Common use of Condition on Expiration or Termination Clause in Contracts

Condition on Expiration or Termination. Prior to the expiration or termination of the Sublease Agreement in accordance with this subsection, Tenant shall remove and properly dispose of any Hazardous Substances that have come to be located on or about the Premises as a result of Tenant’s occupancy, use and activities on or about the Premises or the Project, and Tenant shall restore the Premises and other affected areas to the same or better condition, character and quality as before Tenant’s occupancy, ordinary wear and tear excepted. At least one month before expiration of the Sublease Term, Tenant at its sole cost shall retain a duly licensed environmental consultant acceptable to Landlord to perform a Phase I environmental assessment (which shall, at a minimum, comply with ASTM No. E 1527-97 or such other standards and contain such information as Landlord may require) of the Premises. Based on that assessment, Tenant shall formulate a plan for any further testing and for the removal and proper disposal of any Hazardous Substances on or about the Premises that have come to be located on or about the Premises or the Project as a result of Tenant’s occupancy, use or activities, and for the restoration of all land, improvements and other affected areas in the same or better condition, character and quality as before Tenant’s occupancy, ordinary wear and tear excepted. The plan shall be accompanied by a schedule for completing the activities described in the plan before the end of the Sublease Term. Tenant shall submit the plan to Landlord at least three months before expiration of the Sublease Term and, upon approval by Landlord, Tenant, at its sole cost, shall implement the approved plan. The completion of the plan shall be confirmed in writing by Tenant’s environmental consultant. If Tenant fails to do any of the above, Landlord shall have the right (but not the obligation) to do so, in accordance with Section 16.5. Tenant shall take all steps necessary to terminate, close or transfer all environmental Permits held in Tenant’s name in accordance with all Environmental Laws, and shall provide Landlord with satisfactory written evidence that each such termination, closure or transfer has been completed.

Condition on Expiration or Termination. Prior to the expiration or termination of the Sublease Agreement in accordance with this subsection, Tenant shall remove and -------------------------------------- properly dispose of any Hazardous Substances that have come to be located brought on or about the Premises as a result of Tenant’s occupancyand the Land by Tenant or its subtenants or their respective agents, use and activities employees, contractors or invitees on or about after the respective dates that Landlord delivers possession of the Premises or the Projectat 000 Xxxxxxxxx Xxxxx and 000 Xxxxxxxxx Xxxxx to Tenant, and Tenant shall restore the Premises Premises, the Land and other affected areas so that the same are in compliance with all Environmental Laws. In addition, Tenant shall repair any damage to the same or better conditionPremises and/or the Land caused by the removal of any such Hazardous Substances including, character without limitation. Patching and quality repaving of parking areas as before Tenant’s occupancy, ordinary wear and tear exceptednecessary. At least one month five months before the expiration of the Sublease Term, Term Tenant at its sole cost shall retain a duly licensed environmental consultant acceptable to Landlord to perform a Phase I environmental assessment (which shall, at a minimum, comply with ASTM No. E 1527-97 or such other standards and contain such information as Landlord may require) of the PremisesPremises and the Land if Landlord reasonably suspects that any Hazardous Substances are present in. on or under the Premises or the Land and that the presence of such Hazardous Substances is a result of the activities of Tenant or its subtenants or their respective agents, employees, contractors or invitees on or after the respective dates that Landlord delivers possession of the Premises at 000 Xxxxxxxxx Xxxxx and 000 Xxxxxxxxx Xxxxx to Tenant. Based on that assessment, Tenant shall formulate a plan for any further testing and for the removal and proper disposal of any Hazardous Substances generated, used, stored, treated, processed, handled or Released on or about the Premises that have come to be located and the Land by Tenant or its subtenants or their respective agents, employees, contractors or invitees on or about after the respective dates that Landlord delivers possession of the Premises or the Project as a result of at 000 Xxxxxxxxx Xxxxx and 000 Xxxxxxxxx Xxxxx to Tenant’s occupancy, use or activities, and for the restoration of all land, improvements and other affected areas in the same or better conditioncompliance with all Environmental Laws, character and quality as before Tenant’s occupancy, ordinary wear and tear excepted. The plan shall be accompanied by together with a schedule for completing the activities described in the such plan before the end of the Sublease Term. Tenant shall submit the plan to Landlord at least three months before expiration of the Sublease Term and, upon approval by Landlord, Tenant, Tenant at its sole cost, cost shall implement the approved plan. The completion of the plan shall be confirmed in writing by Tenant’s the environmental consultant. If Tenant fails to do any of the above, above Landlord shall have the right (but not the obligation) to do so, in accordance with Section 16.537(G). Tenant also shall take all steps reasonably necessary to terminate, close or transfer all environmental Permits held in Tenant’s name permits, licenses, entitlements and other approvals in accordance with all Environmental Laws, and shall provide Landlord with satisfactory written evidence that each such termination, closure or transfer has been completed.