Common use of Environmental Audit Clause in Contracts

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of Lessor's request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request an Environmental Audit. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (a) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (b) a significant change in the condition of any of the Leased Properties has occurred; (c) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's obligations hereunder with respect to such Hazardous Materials or noncompliance.

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of LessorXxxxxx's request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii ) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee Xxxxxx shall immediately perform all of LesseeXxxxxx's obligations hereunder with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's expense(a) During the period from the date of this Agreement through and including February 17, Lessee 1998 (the "Assessment Period"), the Buyer shall deliver have the right to Lessormake, or cause to be made, an environmental assessment of the operations and physical premises of Compression by the environmental firm of Xxxxxxx Xxxxxx, or another environmental firm selected by Buyer and reasonably acceptable to Seller, and during the Assessment Period, Buyer and its agents may (and Seller agrees to cooperate reasonably with Buyer in this regard) enter and inspect the physical premises and conduct such Phase I or Phase II assessments, tests, examinations, investigations and studies as may be necessary or appropriate in Buyer's judgement to evaluate the environmental condition of Compression's operations and properties now or previously leased (the "Environmental Audit from time Audit"). Prior to timethe Closing Date (or, upon and within thirty (30) days of Lessor's request therefor, but no more than once every two (2) calendar years, except in the event there is no Closing, in perpetuity), Buyer shall keep any data or information acquired through, or any reports or studies derived from, such Environmental Audit strictly confidential and shall not disclose such data, information, reports or studies to any third party except potential lenders, potential equity investors and their respective advisors without the prior written approval of Seller. Buyer shall perform such Environmental Audit at its sole cost and expense. (b) Seller's agreement to grant Buyer access to the physical premises pursuant to this Section 6.8 is subject to the following conditions: (i) Buyer agrees to indemnify and hold harmless Seller, its directors, officers, employees and agents from any construction claims or excavation ofliabilities for the injury or death of persons or damage to property, or material alteration except that damage to any portion of the Leased Properties, or (ii) Lessor reasonably suspects property that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request an Environmental Audit. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit is reasonable and complete access customary in performing Phase II assessments, arising from the exercise of rights granted to the Leased Properties and Buyer pursuant to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (a) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (b) a significant change in the condition of any of the Leased Properties has occurred; (c) there are fewer than six (this Section 6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's obligations hereunder with respect to such Hazardous Materials or noncompliance.

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an (1) Landlord and Tenant acknowledge and agree that Exhibit "H" attached hereto and made a part hereof (the "Environmental Audit from time to time, upon and within thirty Audit") establishes the Base Line Quantities (30) days of Lessor's request therefor, but no more than once every two as hereinafter defined in Section 30(b)(3)). (2) calendar years, except in the event of (i) Without waiving any construction or excavation of, or material alteration to any portion rights of the Leased PropertiesLandlord or Tenant either express or implied with respect to third parties, or all environmental responsibility shall be allocated between Landlord and Tenant as follows: (iiA) Lessor reasonably suspects that Contamination of any portion During the term of the Leased Properties has occurred or been discoveredLease, in either case Lessor may thereafter request an Environmental Audit. All tests and samplings Tenant shall be conducted using generally accepted responsible for any Environmental Condition (as hereinafter defined) of the Premises or Easement Areas to the extent any such Environmental Condition is caused by Tenant's activities and scientifically valid technology as specified in Section 30(b)(3), and (B) Landlord shall be responsible for any Environmental Condition of the Premises and/or for which Tenant is not so responsible, (as stated in 30(b)(3)) such as, for example, but not by way of limitation, migration of contaminants, either subsurface or surface, from other locations to the Premises and/or Easement Areas and/or the presence of Hazardous Substances on the Premises and/or Easement Areas prior to Tenant's occupancy. (3) During the term of the Lease Tenant shall be responsible to investigate and/or remediate any Environmental Condition only if all of the following conditions are true: (A) such Environmental Condition resulted from the operations of Tenant, and methodologies(B) such Environmental Condition is not the result of or product/byproduct of Base Line Quantities or of Landlord's action or inactions on adjacent properties and (C) such investigation and/or remediation is required by applicable law and the governmental agency having jurisdiction over such activity. Lessee shall give "Base Line Quantities" is defined to mean the engineer quantity or environmental consultant conducting condition in existence on the date of this Lease as established by the Environmental Audit reasonable described in Section 30(b)(l) and complete access modified to the Leased Properties and extent required to all records in appropriately reflect any Environmental Condition hereafter reasonably established by Tenant to have existed on the possession date of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall this Lease which were not be entitled to request an Environmental Audit from Lessee unless (a) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (b) a significant change in the condition of any of the Leased Properties has occurred; (c) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If reflected by the Environmental Audit discloses (such as, but not by way of limitation, preexisting quantities of Hazardous Substance, or underground storage tanks discovered during the presence course of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's obligations hereunder with respect to such Hazardous Materials or noncomplianceconstruction activities and contemporaneously verified in a written report by a qualified third party).

