Common use of Communications Regarding Environmental Matters Clause in Contracts

Communications Regarding Environmental Matters. (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI herein or in any of the other Operative Documents concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant facts, (ii) any Remedial Work (or change in Remedial Work) required or undertaken by NAI or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii) any discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv) any investigation or inquiry known to NAI of any failure or alleged failure by NAI to comply with Environmental Laws affecting the Property by any Governmental Authority responsible for enforcing Environmental Laws. In such event, NAI will deliver to BNPPLC within thirty days after BNPPLC’s request, a preliminary written environmental plan setting forth a general description of the action that NAI proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC may reasonably request. (2) NAI will provide BNPPLC and Participants with copies of all material written communications with Governmental Authorities relating to the matters listed in the preceding clause (1). NAI will also provide BNPPLC and Participants with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI to maintain or operate the Property in accordance with Environmental Laws. (3) Prior to NAI’s submission of a communication to any regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Work, NAI must, to the extent practicable, deliver to BNPPLC and Participants a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC regarding the same. Promptly after BNPPLC’s request, NAI will meet with BNPPLC to discuss the submission, will provide any additional information reasonably requested by BNPPLC and will provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submission.

Communications Regarding Environmental Matters. (1) NAI LRC must promptly advise BNPPLC and Participants of (i) any discovery known to NAI LRC of any event or circumstance which would render any of the representations of NAI herein or LRC in any of the other Operative Documents concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant factsdiscovery, (ii) any Remedial Work (or change in Remedial Work) required or undertaken by NAI LRC or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii) any discovery known to NAI LRC of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv) any investigation or inquiry known to NAI LRC of any failure or alleged failure by NAI LRC to comply with Environmental Laws affecting the Property by any Governmental Authority responsible for enforcing Environmental Laws. In such event, NAI LRC will deliver to BNPPLC within thirty days after BNPPLC’s request, a preliminary written environmental plan setting forth a general description of the action that NAI LRC proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI LRC of this Paragraph 87, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC may reasonably request. (2) NAI LRC will provide BNPPLC and Participants with copies of all material written communications with Governmental Authorities relating to the matters listed in the preceding clause (1). NAI LRC will also provide BNPPLC and Participants with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI LRC to maintain or operate the Property in accordance with Environmental Laws. (3) Prior to NAILRC’s submission of a communication to any regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Work, NAI LRC must, to the extent practicable, deliver to BNPPLC and Participants a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC regarding the same. Promptly after BNPPLC’s request, NAI LRC will meet with BNPPLC to discuss the submission, will provide any additional information reasonably requested by BNPPLC and will provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submission.

Communications Regarding Environmental Matters. (1) NAI ChoicePoint must promptly advise BNPPLC and Participants of (i) any discovery known to NAI ChoicePoint of any event or circumstance which would render any of the representations of NAI ChoicePoint herein or in any of the other Operative Documents concerning environmental matters materially inaccurate or misleading in any material respect if made at the time of such discovery and assuming that NAI ChoicePoint was aware of all relevant facts, (ii) any Remedial Work (or change in Remedial Work) required or undertaken by NAI ChoicePoint or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii) any discovery known to NAI a Responsible Financial Officer of ChoicePoint of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv) any investigation or inquiry known to NAI a Responsible Financial Officer of ChoicePoint of any failure or alleged failure by NAI ChoicePoint to comply with Environmental Laws affecting the Property by any Governmental Authority responsible for enforcing Environmental Laws. In such event, NAI ChoicePoint will deliver to BNPPLC within thirty days after BNPPLC’s request, a preliminary written environmental plan setting forth a general description of the action that NAI ChoicePoint proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI ChoicePoint of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contractor’s contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC may reasonably request. (2) NAI ChoicePoint will provide BNPPLC and Participants with copies of all material written communications with Governmental Authorities relating to the matters listed in the preceding clause (1). NAI ChoicePoint will also provide BNPPLC and Participants with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI ChoicePoint to maintain or operate the Property in accordance with Environmental Laws. (3) Prior to NAIChoicePoint’s submission of a communication to any regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Work, NAI ChoicePoint must, to the extent practicable, deliver to BNPPLC and Participants a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC regarding the same. Promptly after BNPPLC’s request, NAI ChoicePoint will meet with BNPPLC to discuss the submission, will provide any additional information reasonably requested by BNPPLC and will provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submission.

