Common use of Environmental Audit Clause in Contracts

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of Lessor's request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request an Environmental Audit. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (a) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (b) a significant change in the condition of any of the Leased Properties has occurred; (c) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's obligations hereunder with respect to such Hazardous Materials or noncompliance.

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of LessorXxxxxx's request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii ) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee Xxxxxx shall immediately perform all of LesseeXxxxxx's obligations hereunder with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within thirty (30) days of Lessor's a written request therefortherefor from Lessor or any Facility Mortgagee, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor and the Facility Mortgagee, if any. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee also shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, neither Lessor nor any Facility Mortgagee shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) Lessor has a reasonable belief that there has been a significant change in the condition of any of the Leased Properties has occurredProperties; or (ciii) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's ’s obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within ------------------- thirty (30) days of Lessor's a written request therefortherefor from Lessor or a Facility Mortgagee, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor and a Facility Mortgagee, if any. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties Property and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any the Leased Property. Lessee also shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties Property as the engineer or consultant deems appropriate. However, neither Lessor nor a Facility Mortgagee shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased PropertiesProperty; (bii ) a significant change in the condition of any of the Leased Properties Property has occurred; (ciii) there are fewer than six (6) months remaining in the Term and Lessor has a reasonable belief that the Contamination has occurred during the Term; or (div) Lessor or a Facility Mortgagee has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.. (f)

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of Lessor's ’s request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii ) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's ’s obligations hereunder with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's expensePURCHASER shall have a right to conduct whatever environmental investigations, Lessee inspections and/or audits ("Investigation") of the Premises to determine whether: (i) the Premises and its use are in compliance with, and/or not in violation of all environmental, health, and safety laws of each and every federal, state, county, municipal or other governmental entity ("applicable law"); (ii) any underground storage tanks, including whether any hydraulic lift systems (both above and below ground) located at the Premises have leaked; and (iii) there has occurred any spillage or contamination of any kind or nature at the Premises (collectively "Environmental Concerns"). The cost of the Investigation shall deliver be borne solely by the PURCHASER. PURCHASER shall have sixty (60) days from the date hereof to Lessorconduct the Investigation. In the event the Investigation report(s) discloses material Environmental Concerns, an then, within said (60) days from the date hereof, PURCHASER shall provide a copy of its report(s) to SELLER, and SELLER shall have seven (7) days from its receipt of said reports to notify PURCHASER of its intention to bring the Premises into compliance with applicable law, or otherwise cure and remediate the Environmental Audit from time Concerns disclosed in the Investigation report(s). In the event SELLER refuses or fails to time, upon and notify PURCHASER in writing within thirty seven (307) days of Lessorits receipt of said report(s) of its intention to bring the Premises and/or its use into compliance with applicable law, or otherwise cure and remediate the material Environmental Concerns disclosed in said report(s), then, within five (5) days of either PURCHASER's request thereforreceipt of such refusal or the expiration of the time period that SELLER could have confirmed its intention to cure, but no more than once every two (2) calendar yearsPURCHASER shall elect to either terminate this Agreement or proceed to closing and assume all liability and responsibility for bringing the Premises into compliance with applicable law by notifying SELLER of same in writing. Notwithstanding anything herein contained to the contrary, except in the event the cost required under the Investigation report(s) to remediate the material Environmental Concerns is TEN THOUSAND DOLLARS ($10,000.00) or less, then SELLER agrees to contribute, at closing, an amount that is equal to that cost to remediate the material Environmental Concerns. In the event the cost to remediate the material Environmental Concerns exceeds the sum of TEN THOUSAND DOLLARS (i$10,000.00) any construction or excavation ofand SELLER will not agree to contribute an amount greater than TEN THOUSAND DOLLARS ($10,000.00), then PURCHASER shall have the right to either terminate this Agreement and the Related Agreements, or assume all liability and responsibility for bringing the Premises into compliance with applicable law and proceed to closing by notifying SELLER of same, in writing, within seven (7) days of PURCHASER's receipt of SELLER's intention; provided, however, that in the event PURCHASER terminates the Agreement and the Related Agreements, then SELLER shall have the right, but without any obligation, to notify PURCHASER, in writing, within seven (7) days of its receipt of PURCHASER's notice of termination, of its intent to an contribute the amount to fully remediate the material alteration Environmental Concerns. In such event, PURCHASER's termination notice shall be deemed rescinded and the parties shall proceed to closing. In that event, an amount mutually determined by the parties shall be placed in escrow with the ESCROWEE at closing in order to secure SELLER's obligation to remediate any portion outstanding Environmental Concerns subsequent to closing. Said escrow shall be held pursuant to an Environmental Escrow Agreement in form and substance reasonably acceptable to the parties and their respective legal counsel. In the event of termination, the Leased PropertiesESCROWEE is authorized to release the deposit monies paid hereunder and under the Related Agreements to PURCHASER (together with any accrued interest thereon), and this Agreement and the Related Agreements shall be deemed null and void and without further force or effect. Except as otherwise provided herein, in no event shall SELLER be obligated to bring the Premises and/or its use into compliance with applicable law or otherwise remediate the material Environmental Concerns. PURCHASER agrees to indemnify, defend, and hold SELLER harmless from and against any loss, liability, damage or cost or expense resulting from any act or omission by PURCHASER and/or its agents, servants, contractors, employees, or (ii) Lessor reasonably suspects that Contamination of any portion of invitees on the Leased Properties has occurred or been discoveredPremises, in either case Lessor may thereafter request an Environmental Audit. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (a) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting which any of the Leased Properties; (b) a significant change in the condition of any of the Leased Properties has occurred; (c) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Lawsparties may have caused, Lessee shall immediately perform all of Lessee's obligations hereunder with respect to such Hazardous Materials any environmental inspection or noncomplianceaudit as herein provided. A material Environmental Concern shall include an in-ground lift (hydraulic or otherwise) that has leaked.