Environmental Audit. At LesseeLessor's expense, Lessee Lessees shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of after the Lessor's written request therefor, but no more provide to Lessor a written certificate or certificates, in form and substance satisfactory to Lessor, from an environmental firm or firms acceptable to Lessor, which states that the Leased Property does not contain any Hazardous Substances other than once every two (2) calendar years, except those Hazardous Substances which in the event reasonable opinion of (i) any construction Lessor will not materially adversely affect either the Primary Intended Use of the Facilities or excavation of, or material alteration to any portion the value of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request an Environmental AuditProperty. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee Lessees shall give the engineer engineers or environmental consultant conducting the Environmental Audit consultants reasonable and complete access to the Leased Properties Property and to all records in the possession of Lessee Lessees that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, under or about and adjacent to any the Leased Property. Lessee Lessees shall also provide the engineer engineers or environmental consultant full access to and the consultants a reasonable opportunity to interview such persons as may be employed in connection with the Leased Properties Property as the engineer engineers or consultant deems consultants deem appropriate. However, Lessor shall not be entitled to request an Environmental Audit such certificate or certificates from Lessee Lessees unless (a) after the Commencement Date there have been any material changes, modifications or additions to any Environmental Laws as applied to or affecting any portion of the Leased PropertiesProperty; (b) a significant change in the condition of any portion of the Leased Properties Property has occurred; or (c) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or an environmental firm discovers any noncompliance with Environmental LawsHazardous Substances, Lessee Lessees shall immediately report such fact to Lessor, and Lessees shall perform all of Lessee's Lessees' other obligations hereunder with respect to such Hazardous Materials or noncomplianceSubstances.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within thirty (30) days of Lessor's a written request therefortherefor from Lessor or any Facility Mortgagee, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor and the Facility Mortgagee, if any. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee also shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, neither Lessor nor any Facility Mortgagee shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) Lessor has a reasonable belief that there has been a significant change in the condition of any of the Leased Properties has occurredProperties; or (ciii) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's ’s obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within ------------------- thirty (30) days of Lessor's a written request therefortherefor from Lessor or a Facility Mortgagee, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor and a Facility Mortgagee, if any. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties Property and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any the Leased Property. Lessee also shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties Property as the engineer or consultant deems appropriate. However, neither Lessor nor a Facility Mortgagee shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased PropertiesProperty; (bii ) a significant change in the condition of any of the Leased Properties Property has occurred; (ciii) there are fewer than six (6) months remaining in the Term and Lessor has a reasonable belief that the Contamination has occurred during the Term; or (div) Lessor or a Facility Mortgagee has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's expenseSubject to the other provisions contained in this Section, Lessee Seller shall deliver permit Purchaser or any reasonably qualified environmental consultant designated by Purchaser (the "ENVIRONMENTAL AUDITOR") to Lessorconduct a Phase I environmental audit, an Environmental Audit from time and, if determined by the Purchaser, in its sole discretion, to timebe necessary, upon and within thirty a Phase II environmental audit (30collectively, the "AUDIT") days of Lessor's request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased PropertiesReal Estate prior to Closing. Beginning immediately after the execution hereof, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request an Environmental Audit. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable Auditor shall have full and complete free access to the Leased Properties Real Estate, upon reasonable notice. Purchaser shall pay all fees and expenses of the Environmental Auditor. Purchaser shall have the right to conduct soil borings, install monitoring xxxxx and to all records otherwise test the Leased Real Estate to its sole satisfaction. Purchaser shall have the undisputed and sole right, in its absolute discretion, to terminate this Agreement if the possession of Lessee Audit discloses facts or conditions (i) that may indicate purportedly violate or with substantial likelihood could violate any Applicable Laws or that disclose a material Environmental Condition, (ii) which could reasonably be expected to have a Material Adverse Effect on the presence Seller or Purchaser, or (whether current or pastiii) of a Release or threatened Release of that are inconsistent in any Hazardous Materials on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection material respect with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (a) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any representations and warranties of the Leased Properties; (b) Seller set forth herein. In the event Purchaser receives a significant change in the condition written Audit report(s), and any supplements or amendments thereto, full and complete copies of any of the Leased Properties has occurred; (c) there are fewer than six (6) months remaining in the Term; such Audit report and its supplements or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Lawsamendments, Lessee if any, shall immediately perform all of Lessee's obligations hereunder with respect be promptly provided to such Hazardous Materials or noncomplianceSeller.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within thirty (30) days of Lessor's a written request therefortherefor from Lessor or any Facility Mortgagee, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor and the Facility Mortgagee, if any. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee Lxxxxx also shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, neither Lessor nor any Facility Mortgagee shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) Lessor has a reasonable belief that there has been a significant change in the condition of any of the Leased Properties has occurredProperties; or (ciii) there are fewer than six (6) months remaining in the Term; or (d) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee Lxxxxx shall immediately perform all of Lessee's ’s obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within thirty forty-five (3045) days of Lessor's a written request therefor, but no more than once every two therefor from Lessor (2) calendar years, except or within such shorter timeframe as is reasonable in the event of (i) any construction or excavation ofan emergency), or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee Lesxxx xxso shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been material changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall Lesxxx xxall immediately perform all of Lessee's ’s obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's expense, Lessee shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of Lessor's request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii ) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's obligations hereunder with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to timeshall, upon and within thirty forty-five (3045) days of Lessor's a written request therefor, but no more than once every two therefor from Lessor (2) calendar years, except or within such shorter timeframe as is reasonable in the event of (i) any construction or excavation ofan emergency), or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee Xxxxxx also shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been material changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee Xxxxxx shall immediately perform all of Lessee's ’s obligations hereunder under this Lease with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's ’s expense, Lessee shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of Lessor's ’s request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Lessor. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor shall not be entitled to request an Environmental Audit from Lessee unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii ) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee shall immediately perform all of Lessee's ’s obligations hereunder with respect to such Hazardous Materials Substances or noncompliance.

