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.

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.