Environmental Audits. If Mortgagee shall have reason to believe that Hazardous Waste has been discharged on the Premises, Mortgagee shall have the right, in its sole discretion, to require Mortgagor to perform periodically to Mortgagee's satisfaction (but not more frequently than annually unless an Environmental Complaint shall be then outstanding), at Mortgagor's expense, an environmental audit and, if deemed necessary by Mortgagee, an environmental risk assessment of: (i) the Premises; (ii) hazardous waste management practices and/or (iii) Hazardous Waste disposal sites used by Mortgagor. Said audit and/or risk assessment must be by an environmental consultant satisfactory to Mortgagee. Should Mortgagor fail to perform any such environmental audit or risk assessment within thirty (30) days after Mortgagee's request, Mortgagee shall have the right to retain an environmental consultant to perform such environmental audit or risk assessment. All costs and expenses incurred by Mortgagee in the exercise of such rights shall be secured by this Mortgage and shall be payable by Mortgagor upon demand.
Appears in 3 contracts
Samples: Balloon Mortgage (Korth Direct Mortgage LLC), Balloon Mortgage Agreement (Korth Direct Mortgage LLC), Florida Real Estate Mortgage, Assignment of Leases and Rents and Security Agreement (Petmed Express Inc)
Environmental Audits. If Mortgagee Landlord shall have good reason to believe that Hazardous Waste has been discharged on the PremisesPremises by Tenant, Mortgagee its employees or licensees, Landlord shall have the right, in its sole discretion, to require Mortgagor Tenant to perform periodically to MortgageeLandlord's satisfaction (but not more frequently than annually unless an Environmental Complaint shall be then outstanding), at MortgagorTenant's expense, an environmental audit and, if deemed necessary by MortgageeLandlord, an environmental risk assessment of: (ia) the Premises; (iib) hazardous waste Hazardous Waste management practices and/or (iiic) Hazardous Waste disposal sites used by MortgagorTenant. Said audit and/or risk assessment must be by an environmental consultant reasonably satisfactory to MortgageeLandlord. Should Mortgagor Tenant fail to perform any such environmental audit or risk assessment within thirty (30) days after MortgageeLandlord's request, Mortgagee Landlord shall have the right to retain an environmental consultant to perform such environmental audit or risk assessment. All costs and expenses incurred by Mortgagee Landlord in the exercise of such rights shall be secured by this Mortgage Lease and shall be payable by Mortgagor Tenant upon demanddemand as Other Rent.
Appears in 2 contracts
Samples: Office Lease (Colonial Direct Financial Group Inc), Office Lease (Vfinance Inc)
Environmental Audits. If Mortgagee shall have reason to believe that Hazardous Waste has been discharged on the Premises, Mortgagee shall have the right, in its sole discretion, to require Mortgagor to perform periodically to Mortgagee's satisfaction (but not more frequently than annually unless an Environmental Complaint shall be then outstanding), at Mortgagor's expense, an environmental audit and, if deemed necessary by Mortgagee, an environmental risk assessment of: (i) the Premises; (ii) hazardous waste management practices and/or (iii) Hazardous Waste disposal sites used by Mortgagor. Said audit and/or risk assessment must be by an environmental consultant satisfactory to Mortgagee. Should Mortgagor fail to perform perfoiiii any such environmental audit or risk assessment within thirty (30) days after Mortgagee's request, Mortgagee shall have the right to retain an environmental consultant to perform such environmental audit or risk assessment. All costs and expenses incurred by Mortgagee in the exercise of such rights shall be secured by this Mortgage and shall be payable by Mortgagor upon demand.. g.
Appears in 1 contract
Samples: Balloon Mortgage Agreement (Korth Direct Mortgage LLC)