Common use of Environmental Inspection Clause in Contracts

Environmental Inspection. If Lessee has given notice pursuant to Section 20.1(b) of its election to remarket the Properties pursuant to Section 22.1, not more than one hundred twenty (120) days nor less than sixty (60) days prior to the Expiration Date, Lessee shall, if requested by Lessor and the Agent, at Lessee’s sole cost and expense, provide to Lessor and the Agent a report by a reputable environmental consultant selected by Lessee, which report shall be in form and substance reasonably satisfactory to Lessor and the Agent and shall include without limitation a “Phase I” environmental report (or update of a prior “Phase I” report that was previously delivered to the Lessor and the Agent) on each of the Properties. If the report delivered pursuant to the preceding sentence recommends that a “Phase II” report or other supplemental report be obtained, the Lessee shall, at its own cost and expense, not less than thirty (30) days prior to the Expiration Date, provide to Lessor and the Agent such “Phase II” or other report, in form and substance reasonably satisfactory to Lessor and the Agent. If Lessee fails to provide such Phase I, Phase II or other supplemental reports with respect to any Property within the time periods required by this Section 10.2, or if such report or reports are not satisfactory in scope or content to the Agent or the Lessor (in their sole discretion), then notwithstanding any other provision of this Lease, Lessor may require Lessee to purchase all of the Properties on the Expiration Date for the Termination Value thereof, plus all Rent due and payable, and all other amounts due and owing under any Operative Agreement.

Environmental Inspection. If Lessee has given notice notice, pursuant to Section 20.1(b) of its election to remarket the Properties pursuant to Section 22.1, 22.1 then in any Pool not more than one hundred twenty (120) days nor less than sixty (60) days prior to the Expiration Date, Lessee shall, if requested by Lessor and the Agent, at Lessee’s its sole cost and expense, provide to Lessor and the Agent a report by a reputable environmental consultant selected by Lessee, which report shall be in form and substance reasonably satisfactory to Lessor and the Agent and shall include without limitation a “Phase I” environmental report (or update of a prior “Phase I” report that was previously delivered to the Lessor and the Agent) on each of the PropertiesProperties in such Pool. If the report delivered pursuant to the preceding sentence recommends that a “Phase II” report or other supplemental report be obtained, the Lessee shall, at its own cost and expense, not less than thirty (30) days prior to the Expiration Date, provide to Lessor and the Agent such “Phase II” or other report, in form and substance reasonably satisfactory to Lessor and the Agent. If Lessee fails to provide such Phase I, Phase II or other supplemental reports with respect to any Property in such Pool within the time periods required by this Section 10.2, or if such report or reports are not satisfactory in scope or content to the Agent or the Lessor (in their sole discretion), then notwithstanding any other provision of this Lease, Lessor may require Lessee to purchase all of the Properties in such Pool on the Expiration Date for the Termination Value thereof, plus all Rent due and payable, and all other amounts due and owing under any Operative Agreement.

Environmental Inspection. If (a) Lessee has not given notice of the exercise of its Purchase Option on the Expiration Date pursuant to Section 20.2, or (b) Lessee has given notice notice, pursuant to Section 20.1(b) 20.2 of its election to remarket the Properties pursuant to Section 22.122.1 then, in either case, not more than one hundred twenty (120) 120 days nor less than sixty (60) 60 days prior to the Expiration Date, Lessee shall, if requested by Lessor and the Agent, at Lessee’s its sole cost and expense, provide to Lessor and the Agent a report by a reputable environmental consultant selected by Lessee, which report shall be in form and substance reasonably satisfactory to Lessor and the Agent and shall include without limitation a “"Phase I” " environmental report (or update of a prior “"Phase I” " report that was previously delivered to the Lessor and the Agent) on each of the Properties. If the report delivered pursuant to the preceding sentence recommends that a “"Phase II” " report or other supplemental report be obtained, the Lessee shall, at its own cost and expense, not less than thirty (30) days prior to the such Expiration Date or Payment Date, provide to Lessor and the Agent such “"Phase II” " or other report, in form and substance reasonably satisfactory to Lessor and the Agent. If Lessee fails to provide such Phase I, Phase II or other supplemental reports with respect to any Property within the time periods required by this Section 10.2, or if such report or reports are not satisfactory in scope or content to the Agent or the Lessor (in their sole discretion), then notwithstanding any other provision of this Lease, Lessor may require Lessee to purchase all of the Properties on the such Expiration Date or Payment Date for the Termination Value thereof, plus all Rent due and payable, and all other amounts due and owing under any Operative Agreement.

Environmental Inspection. If If (a) Lessee has not given notice of the exercise of its Purchase Option on the Expiration Date or the Preliminary Expiration Date pursuant to SECTION 20.1(B), or (b) Lessee has given notice notice, pursuant to Section 20.1(bSECTION 20.1(B) of its election to remarket the Properties on the Expiration Date or the Preliminary Expiration Date pursuant to Section 22.1SECTION 22.1 then, in either case, not more than one hundred twenty (120) days nor less than sixty (60) days prior to the such Applicable Expiration Date, Lessee shall, if requested by Lessor and the Agent, at Lessee’s its sole cost and expense, provide to Lessor and the Agent a report by a reputable environmental consultant selected by Lessee, which report shall be in form and substance reasonably satisfactory to Lessor and the Agent and shall include without limitation a “"Phase I” " environmental report (or update of a prior “"Phase I” " report that was previously delivered to the Lessor and the Agent) on each of the Properties. If the report delivered pursuant to the preceding sentence recommends that a “"Phase II” " report or other supplemental report be obtained, the Lessee shall, at its own cost and expense, not less than thirty (30) days prior to the such Applicable Expiration Date, provide to Lessor and the Agent such “"Phase II” " or other report, in form and substance reasonably satisfactory to Lessor and the Agent. If Lessee fails to provide such Phase I, Phase II or other supplemental reports with respect to any Property within the time periods required by this Section SECTION 10.2, or if such report or reports are not satisfactory in scope or content to the Agent or the Lessor (in their sole discretion), then notwithstanding any other provision of this Lease, Lessor may require Lessee to purchase all of the Properties on the such Applicable Expiration Date for the Termination Value thereof, plus all Rent due and payable, and all other amounts due and owing under any Operative Agreement.

