Common use of Environmental Remediation Activities Clause in Contracts

Environmental Remediation Activities. The Parties acknowledge that Parent is conducting environmental remediation activities (the “Remedial Activities”) at the Varex Real Property located at 0000 X. Xxxxxxx Xxxx, Xxxx Xxxx Xxxx, Xxxx 00000 (the “Salt Lake Property”) and potentially at other Varex Real Property, which Remedial Activities include investigation of site conditions, soil excavation, groundwater extraction and treatment, and soil vapor extraction and treatment. Varex acknowledges and agrees that certain remediation equipment and fixtures (e.g., monitoring xxxxx, soil vapor extraction and groundwater treatment systems) used in the Remedial Activities (“Remediation Systems”) will be present on the Varex Real Property as of the Effective Time, and Remediation Systems may be installed on Varex Real Property following the Effective Time. Subject to the terms of any applicable Ancillary Agreement or Commercial Agreement, Varex agrees to allow for the installation and operation, in each case on the Varex Real Property, of any Remediation Systems determined by Parent to be necessary or advisable, without payment of rent or fees. Parent agrees to install and operate future Remediation Systems in a manner that reasonably minimizes conflicts with Varex’s use of the Varex Real Property, and shall consult with Varex prior to, and Varex shall have the right to approve, which approval shall not be unreasonably withheld, conditioned or delayed, such future installation and operation. Parent shall retain ownership and control over Remediation Systems. Varex agrees that it will not disrupt or alter any Remediation Systems without prior written consent of Parent and the applicable Government Authorities, which consent by Parent shall not be unreasonably withheld. Varex agrees to pay all the costs associated with any request it makes to move or redesign installed Remediation Systems.