Common use of Environmental Inspection Clause in Contracts

Environmental Inspection. If Landlord reasonably believes the Premises to be in violation of applicable Environmental Laws, then (a) Landlord shall have the right, from time to time, and upon not less than five (5) days’ written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Premises and all Capital Additions to determine the existence or presence of Hazardous Substances on or about the Premises or any such Capital Additions; (b) Landlord shall have the right to enter and inspect the Premises and all Capital Additions, conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect materials brought into the Premises or any such Capital Additions; (c) Landlord may retain such experts as it deems necessary or desirable to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith; and (d) all costs and expenses incurred by Landlord under this Section shall be paid on demand as Additional Charges by Tenant to Landlord. Notwithstanding the foregoing, in no event shall any of representative of Landlord be permitted to enter into any rooms in which patients are present or enter into any area of the Hospitals that Tenant or Subtenants reasonably designates as a secured area, including, without limitation, the pharmacy unless escorted by a representative of Tenant or Subtenants. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s tenancy. Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Lease. The obligations set forth in this Section shall survive the expiration or earlier termination of the Lease.

Appears in 2 contracts

Samples: Lease (Global Medical REIT Inc.), Purchase Agreement (Global Medical REIT Inc.)

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Environmental Inspection. If Landlord reasonably believes the Premises to be in violation of applicable Environmental Laws, then (a) Landlord shall have the right, from time to time, and upon not less than five (5) days’ written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Premises and all Capital Additions to determine the existence or presence of Hazardous Substances on or about the Premises or any such Capital Capital. Additions; (b) Landlord shall have the right to enter and inspect the Premises and all Capital Additions, conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect materials brought into the Premises or any such Capital Additions; (c) Landlord may retain such experts as it deems necessary or desirable to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith; and (d) all costs and expenses incurred by Landlord under this Section shall be paid on demand as Additional Charges by Tenant to Landlord. Notwithstanding the foregoing, in no event shall any of representative of Landlord be permitted to enter into any rooms in which patients are present or enter into any area of the Hospitals that Tenant or Subtenants reasonably designates as a secured area, including, without limitation, the pharmacy unless escorted by a representative of Tenant or Subtenants. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s tenancy. Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Lease. The obligations set forth in this Section shall survive the expiration or earlier termination of the Lease.

Appears in 2 contracts

Samples: Lease (Global Medical REIT Inc.), Lease (First Choice Healthcare Solutions, Inc.)

Environmental Inspection. If Landlord reasonably believes the Premises to be in violation of applicable Environmental Laws, then (a) Landlord shall have the right, from time to time, and upon not less than five (5) days’ written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Premises and all Capital Additions to determine the existence or presence of Hazardous Substances on or about the Premises or any such Capital Additions; (b) Landlord shall have the right to enter and inspect the Premises and all Capital Additions, conduct any testing, sampling and analyses it deems reasonably necessary and shall have the right to inspect materials brought into the Premises or any such Capital Additions; (c) Landlord may retain such experts as it deems reasonably necessary or desirable to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith; and (d) all costs and expenses incurred by Landlord under this Section shall be paid on demand as Additional Charges by Tenant to Landlord. Notwithstanding the foregoing, in no event shall any of representative of Landlord be permitted to enter into any rooms in which patients are present or enter into any area of the Hospitals that Tenant or Subtenants reasonably designates as a secured area, including, without limitation, the pharmacy unless escorted by a representative of Tenant or Subtenants. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s tenancy. Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Lease. The obligations set forth in this Section shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease (Global Medical REIT Inc.)

