Common use of Testing and Assessment by Airports Authority Clause in Contracts

Testing and Assessment by Airports Authority. Subject to the conditions stated below in this paragraph, at the Airports Authority’s sole discretion, during reasonable business hours, the Airports Authority or its representatives or consultants, may enter upon the Premises and make any tests, measurements, investigations or assessment the Airports Authority deems necessary in order to determine the presence of Hazardous Materials or to evaluate the Contractor’s compliance with this Contract. The Airports Authority shall also have the right to enter upon the Premises for the purpose of performing multi-media environmental audit inspections and visits, as well as to perform multi-media pollution prevention inspections. The Contractor shall have the right to have a representative present and to split samples of any soil and/or groundwater testing. Nothing herein requires the Airports Authority to conduct any such testing, measurement, investigation or assessment. The Airports Authority will give the Contractor a minimum of five (5) Days’ written notice prior to conducting any such tests, investigations or assessment except no such notice is required under urgent or emergency conditions. If any of the Contractor’s Hazardous Materials are detected requiring corrective action, other than monitoring under this provision, or if any material violation of any law or the requirements of this provision are found by the consultant, the fees and expenses of said consultant shall be paid by the Contractor as additional rent under this Contract on demand by the Airports Authority. This is in addition to the Contractor’s obligation to conduct all required corrective action of any of the Contractor’s Hazardous Material releases or suspected releases at the Contractor’s sole cost as provided in Section 10.05 herein.

Testing and Assessment by Airports Authority. Subject to the conditions stated below in this paragraph, at the Airports Authority’s sole discretion, during reasonable business hours, the Airports Authority or its representatives or consultants, may enter upon the Premises and make any tests, measurements, investigations or assessment the Airports Authority deems necessary in order to determine the presence of Hazardous Materials or to evaluate the Contractor’s compliance with this Contract. The Airports Authority shall also have the right to enter upon the Premises for the purpose of performing multi-media environmental audit inspections and visits, as well as to perform multi-media pollution prevention inspections. The Contractor shall have the right to have a representative present and to split samples of any soil and/or groundwater testing. Nothing herein requires the Airports Authority to conduct any such testing, measurement, investigation or assessment. The Airports Authority will give the Contractor a minimum of five (5) Days’ written notice prior to conducting any such tests, investigations or assessment except no such notice is required under urgent or emergency conditions. If any of the Contractor’s Hazardous Materials are detected requiring corrective action, other than monitoring under this provision, or if any material violation of any law or the requirements of this provision are found by the consultant, the fees and expenses of said consultant shall be paid by the Contractor as additional rent under this Contract on demand by the Airports Authority. This is in addition to the Contractor’s obligation to conduct all required corrective action of any of the Contractor’s Hazardous Material releases or suspected releases at the Contractor’s sole cost as provided in Section 10.05 herein.herein.‌

Testing and Assessment by Airports Authority. ‌ Subject to the conditions stated below in this paragraph, at the Airports Authority’s sole discretion, during reasonable business hours, the Airports Authority or its representatives or consultants, may enter upon the Premises and make any tests, measurements, investigations or assessment the Airports Authority deems necessary in order to determine the presence of Hazardous Materials or to evaluate the Contractor’s compliance with this Contract. The Airports Authority shall also have the right to enter upon the Premises for the purpose of performing multi-media environmental audit inspections and visits, as well as to perform multi-media pollution prevention inspections. The Contractor shall have the right to have a representative present and to split samples of any soil and/or groundwater testing. Nothing herein requires the Airports Authority to conduct any such testing, measurement, investigation or assessment. The Airports Authority will give the Contractor a minimum of five (5) Days’ written notice prior to conducting any such tests, investigations or assessment except no such notice is required under urgent or emergency conditions. If any of the Contractor’s Hazardous Materials are detected requiring corrective action, other than monitoring under this provision, or if any material violation of any law or the requirements of this provision are found by the consultant, the fees and expenses of said consultant shall be paid by the Contractor as additional rent under this Contract on demand by the Airports Authority. This is in addition to the Contractor’s obligation to conduct all required corrective action of any of the Contractor’s Hazardous Material releases or suspected releases at the Contractor’s sole cost as provided in Section 10.05 herein.