Environmental Audit. At Lessee's Tenant’s expense, Lessee Tenant shall deliver to Lessor, an Environmental Audit from time to time, upon and within thirty (30) days of Lessor's Landlord’s request therefor, but no more than once every two (2) calendar years, except in the event of (i) any construction or excavation of, or material alteration to any portion of the Leased Properties, or (ii) Lessor reasonably suspects that Contamination of any portion of the Leased Properties has occurred or been discovered, in either case Lessor may thereafter request deliver an Environmental AuditAudit to Landlord. All tests and samplings shall be conducted using generally accepted and scientifically valid technology and methodologies. Lessee Tenant shall give the engineer or environmental consultant conducting the Environmental Audit reasonable and complete access to the Leased Properties and to all records in the possession of Lessee Tenant that may indicate the presence (whether current or past) of a Release or threatened Release of any Hazardous Materials Substances on, in, under, about and adjacent to any Leased Property. Lessee Tenant shall also provide the engineer or environmental consultant full access to and the opportunity to interview such persons as may be employed in connection with the Leased Properties as the engineer or consultant deems appropriate. However, Lessor Landlord shall not be entitled to request an Environmental Audit from Lessee Tenant unless (ai) after the Commencement Date there have been changes, modifications or additions to Environmental Laws as applied to or affecting any of the Leased Properties; (bii) a significant change in the condition of any of the Leased Properties has occurred; (ciii) there are fewer than six (6) months remaining in the Term; or (div) Lessor Landlord has another good reason for requesting such certificate or certificates. If the Environmental Audit discloses the presence of Contamination or any noncompliance with Environmental Laws, Lessee Tenant shall immediately perform all of Lessee's Tenant’s obligations hereunder with respect to such Hazardous Materials Substances or noncompliance.