Common use of Baseline Assessment Clause in Contracts

Baseline Assessment. At Seller’s request, Company shall obtain a Phase I and/or Phase II Environmental Assessment (hereinafter defined), at Seller’s sole cost, revealing the environmental conditions of the Company-Owned Site prior to Seller’s commencement of Construction on the Company-Owned Site (“Baseline Assessment”) and, subject to the confidentiality provisions of Section 7(l) (Confidentiality) of this Attachment X (Company-Owned Site), shall provide Seller with a copy of the results of the Baseline Assessment. Any Hazardous Substances (hereinafter defined) not disclosed in any Baseline Assessment and discovered on the Company-Owned Site after the Effective Date shall be presumed to be present as a result of Seller’s utilization of the Company-Owned Site during the Term, unless Seller shall prove, by clear and convincing proof, that the Hazardous Substances: (i) were present on the Company-Owned Site prior to the Term; (ii) migrated onto the Company-Owned Site as the result of the activities of a third party; or (iii) are present on the Company-Owned Site as the result of Company’s improper actions. (i) For the purposes of this Attachment X (Company-Owned Site): (A) “Phase I Environmental Assessment” means an environmental assessment and report prepared by a qualified environmental professional reasonably acceptable to Company that meets or exceeds the minimum requirements outlined in the then current version of the American Society of Testing and Materials Standard E 1527‑00 (Standard Practice of Environmental Site Assessments: Phase I Environmental Site Assessment Process); and (B) “Phase II Environmental Assessment” means an environmental assessment and report prepared by a qualified environmental professional reasonably acceptable to Company that goes beyond the investigations of a Phase I Environmental Assessment and involves sampling and testing of the Company-Owned Site, including (1) an asbestos survey conducted according to the standards of the Asbestos Hazard Emergency Response Act protocol; (2) testing of any transformers on the Company-Owned Site for PCBs; (3) testing for lead based paints; (4) soil and groundwater sampling to measure the effect of any actual or suspected release or discharge of Hazardous Substances on the Company-Owned Site; and (5) such other sampling and testing reasonably necessary to determine the environmental condition of the Company-Owned Site.

Baseline Assessment. At Seller’s request, Company shall obtain a Phase I and/or Phase II Environmental Assessment (hereinafter defined), at Seller’s sole cost, revealing the environmental conditions of the Company-Owned Site prior to Seller’s commencement of Construction on the Company-Owned Site (“"Baseline Assessment”") and, subject to the confidentiality provisions of Section 7(l) (Confidentiality) of this Attachment X Z (Company-Owned Site), shall provide Seller with a copy of the results of the Baseline Assessment. Any Hazardous Substances (hereinafter defined) not disclosed in any Baseline Assessment and discovered on the Company-Owned Site after the Effective Date shall be presumed to be present as a result of Seller’s utilization of the Company-Owned Site during the Term, unless Seller shall prove, by clear and convincing proof, that the Hazardous Substances: (i) were present on the Company-Owned Site prior to the Term; (ii) migrated onto the Company-Owned Site as the result of the activities of a third party; or (iii) are present on the Company-Owned Site as the result of Company’s improper actions. (i) For the purposes of this Attachment X Z (Company-Owned Site): (A) “"Phase I Environmental Assessment” " means an environmental assessment and report prepared by a qualified environmental professional reasonably acceptable to Company that meets or exceeds the minimum requirements outlined in the then current version of the American Society of Testing and Materials Standard E 1527‑00 (Standard Practice of Environmental Site Assessments: Phase I Environmental Site Assessment Process); and (B) “"Phase II Environmental Assessment” " means an environmental assessment and report prepared by a qualified environmental professional reasonably acceptable to Company that goes beyond the investigations of a Phase I Environmental Assessment and involves sampling and testing of the Company-Owned Site, including (1) an asbestos survey conducted according to the standards of the Asbestos Hazard Emergency Response Act protocol; (2) testing of any transformers on the Company-Owned Site for PCBs; (3) testing for lead based paints; (4) soil and groundwater sampling to measure the effect of any actual or suspected release or discharge of Hazardous Substances on the Company-Owned Site; and (5) such other sampling and testing reasonably necessary to determine the environmental condition of the Company-Owned Site.