Communications Regarding Environmental Matters. (i) NAI shall immediately advise BNPLC of (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any NAI's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request, a preliminary written environmental plan setting forth a general description of the action that NAI proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will shall provide BNPPLC and Participants BNPLC with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will shall also provide BNPPLC and Participants BNPLC with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI to maintain or operate the Property in accordance with Environmental Laws. (3iii) Prior to NAI’s 's submission of a communication Material Environmental Communication to any governmental or regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Workparty, NAI mustshall, to the extent practicable, deliver to BNPPLC and Participants BNPLC a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC BNPLC regarding the same. Promptly after BNPPLC’s BNPLC's request, NAI will shall meet with BNPPLC BNPLC to discuss the submission, will shall provide any additional information reasonably requested by BNPPLC BNPLC and will shall provide a written explanation to BNPPLC BNPLC addressing the issues raised by comments (if any) of BNPPLC BNPLC regarding the submission, including a reasoned analysis supporting any decision by NAI not to modify the submission in accordance with comments of BNPLC.

Communications Regarding Environmental Matters. (i) Xxxx shall immediately advise BNPPLC of (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI Xxxx herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI Xxxx was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI Xxxx or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any Xxxx'x discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI Xxxx to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. For purposes of the foregoing sentence, the term "discovery" shall be deemed to mean actual knowledge by an officer of Xxxx or by a manager of the facility located on the Property. In such event, NAI will Xxxx shall deliver to BNPPLC within thirty sixty days after BNPPLC’s 's request, a preliminary written environmental plan setting forth a general description of the action that NAI Xxxx proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI Xxxx of this Paragraph 8Paragraph, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC may reasonably request. (2i) NAI will Xxxx shall provide BNPPLC and Participants with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will Xxxx shall also provide BNPPLC and Participants with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI Xxxx to maintain or operate the Property in accordance with Environmental Laws. . BNPPLC shall use reasonable efforts to not to disclose to third parties the information described in this clause (3ii); provided, however, that (A) Prior BNPPLC may disclose such information (A) to NAI’s submission of its directors, officers, employees, and agents, (B) in response to a communication to any regulatory agency legal process or third party which causesas otherwise required by law, rule, regulation, or potentially could cause judicial or administrative request or order, (whether by implementation of C) if such information becomes publicly available or response to said communication)known through sources other than BNPPLC, a material change and (D) as BNPPLC believes necessary, in the scopeexercise of its reasonable business judgement, duration, or nature of in connection with any Remedial Work, NAI must, efforts by BNPPLC to protect the extent practicable, deliver to BNPPLC and Participants a draft value of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC regarding the same. Promptly after BNPPLC’s request, NAI will meet with BNPPLC to discuss the submission, will provide any additional information reasonably requested by BNPPLC and will provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submissionProperty.

Communications Regarding Environmental Matters. (i) NAI shall immediately advise BNPLC of (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any NAI's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request, a preliminary written environmental plan setting forth a general description of the action that NAI proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will shall provide BNPPLC and Participants BNPLC with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will shall also provide BNPPLC and Participants BNPLC with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI to maintain or operate the Property in accordance with Environmental Laws. (3iii) Prior to NAI’s 's submission of a communication Material Environmental Communication to any governmental or regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Workparty, NAI mustshall, to the extent practicable, deliver to BNPPLC and Participants BNPLC a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC BNPLC regarding the same. Promptly after BNPPLC’s request, NAI will meet with BNPPLC to discuss the submission, will provide any additional information reasonably requested by BNPPLC and will provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submission.the

Communications Regarding Environmental Matters. (1i) NAI must promptly Solectron shall immediately advise BNPPLC BNPLC and Participants of (i1) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI Solectron herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI Solectron was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI Solectron or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any Solectron's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI Solectron to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will Solectron shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request (or such longer period as may be reasonably required, but in any event within ninety days after BNPLC's request), a preliminary written environmental plan setting forth a general description of the action that NAI Solectron proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI Solectron of this Paragraph 89, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will Solectron shall provide BNPPLC BNPLC and Participants with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will Solectron shall also provide BNPPLC BNPLC and Participants with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI Solectron to maintain or operate the Property in accordance with Environmental Laws. (3iii) Prior to NAI’s Solectron's submission of a communication Material Environmental Communication to any governmental or regulatory agency or third party which causesparty, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Work, NAI mustSolectron shall, to the extent practicable, deliver to BNPPLC BNPLC and Participants a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC BNPLC regarding the same. Promptly after BNPPLC’s BNPLC's request, NAI will Solectron shall meet with BNPPLC BNPLC to discuss the submission, will shall provide any additional information reasonably requested by BNPPLC BNPLC and will shall provide a written explanation to BNPPLC BNPLC addressing the issues raised by comments (if any) of BNPPLC BNPLC regarding the submission, including a reasoned analysis supporting any decision by Solectron not to modify the submission in accordance with comments of BNPLC.