Environmental Inspection. If Landlord reasonably believes the Premises to be in violation of applicable Environmental Laws, then (a) Landlord shall have the right, from time to time, and upon not less than five (5) daysBusiness Days’ written notice to Tenant, except in the case of an emergency emergency, in which event no notice shall be required, to conduct an inspection of the Premises and all Capital Additions any Leased Property as may reasonably be necessary to determine the existence or presence of Hazardous Substances on at, in, on, under or about any Leased Property in violation of any applicable Environmental Laws or the Premises or existence at any such Capital Additions; (b) Leased Property of any violation of any applicable Environmental Laws. Landlord shall have the right to enter and inspect the Premises any Leased Property and all Capital Additions, to conduct any testing, sampling and analyses it deems reasonably necessary and shall further have the right to inspect materials brought into the Premises or any such Capital Additions; (c) Leased Property. Landlord may may, in its reasonable discretion, retain such experts as it deems necessary or desirable to conduct the inspectioninspections, or perform the tests tests, referred to herein, and to prepare a written report in connection therewith; . Landlord shall have the right to inspect the Leased Properties with regard to the management and (d) disposal of Hazardous Substances at all reasonable times during the Term. All reasonable costs and expenses incurred by Landlord under this Section 36.4 shall be paid on demand as Additional Charges by Tenant and shall be deemed to Landlord. Notwithstanding constitute Consent Expenses (i) if such tests or inspections are done after the foregoing, in no event shall any of representative of Landlord be permitted to enter into any rooms in which patients are present or enter into any area start of the Hospitals that Tenant last year of the Term and are in preparation for the Term expiring, (ii) if such costs or Subtenants reasonably designates as expenses are incurred in connection with or during the continuance of an Event of Default, (iii) if there is any remediation of Hazardous Substances ongoing or necessary at or about any Leased Premises or (iv) Landlord had a secured areagood faith reason to perform such tests or inspections, including, including without limitation, the pharmacy unless escorted by a representative of Tenant or Subtenants. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release receipt of any liability for environmental conditions subsequently determined to notice indicating there may be associated with or to have occurred during Tenant’s tenancy. Tenant shall remain liable for Hazardous Substances present at any environmental condition related to or having occurred during its tenancy regardless Leased Premises in violation of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Lease. The obligations set forth in this Section shall survive the expiration or earlier termination of the Leaseapplicable Environmental Law.

Appears in 1 contract

Samples: Master Lease Agreement (Assisted Living Concepts Inc)

Environmental Inspection. If Landlord reasonably believes the Premises to be in violation of applicable Environmental Laws, then (a) Landlord Lessor shall have the right, from time to time, during normal business hours and upon not less than five (5) days’ days written notice to TenantLessee, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Premises and all Capital Additions Leased Property to determine the existence or presence of Hazardous Substances on or about the Premises or any such Capital Additions; (b) Landlord Leased Property. Lessor shall have the right to enter and inspect the Premises and all Capital AdditionsLeased Property, conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect materials brought into the Premises or any such Capital Additions; (c) Landlord may Leased Property. Lessor may, in its discretion, retain such experts as it deems necessary or desirable expense to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith; and (d) all . All costs and expenses incurred by Landlord Lessor under this Section shall be paid on demand as Additional Charges by Tenant Lessee to Landlord. Notwithstanding the foregoing, in no event shall any of representative of Landlord be permitted to enter into any rooms in which patients are present or enter into any area of the Hospitals that Tenant or Subtenants reasonably designates as a secured area, including, without limitation, the pharmacy unless escorted by a representative of Tenant or SubtenantsLessor. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s Lessee's tenancy. Tenant Lessee shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord Lessor conducts an environmental inspection at the termination of this the Lease. The obligations set forth in this Section Article shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

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Environmental Inspection. If Landlord reasonably believes the Premises to be in violation of applicable Environmental Laws, then (a) Landlord Lessor shall have the right, from time to time, and upon not less than five (5) days' written notice to TenantLessee, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Premises Leased Property and all Capital Additions to determine the existence or presence of Hazardous Substances on or about the Premises Leased Property or any such Capital Additions; (b) Landlord . Lessor shall have the right to enter and inspect the Premises Leased Property and all Capital Additions, conduct any testing, sampling and analyses it deems reasonably necessary and shall have the right to inspect materials brought into the Premises Leased Property or any such Capital Additions; (c) Landlord may . Lessor may, in its discretion, retain such experts as it deems necessary or desirable to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith; and (d) . In the event that any such inspections detect unfavorable conditions relating to Hazardous Substances for which Lessee is responsible under this Lease, then all costs and expenses incurred by Landlord Lessor under this Section shall be paid on demand as Additional Charges by Tenant Lessee to Landlord. Notwithstanding the foregoing, in no event shall any of representative of Landlord be permitted to enter into any rooms in which patients are present or enter into any area of the Hospitals that Tenant or Subtenants reasonably designates as a secured area, including, without limitation, the pharmacy unless escorted by a representative of Tenant or SubtenantsLessor. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s Lessee's tenancy. Tenant Lessee shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord Lessor conducts an environmental inspection at the termination of this Lease. The obligations set forth in this Section Article shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease (Centennial Healthcare Corp)

