Common use of Environmental Matters; Inspection Clause in Contracts

Environmental Matters; Inspection. (a) Lender shall have the right at all reasonable times to enter upon and inspect all or any portion of the Premises, provided that Lender makes an appointment through the general manager of the hotel after reasonable notice and that such inspections shall not unreasonably interfere with the normal business operations of the Premises. Lender may select a consulting engineer to conduct and prepare reports of such inspections. The inspection rights granted to Lender in this Section 2.22 shall be in addition to, and not in limitation of, any other inspection rights granted to Lender in this Deed of Trust, and shall expressly include the right to conduct reasonable soil borings and other customary environmental tests, assessments and audits, so long as Lender restores the Mortgaged Property to its previous condition. (b) Borrower agrees to bear and shall pay or reimburse Lender on demand for all Advances and expenses (including reasonable attorneys' fees) relating to or incurred by Lender in connection with the inspections and reports described in this Section 2.22 in the following situations: (i) If Lender has reasonable grounds to believe, at the time any such inspection is ordered, that there exists an Environmental Violation or that a Hazardous Substance is present on, under or about the Premises or is migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by any Loan Document; (ii) if any such inspection reveals an Environmental Violation or that a Hazardous Substance is present on, under or about the Premises or is migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by any Loan Document; or (iii) if an Event of Default exists at the time any such inspection is ordered.

Environmental Matters; Inspection. (ai) Upon reasonable prior notice, Lender and its agents, representatives and employees shall have the right at all reasonable times and during normal business hours, except to the extent such access is limited by applicable law, to enter upon and inspect all or any portion of the PremisesMortgaged Property, provided that Lender makes an appointment through the general manager of the hotel after reasonable notice and that such inspections shall not unreasonably interfere with the normal business operations of operation thereof or the Premisestenants thereon. At its sole expense, except as provided in subparagraph (e)(ii) hereof, (y) Lender may select a consulting engineer retain an environmental consultant to conduct and prepare reports of such inspectionsinspections and (z) Borrower shall be given a reasonable opportunity to review any and all reports, data and other documents or materials reviewed or prepared by the consultant, and to submit comments and suggested revisions or rebuttals to same. The inspection rights granted to Lender in this Section 2.22 4.1(e) shall be in addition to, and not in limitation of, any other inspection rights granted to Lender in this Deed of TrustAgreement, and shall expressly include the right to conduct reasonable soil borings and other customary environmental tests, assessments and audits in compliance with applicable Legal Requirements; provided, that, except as set forth in clause (ii) below, Lender shall repair any damage caused by such borings, tests, assessments or audits, so long as Lender restores the Mortgaged Property to its previous condition. (bii) Borrower agrees to bear and shall pay or reimburse Lender on demand for all Advances and expenses (including reasonable attorneys' feesfees and disbursements, but excluding internal overhead, administrative and similar costs of Lender) reasonably relating to or incurred by Lender in connection with the inspections inspections, tests and reports described in this Section 2.22 4.1(e) in the following situations: (i) If Lender has reasonable grounds to believe, at the time any such inspection is ordered, that there exists an Environmental Violation or that a Hazardous Substance is present on, under or about the Premises or is migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by any Loan Document; (ii) if any such inspection reveals an Environmental Violation or that a Hazardous Substance is present on, under or about the Premises or is migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by any Loan Document; or (iii) if an Event of Default exists at the time any such inspection is ordered.

Environmental Matters; Inspection. (ai) Borrower shall not authorize a Hazardous Substance to be present on, under or to emanate from an Individual Property, or migrate from adjoining property controlled by Borrower onto or into an Individual Property, except under conditions permitted by applicable Environmental Laws and, in the event that such Hazardous Substances are present on, under or emanate from an Individual Property, or migrate onto or into an Individual Property, Borrower shall cause the removal or remediation of such Hazardous Substances, in accordance with this Agreement and Environmental Laws. Borrower shall use best efforts to prevent, and to seek the remediation of, any migration of Hazardous Substances onto or into any Individual Property from any adjoining property. (ii) Upon reasonable prior written notice, Lender shall have the right at all reasonable times to enter upon and inspect all or any portion of the Premisesany Individual Property, provided that Lender makes an appointment through the general manager of the hotel after reasonable notice and that such inspections shall not unreasonably interfere with the normal business operations operation or the tenants, residents or occupants of the Premisessuch Individual Property. If Lender suspects that Remedial Work may be required, Lender may select a consulting engineer Engineer to conduct and prepare reports of such inspections. Borrower shall be given a reasonable opportunity to review any reports, data and other documents or materials reviewed or prepared by the Engineer, and to submit comments and suggested revisions or rebuttals to same. The inspection rights granted to Lender in this Section 2.22 5.1(E) shall be in addition to, and not in limitation of, any other inspection rights granted to Lender in this Deed of TrustAgreement, and shall expressly include the right (if Lender suspects that Remedial Work may be required) to conduct reasonable soil borings borings, establish ground water monitoring xxxxx and conduct other customary environmental tests, assessments and audits, so long as Lender restores the Mortgaged Property to its previous condition. (biii) Borrower agrees to bear and shall pay or reimburse Lender on demand for all Advances sums advanced and expenses incurred (including reasonable attorneys' feesfees and disbursements, but excluding internal overhead, administrative and similar costs of Lender) reasonably relating to to, or incurred by Lender in connection with with, the inspections and reports described in this Section 2.22 5.1(E) (to the extent such inspections and reports relate to any Individual Property) in the following situations: (i) If Lender has reasonable grounds to believe, at the time any such inspection is ordered, that there exists an Environmental Violation or that a Hazardous Substance is present on, under or about the Premises or is migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by any Loan Document; (ii) if any such inspection reveals an Environmental Violation or that a Hazardous Substance is present on, under or about the Premises or is migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by any Loan Document; or (iii) if an Event of Default exists at the time any such inspection is ordered.

Environmental Matters; Inspection. (a) Lender shall have the right at all reasonable times to enter upon and inspect all or any portion of the Premises, provided that Lender makes an appointment through the general manager of the hotel after reasonable notice and that such inspections shall not unreasonably interfere with the normal business operations of the Premises. Lender may select a consulting engineer to conduct and prepare reports of such inspections. The inspection rights granted to Lender in this Section 2.22 shall be in addition to, and not in limitation of, any other inspection rights granted to Lender in this Deed of Trust, and shall expressly include the right to conduct reasonable soil borings and other customary environmental tests, assessments and audits, so long as Lender restores the Mortgaged Property to its previous condition. (b) Borrower agrees to bear and shall pay or reimburse Lender on demand for all Advances and expenses (including reasonable attorneys' fees) relating to or incurred by Lender in connection with the inspections and reports described in this Section 2.22 in the following situations: (i) If Lender has reasonable grounds to believe, at the time any such inspection is ordered, that there exists an Environmental Violation or that a Hazardous Substance is present on, under or about the Premises or is migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by any Loan Document; (ii) if any such inspection reveals an Environmental Violation or that a Hazardous Substance is present on, under or about the Premises or is migrating to or from 37 42 adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by any Loan Document; or (iii) if an Event of Default exists at the time any such inspection is ordered.