Common use of Environmental Matters; Inspection Clause in Contracts

Environmental Matters; Inspection. (i) Borrower shall not cause or authorize a Hazardous Substance to be present at, on, in, under or to emanate from the Facility, or migrate from adjoining property controlled by Borrower onto or into the Facility in violation of any Environmental Law, except under conditions permitted by applicable Environmental Laws and, in the event that such Hazardous Substances are present at, on, in, under or emanate from the Facility, or migrate onto or into the Facility, Borrower shall cause the performance of Remedial Work, removal or remediation of such Hazardous Substances, in accordance with this Agreement and Environmental Laws. (ii) Lender shall have the right at all reasonable times after ten (10) calendar days' prior written notice to Borrower and subject to the rights of tenants therein to enter upon and inspect all or any portion of the Facility. If Lender has reason to believe that Remedial Work may be required, Lender may select or may require Operator to select a consulting environmental Engineer reasonably satisfactory to Lender to conduct and prepare environmental reports assessing the environmental condition of the Facility. Lender shall be given a reasonable opportunity to review any reports, data and other documents or materials reviewed or prepared by the environmental Engineer. The inspection rights granted to Lender in this Section 5.1(a)(E) shall be in addition to, and not in limitation of, any ------- --------- other inspection rights granted to Lender in the Loan Documents, and shall expressly include the right (if Lender has reason to suspect that Remedial Work may be required) to conduct or require Operator to conduct soil borings, establish ground water monitoring xxxxx and conduct other customary environmental tests, assessments and audits.

Environmental Matters; Inspection. (i) Borrower shall not cause or authorize a Hazardous Substance to be present at, on, in, under or to emanate from the Facility, or migrate from adjoining property controlled by Borrower onto or into the Facility in violation of any Environmental Law, except under conditions permitted by applicable Environmental Laws and, in the event that such Hazardous Substances are present at, on, in, under or emanate from the Facility, or migrate onto or into the Facility, Borrower shall cause the performance of Remedial Work, removal or remediation of such Hazardous Substances, in accordance with this Agreement and Environmental Laws. (ii) Lender shall have the right at all reasonable times after ten (10) calendar days' prior written notice to Borrower and subject to the rights of tenants therein to enter upon and inspect all or any portion of the Facility. If Lender has reason to believe that Remedial Work may be required, Lender may select or may require Operator to select a consulting environmental Engineer reasonably satisfactory to Lender to conduct and prepare environmental reports assessing the environmental condition of the Facility. Lender shall be given a reasonable opportunity to review any reports, data and other documents or materials reviewed or prepared by the environmental Engineer. The inspection rights granted to Lender in this Section 5.1(a)(E) shall be in addition to, and not in limitation of, any ------- --------- ----------------- other inspection rights granted to Lender in the Loan Documents, and shall expressly include the right (if Lender has reason to suspect that Remedial Work may be required) to conduct or require Operator to conduct soil borings, establish ground water monitoring xxxxx and conduct other customary environmental tests, assessments and audits.

Environmental Matters; Inspection. (i) Borrower shall not cause or authorize a Hazardous Substance to be present at, on, in, under or to emanate from the Facility, or migrate from adjoining property controlled by Borrower onto or into the Facility in violation of any Environmental Law, except under conditions permitted by applicable Environmental Laws and, in the event that such Hazardous Substances are present at, on, in, under or emanate from the Facility, or migrate onto or into the Facility, Borrower shall cause the performance of Remedial Work, removal or remediation of such Hazardous Substances, in accordance with this Agreement and Environmental Laws. (ii) Lender shall have the right at all reasonable times after ten (10) calendar days' prior written notice to Borrower and subject to the rights of tenants therein to enter upon and inspect all or any portion of the Facility. If Lender has reason to believe that Remedial Work may be required, Lender may select or may require Operator to select a consulting environmental Engineer reasonably satisfactory to Lender to conduct and prepare environmental reports assessing the environmental condition of the Facility. Lender shall be given a reasonable opportunity to review any reports, data and other documents or materials reviewed or prepared by the environmental Engineer. The inspection rights granted to Lender in this Section 5.1(a)(E) shall be in addition to, and not in limitation of, any ------- --------- other inspection rights granted to Lender in the Loan Documents, and shall expressly include the right (if Lender has reason to suspect that Remedial Work may be required) to conduct or require Operator to conduct soil borings, establish ground water monitoring xxxxx and conduct other customary environmental tests, assessments and audits.

Environmental Matters; Inspection. (i) Borrower shall not cause or authorize a Hazardous Substance to be present at, on, in, under or to emanate from the Facility, or migrate from adjoining property controlled by Borrower onto or into the Facility in violation of any Environmental Law, except under conditions permitted by applicable Environmental Laws and, in the event that such Hazardous Substances are present at, on, in, under or emanate from the Facility, or migrate onto or into the Facility, Borrower shall cause the performance of Remedial Work, removal or remediation of such Hazardous Substances, in accordance with this Agreement and Environmental Laws. (ii) Mezzanine Lender shall have the right at all reasonable times after ten (10) calendar days' prior written notice to Borrower and subject to the rights of tenants therein to enter upon and inspect all or any portion of the Facility. If Mezzanine Lender has reason to believe that Remedial Work may be required, Mezzanine Lender may select or may require Operator to select a consulting environmental Engineer reasonably satisfactory to Mezzanine Lender to conduct and prepare environmental reports assessing the environmental condition of the Facility. Mezzanine Lender shall be given a reasonable opportunity to review any reports, data and other documents or materials reviewed or prepared by the environmental Engineer. The inspection rights granted to Mezzanine Lender in this Section 5.1(a)(E) ----------------- shall be in addition to, and not in limitation of, any ------- --------- other inspection rights granted to Mezzanine Lender in the Mezzanine Loan Documents, and shall expressly include the right (if Mezzanine Lender has reason to suspect that Remedial Work may be required) to conduct or require Operator to conduct soil borings, establish ground water monitoring xxxxx and conduct other customary environmental tests, assessments and audits.