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of Lessor's request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii ) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's obligations hereunder with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within thirty forty-five (3045) days of Lessor's a written request therefor, but no more than once every two therefor from Lessor (2) calendar years, except or within such shorter timeframe as is reasonable in the event of (i) any construction or excavation ofan emergency), or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee Xxxxxx also shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been material changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee Xxxxxx shall immediately perform all of Lessee's ’s obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's Tenant’s expense, Lessee Tenant shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of Lessor's Landlord’s request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Landlord. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee Tenant shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee Tenant that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee Tenant shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor Landlord shall not be entitled to request an Environmental Audit from Lessee Tenant unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor Landlord has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee Tenant shall immediately perform all of Lessee's Tenant’s obligations hereunder with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within thirty forty-five (3045) days of Lessor's a written request therefor, but no more than once every two therefor from Lessor (2) calendar years, except or within such shorter timeframe as is reasonable in the event of (i) any construction or excavation ofan emergency), or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee Lesxxx xxso shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been material changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall Lesxxx xxall immediately perform all of Lessee's ’s obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At LesseeLessor's expense, Lessee Lessees shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of after the Lessor's written request therefor, but no more provide to Lessor a written certificate or certificates, in form and substance satisfactory to Lessor, from an environmental firm or firms acceptable to Lessor, which states that the Leased Property does not contain any Hazardous Substances other than once every two (2) calendar years, except those Hazardous Substances which in the event reasonable opinion of (i) any construction Lessor will not materially adversely affect either the Primary Intended Use of the Facilities or excavation of, or material alteration to any portion the value of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request an Environmental AuditProperty. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee Lessees shall give the engineer engineers or environmental consultant conducting the Environmental Audit consultants reasonable and complete access to the Leased Properties Property and to all records in the possession of Lessee Lessees that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, under or about and adjacent to any the Leased Property. Lessee Lessees shall also provide the engineer engineers or environmental consultant full access to and the consultants a reasonable opportunity to interview such persons as may be employed in connection with the Leased Properties Property as the engineer engineers or consultant deems consultants deem appropriate. However, Lessor shall not be entitled to request an Environmental Audit such certificate or certificates from Lessee Lessees unless (a) after the Commencement Date there have been any material changes, modifications or additions to any Environmental Laws as applied to or affecting any portion of the Leased PropertiesProperty; (b) a significant change in the condition of any portion of the Leased Properties Property has occurred; or (c) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or an environmental firm discovers any noncompliance with Environmental LawsHazardous Substances, Lessee Lessees shall immediately report such fact to Lessor, and Lessees shall perform all of Lessee's Lessees' other obligations hereunder with respect to such Hazardous Materials or noncomplianceSubstances.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within thirty (30) days of Lessor's a written request therefortherefor from Lessor or any Facility Mortgagee, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor and the Facility Mortgagee, if any. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee Lxxxxx also shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, neither Lessor nor any Facility Mortgagee shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) Lessor has a reasonable belief that there has been a significant change in the condition of any of the Leased Properties has occurredProperties; or (ciii) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee Lxxxxx shall immediately perform all of Lessee's ’s obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.