Environmental Inspection. If Tenant shall, if reasonably required by Landlord reasonably believes on account of the Premises activities or suspected activities of Tenant or Tenant's agents, retain a recognized environmental consultant (the "Consultant") acceptable to be in violation of applicable Environmental Laws, then (a) Landlord shall have the right, from time to time, and upon not less than five (5) days’ written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection investigation of the Premises and of other portions of the Project deemed appropriate by Landlord ("Environmental Assessment") (i) for Hazardous Materials contamination in, about or beneath the Premises, the Building or the Project as a result of such activities, and (ii) to assess all Capital Additions Environmental Activities of Tenant and Tenant's Agents on the Premiss or the Project for compliance with all applicable laws, ordinances and regulations and for the use of procedures intended to determine reasonably reduce the existence or risk of a release of Hazardous Materials. The Environmental Assessment shall be performed in a manner reasonably calculated to discover the presence of Hazardous Substances on or about the Premises or any such Capital Additions; (b) Landlord shall have the right to enter and inspect the Premises and all Capital Additions, conduct any testing, sampling and analyses it deems necessary Materials contamination and shall have be of a scope and intensity reflective of the right to inspect materials brought into the Premises or any such Capital Additions; (c) Landlord may retain such experts as it deems necessary or desirable to conduct the inspection, perform the tests referred to herein, and to prepare a written report general standards of professional environmental consultants who regularly provide environmental assessment services in connection therewith; with the transfer or leasing of real property. Additionally, the Environmental Assessment shall take into full consideration the past and (d) all costs and expenses incurred by Landlord under this Section shall be paid on demand as Additional Charges by Tenant to Landlord. Notwithstanding the foregoing, in no event shall any of representative of Landlord be permitted to enter into any rooms in which patients are present or enter into any area uses of the Hospitals that Tenant or Subtenants reasonably designates as a secured area, including, without limitation, Property and Project and other factors unique to the pharmacy unless escorted by a representative Property and Project. If Landlord obtains the Environmental Assessment because of the activities of Tenant or SubtenantsTenant's Agents, Tenant shall pay Landlord on demand the cost of the Environmental Assessment, with interest thereon, as additional rent and in accordance with subparagraph 17(d). Failure If Landlord so requires, Tenant shall comply, at its sole cost and expense, with all recommendations contained in the Environmental Assessment, including any recommendation with respect to conduct an environmental inspection the precautions which should be taken with respect to Environmental Activities on the Premiss or the Project or any recommendations for additional testing and studies to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release the presence of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s tenancyHazardous Materials. Tenant shall remain liable for any environmental condition related covenants to or having occurred during its tenancy regardless of when such conditions are discovered reasonably cooperate with the Consultant and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Lease. The obligations set forth in this Section shall survive the expiration or earlier termination to allow entry and reasonable access to all portions of the LeasePremiss for the purpose of Consultant's investigation.

Appears in 1 contract

Samples: Lease Agreement (New Directions Manufacturing Inc)

Environmental Inspection. If Landlord reasonably believes the Premises to be in violation of applicable Environmental Laws, then (a) Landlord Lessor shall have the right, from time to time, and upon not less than five (5) days’ days written notice to TenantLessee, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Premises and all Capital Additions Leased Property to determine the existence or presence of Hazardous Substances on or about the Premises or any such Capital Additions; (b) Landlord Leased Property. Lessor shall have the right to enter and inspect the Premises and all Capital AdditionsLeased Property, conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect materials brought into the Premises or any such Capital Additions; (c) Landlord may Leased Property. Lessor may, in its discretion, retain such experts as it deems necessary or desirable to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith; and (d) all . All costs and expenses incurred by Landlord Lessor under this Section shall be paid on demand as Additional Charges by Tenant Lessee to Landlord. Notwithstanding the foregoing, in no event shall any of representative of Landlord be permitted to enter into any rooms in which patients are present or enter into any area of the Hospitals that Tenant or Subtenants reasonably designates as a secured area, including, without limitation, the pharmacy unless escorted by a representative of Tenant or SubtenantsLessor. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s Lessee's tenancy. Tenant Lessee shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord Lessor conducts an environmental inspection at the termination of this the Lease. The obligations set forth in this Section Article shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease (Balanced Care Corp)

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