Environmental Inspection. If If (a) Lessee has not given notice of the exercise of its Purchase Option on the Expiration Date pursuant to Section 20.2, or (b) Lessee has given notice notice, pursuant to Section 20.1(b) 20.2 of its election to remarket the Properties pursuant to Section 22.122.1 then, in either case, not more than one hundred twenty (120) 120 days nor less than sixty (60) 60 days prior to the Expiration Date, Lessee shall, if requested by Lessor and the Agent, at Lessee’s its sole cost and expense, provide to Lessor and the Agent a report by a reputable environmental consultant selected by Lessee, which report shall be in form and substance reasonably satisfactory to Lessor and the Agent and shall include without limitation a “"Phase I” " environmental report (or update of a prior “"Phase I” " report that was previously delivered to the Lessor and the Agent) on each of the Properties. If the report delivered pursuant to the preceding sentence recommends that a “"Phase II” " report or other supplemental report be obtained, the Lessee shall, at its own cost and expense, not less than thirty (30) days prior to the such Expiration Date or Payment Date, provide to Lessor and the Agent such “"Phase II” " or other report, in form and substance reasonably satisfactory to Lessor and the Agent. If Lessee fails to provide such Phase I, Phase II or other supplemental reports with respect to any Property within the time periods required by this Section 10.2, or if such report or reports are not satisfactory in scope or content to the Agent or the Lessor (in their sole discretion), then notwithstanding any other provision of this Lease, Lessor may require Lessee to purchase all of the Properties on the such Expiration Date or Payment Date for the Termination Value thereof, plus all Rent due and payable, and all other amounts due and owing under any Operative Agreement.

Environmental Inspection. If If (a) Lessee has not given notice of the exercise of its Purchase Option on the Expiration Date pursuant to Section 20.2, or (b) Lessee has given notice notice, pursuant to Section 20.1(b) 20.2 of its election to remarket the Properties pursuant to Section 22.122.1 then, in either case, not more than one hundred twenty (120) 120 days nor less than sixty (60) 60 days prior to the Expiration Date, Lessee shall, if requested by Lessor and the Agent, at Lessee’s its sole cost and expense, provide to Lessor and the Agent a report by a reputable environmental consultant selected by Lessee, which report shall be in form and substance reasonably satisfactory to Lessor and the Agent and shall include without limitation a “Phase I” environmental report (or update of a prior “Phase I” report that was previously delivered to the Lessor and the Agent) on each of the Properties. If the report delivered pursuant to the preceding sentence recommends that a “Phase II” report or other supplemental report be obtained, the Lessee shall, at its own cost and expense, not less than thirty (30) days prior to the such Expiration Date or Payment Date, provide to Lessor and the Agent such “Phase II” or other report, in form and substance reasonably satisfactory to Lessor and the Agent. If Lessee fails to provide such Phase I, Phase II or other supplemental reports with respect to any Property within the time periods required by this Section 10.2, or if such report or reports are not satisfactory in scope or content to the Agent or the Lessor (in their sole discretion), then notwithstanding any other provision of this Lease, Lessor may require Lessee to purchase all of the Properties on the such Expiration Date or Payment Date for the Termination Value thereof, plus all Rent due and payable, and all other amounts due and owing under any Operative Agreement.

Environmental Inspection. If If (a) Lessee has not given notice of the exercise of its Purchase Option on the Expiration Date pursuant to SECTION 20.1(B), or (b) Lessee has given notice notice, pursuant to Section 20.1(bSECTION 20.1(B) of its election to remarket the Properties on the Expiration Date or a Payment Date pursuant to Section 22.1SECTION 22.1 then, in either case, not more than one hundred twenty (120) days nor less than sixty (60) days prior to the such Expiration Date or Payment Date, Lessee shall, if requested by Lessor and the Agent, at Lessee’s its sole cost and expense, provide to Lessor and the Agent a report by a reputable environmental consultant selected by Lessee, which report shall be in form and substance reasonably satisfactory to Lessor and the Agent and shall include without limitation a “"Phase I” " environmental report (or update of a prior “"Phase I” " report that was previously delivered to the Lessor and the Agent) on each of the Properties. If the report delivered pursuant to the preceding sentence recommends that a “"Phase II” " report or other supplemental report be obtained, the Lessee shall, at its own cost and expense, not less than thirty (30) days prior to the such Expiration Date or Payment Date, provide to Lessor and the Agent such “"Phase II” " or other report, in form and substance reasonably satisfactory to Lessor and the Agent. If Lessee fails to provide such Phase I, Phase II or other supplemental reports with respect to any Property within the time periods required by this Section SECTION 10.2, or if such report or reports are not satisfactory in scope or content to the Agent or the Lessor (in their sole discretion), then notwithstanding any other provision of this Lease, Lessor may require Lessee to purchase all of the Properties on the such Expiration Date or Payment Date for the Termination Value thereof, plus all Rent due and payable, and all other amounts due and owing under any Operative Agreement.