Communications Regarding Environmental Matters. (1i) NAI must promptly Electroglas shall immediately advise BNPPLC BNPLC and Participants of (i1) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI Electroglas herein or in any of the other Operative Documents concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI Electroglas was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI Electroglas or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any Electroglas' discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI Electroglas to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will Electroglas shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request (or such longer period as may be reasonably required, but in any event within ninety days after BNPLC's request), a preliminary written environmental plan setting forth a general description of the action that NAI Electroglas proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI Electroglas of this Paragraph 80, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will Electroglas shall provide BNPPLC BNPLC and Participants with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will Electroglas shall also provide BNPPLC BNPLC and Participants with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI Electroglas to maintain or operate the Property in accordance with Environmental Laws. (3iii) Prior to NAI’s Electroglas' submission of a communication Material Environmental Communication to any governmental or regulatory agency or third party which causesparty, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Work, NAI mustElectroglas shall, to the extent practicable, deliver to BNPPLC BNPLC and Participants a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC BNPLC regarding the same. Promptly after BNPPLC’s BNPLC's request, NAI will Electroglas shall meet with BNPPLC BNPLC to discuss the submission, will shall provide any additional information reasonably requested by BNPPLC BNPLC and will shall provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submission.written

Communications Regarding Environmental Matters. (i) NAI shall immediately advise BNPLC of (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any NAI's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request, a preliminary written environmental plan setting forth a general description of the action that NAI proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will shall provide BNPPLC and Participants BNPLC with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will shall also provide BNPPLC and Participants BNPLC with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI to maintain or operate the Property in accordance with Environmental Laws. (3) Prior to NAI’s submission of a communication to any regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Work, NAI must, to the extent practicable, deliver to BNPPLC and Participants a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC regarding the same. Promptly after BNPPLC’s request, NAI will meet with BNPPLC to discuss the submission, will provide any additional information reasonably requested by BNPPLC and will provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submission.of

Communications Regarding Environmental Matters. (i) NAI shall immediately advise BNPLC of (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any NAI's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request, a preliminary written environmental plan setting forth a general description of the action that NAI proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will shall provide BNPPLC and Participants BNPLC with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will shall also provide BNPPLC and Participants BNPLC with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI to maintain or operate the Property in accordance with Environmental Laws. (3iii) Prior to NAI’s 's submission of a communication Material Environmental Communication to any governmental or regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Workparty, NAI mustshall, to the extent practicable, deliver to BNPPLC and Participants BNPLC a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC regarding the same. Promptly after BNPPLC’s request, NAI will meet with BNPPLC to discuss the submission, will provide any additional information reasonably requested by BNPPLC and will provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submission.BNPLC

Communications Regarding Environmental Matters. (i) NAI shall immediately advise BNPLC of (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any NAI's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request, a preliminary written environmental plan setting forth a general description of the action that NAI proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will shall provide BNPPLC and Participants BNPLC with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause clause (1). i) NAI will shall also provide BNPPLC and Participants BNPLC with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI to maintain or operate the Property in accordance with Environmental Laws. (3iii) Prior to NAI’s 's submission of a communication Material Environmental Communication to any governmental or regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Workparty, NAI mustshall, to the extent practicable, deliver to BNPPLC and Participants BNPLC a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC BNPLC regarding the same. Promptly after BNPPLC’s BNPLC's request, NAI will shall meet with BNPPLC BNPLC to discuss the submission, will shall provide any additional information reasonably requested by BNPPLC BNPLC and will shall provide a written explanation to BNPPLC BNPLC addressing the issues raised by comments (if any) of BNPPLC BNPLC regarding the submission, including a reasoned analysis supporting any decision by NAI not to modify the submission in accordance with comments of BNPLC.

Communications Regarding Environmental Matters. (i) NAI shall immediately advise BNPLC of (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any NAI's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI XXX to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request, a preliminary written environmental plan setting forth a general description of the action that NAI proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will shall provide BNPPLC and Participants BNPLC with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will shall also provide BNPPLC and Participants BNPLC with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI to maintain or operate the Property in accordance with Environmental Laws. (3iii) Prior to NAI’s XXX's submission of a communication Material Environmental Communication to any governmental or regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Workparty, NAI mustshall, to the extent practicable, deliver to BNPPLC and Participants BNPLC a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC BNPLC regarding the same. Promptly after BNPPLC’s BNPLC's request, NAI will shall meet with BNPPLC BNPLC to discuss the submission, will shall provide any additional information reasonably requested by BNPPLC BNPLC and will shall provide a written explanation to BNPPLC BNPLC addressing the issues raised by comments (if any) of BNPPLC BNPLC regarding the submission, including a reasoned analysis supporting any decision by XXX not to modify the submission in accordance with comments of BNPLC.

