Common use of Costs of Investigations Clause in Contracts

Costs of Investigations. All Investigations requested or undertaken by Lender pursuant to this Section shall be at Borrower’s sole cost and expense if, when Lender requests or performs such Investigation, either (i) Lender has a reasonable basis for believing that an Environmental Condition exists on the Site for which Borrower may have any potential liability, either under Environmental Law, or this Agreement, unless the results of the Investigation disclose that an Environmental Condition does not exist, or (ii) an Event of Default has occurred and is continuing. Otherwise, the cost of such Investigation shall be paid by Lender. Borrower shall reimburse Lender for all such costs and expenses for which Borrower is obligated within 20 days of written demand from Lender, accompanied by reasonable evidence of the costs and expenses so incurred.

Costs of Investigations. All Investigations requested or undertaken by Lender pursuant to this Section shall be at BorrowerIndemnitor’s sole cost and expense if, when Lender requests or performs such Investigation, either (i) Lender has a reasonable basis for believing that an Environmental Condition exists on the Site for which Borrower Indemnitor may have any potential liability, either under Environmental Law, or this Agreement, unless the results of the Investigation disclose that an Environmental Condition does not exist, or (ii) an Event of a Default has occurred and is continuing. Otherwise, the cost of such Investigation shall be paid by Lender. Borrower Indemnitor shall reimburse Lender for all such costs and expenses for which Borrower Indemnitor is obligated within 20 days of written demand from Lender, accompanied by reasonable evidence of the costs and expenses so incurred.