazardous materials off-site. Because nothing can be done to eliminate the risk of such an occurrence, and because subsurface sampling may be a necessary aspect of the services which BAI may perform on CLIENT's behalf, CLIENT waives any claim against BAI, and agrees to defend, indemnify and hold BAI harmless from any claim or liability for injury or loss which may arise as a result of alleged cross- contamination caused by sampling. LITIGATION SUPPORT: CLIENT expressly understands, agrees to and acknowledges that XXX’s right to compensation in accordance with the attached Schedule of Professional Fees for services rendered should litigation ensue. Compensation shall not depend in any way whatsoever upon XXX’s findings, opinions, testimony, or the outcome of CLIENT’s said legal action. Further, BAI has the right to refuse testimony if CLIENT has past-due, unpaid invoices. DISCOVERY OF UNANTICIPATED HAZARDOUS WASTE: CLIENT warrants that a reasonable effort to inform BAI of known or suspected hazardous materials on or near the project site has been made. Certain hazardous materials may exist at a site where there is no reason to believe they could or should be present. BAI and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. BAI and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for BAI to take immediate measures to protect health and safety. CLIENT agrees to compensate BAI for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous waste. BAI agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold XXX harmless for any and all consequences of disclosures made by BAI, which are required by governing law. In the event CLIENT does not own the project site, CLIENT recognizes that it is the CLIENT's responsibility to inform the property owner of the discovery of unanticipated hazardous ma...
Subsurface. Landlord expressly reserves the right to use subsurface ---------- areas of the Land, including without limitation the right to enter the Premises at all reasonable times with reasonable notice to perform such work in regard thereto as Landlord in its sole discretion shall determine including, without limitation installing and maintaining footings, supports and utilities and conducting tests.
Subsurface. Subject to the provisions of Section 13.6 of this Lease, if Hazardous Materials at the Premises must be treated, removed, or disposed of during the Term to comply with existing and future federal, state and local environmental laws, ordinances, rules, statutes, and regulations issued by any governmental authorities (“Environmental Laws”), Tenant shall be responsible for removing, any Hazardous Materials and will incur and be responsible for, at Tenant’s sole cost and expense, any and all costs relating to the presence of Hazardous Materials in, on, under or about the land portion of the Premises or the Improvements, including but not limited to: consultants’ fees (including investigations, testing, reporting, project management and laboratory analysis); all costs incurred to obtain an NFA or comparable determination; fees or charges paid to any applicable governmental agency (including the Department of Ecology); the cost of characterizing, excavating, hauling, treating and disposing of contaminated soil or dewatering and construction fluids to the extent the costs exceed the cost of handling noncontaminated soil or other media; ongoing or long-term operations and maintenance costs (for example, costs associated with any monitoring xxxxx or treatment system on the Premises); costs incurred to address vapor mitigation, waterproofing treatment or water in the foundation drainage system to the extent the costs exceed the cost of construction and operation in uncontaminated media; removal or treatment of contaminated water; sales or service taxes on any Remediation Costs; legal fees (including fees to negotiate with any applicable governmental agency or potentially responsible parties and to pursue cost recoveries from third parties); regulatory oversight charges; and any other charge or expense not specifically listed above that is incurred because of the presence of Hazardous Materials (all such costs, charges and expenses, the “Remediation Costs”).