Communications Regarding Environmental Matters. (1i) NAI must promptly SGC shall immediately advise BNPPLC BNPLC and Participants of (i1) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI SGC herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI SGC was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI SGC or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any SGC's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI SGC to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will SGC shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request (or such longer period as may be reasonably required, but in any event within ninety days after BNPLC's request), a preliminary written environmental plan setting forth a general description of the action that NAI SGC proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI SGC of this Paragraph 89, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will SGC shall provide BNPPLC BNPLC and Participants with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will SGC shall also provide BNPPLC BNPLC and Participants with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI SGC to maintain or operate the Property in accordance with Environmental Laws. (3iii) Prior to NAI’s SGC's submission of a communication Material Environmental Communication which relates to the matters listed in the preceding clause (i) to any governmental or regulatory agency or third party which causesparty, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Work, NAI mustSGC shall, to the extent practicable, deliver to BNPPLC BNPLC and Participants a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC BNPLC regarding the same. Promptly after BNPPLC’s BNPLC's request, NAI will SGC shall meet with BNPPLC BNPLC to discuss the submission, will shall provide any additional information reasonably requested by BNPPLC BNPLC and will shall provide a written explanation to BNPPLC BNPLC addressing the issues raised by comments (if any) of BNPPLC BNPLC regarding the submission, including a reasoned analysis supporting any decision by SGC not to modify the submission in accordance with comments of BNPLC.

Communications Regarding Environmental Matters. (i) NAI shall immediately advise BNPLC of (1) NAI must promptly advise BNPPLC and Participants of (i) any discovery known to NAI of any event or circumstance which would render any of the representations of NAI herein or in any of the other Operative Documents Closing Certificate concerning environmental matters materially inaccurate or misleading if made at the time of such discovery and assuming that NAI was aware of all relevant facts, (ii2) any Remedial Work (or change in Remedial Work) required or undertaken by NAI or its Affiliates in response to any (A) discovery of any Hazardous Substances on, under or about the Property other than Permitted Hazardous Substances or (B) any claim for damages resulting from Hazardous Substance Activities, (iii3) any NAI's discovery known to NAI of any occurrence or condition on any real property adjoining or in the vicinity of the Property which would or could reasonably be expected to cause the Property or any part thereof to be subject to any ownership, occupancy, transferability or use restrictions under Environmental Laws, or (iv4) any investigation or inquiry known to NAI of any failure or alleged failure by NAI to comply with Environmental Laws affecting the Property by any Governmental Authority governmental authority responsible for enforcing Environmental Laws. In such event, NAI will shall deliver to BNPPLC BNPLC within thirty days after BNPPLC’s BNPLC's request, a preliminary written environmental plan setting forth a general description of the action that NAI proposes to take with respect thereto, if any, to bring the Property into compliance with Environmental Laws or to correct any breach by NAI of this Paragraph 8, including any proposed Remedial Work, the estimated cost and time of completion, the name of the contractor and a copy of the construction contract, if any, and such additional data, instruments, documents, agreements or other materials or information as BNPPLC BNPLC may reasonably request. (2ii) NAI will shall provide BNPPLC and Participants BNPLC with copies of all material written communications with Governmental Authorities federal, state and local governments, or agencies relating to the matters listed in the preceding clause (1i). NAI will shall also provide BNPPLC and Participants BNPLC with copies of any correspondence from third Persons which threaten litigation over any significant failure or alleged significant failure of NAI to maintain or operate the Property in accordance with Environmental Laws. (3) Prior to NAI’s submission of a communication to any regulatory agency or third party which causes, or potentially could cause (whether by implementation of or response to said communication), a material change in the scope, duration, or nature of any Remedial Work, NAI must, to the extent practicable, deliver to BNPPLC and Participants a draft of the proposed submission (together with the proposed date of submission), and in good faith assess and consider any comments of BNPPLC regarding the same. Promptly after BNPPLC’s request, NAI will meet with BNPPLC to discuss the submission, will provide any additional information reasonably requested by BNPPLC and will provide a written explanation to BNPPLC addressing the issues raised by comments (if any) of BNPPLC regarding the submission.