Environmental Reports; Clean-Up. If any written report, including any report containing results of any Environmental Assessment (an “Environmental Report”) shall indicate (i) the presence of any Hazardous Materials as to which Tenant has a removal or remediation obligation under this Section 5.3, and (ii) that as a result of same, the investigation, characterization, monitoring, assessment, repair, closure, remediation, removal, or other clean-up (the “Clean-up”) of any Hazardous Materials is required, Tenant shall immediately prepare and submit to Landlord within thirty (30) days after receipt of the Environmental Report a comprehensive plan, subject to Landlord’s written approval, specifying the actions to be taken by Tenant to perform the Clean-up so that the Premises are restored to the conditions required by this Lease. Upon Landlord’s approval of the Clean-up plan, Tenant shall, at Tenant’s sole cost and expense, without limitation on any rights and remedies of Landlord under this Lease, immediately implement such plan with a consultant reasonably acceptable to Landlord and proceed to Clean-Up Hazardous Materials in accordance with all applicable laws. If, within thirty (30) days after receiving a copy of such Environmental Report, Tenant fails either (a) to complete such Clean-up, or (b) with respect to any Clean-up that cannot be completed within such thirty-day period, fails to proceed with diligence to prepare the Clean-up plan and complete the Clean-up as promptly as practicable, then Landlord shall have the right, but not the obligation, and without waiving any other rights under this Lease, to carry out any Clean-up recommended by the Environmental Report or required by any governmental authority having jurisdiction over the Premises, and recover all of the costs and expenses thereof from Tenant as Additional Rent, payable within ten (10) days after receipt of written demand therefor.
Environmental Reports; Clean-Up. If any written report, including any report containing results of any Environmental Assessment (an “Environmental Report”) shall indicate (i) the presence of any Hazardous Materials as to which Tenant has a removal or remediation obligation under this Section 5.3, and
Environmental Reports; Clean-Up. (a) In connection with the return of the Project to the Owner Lessor pursuant to this Section 5, the Lessee shall, at its own expense, provide the Owner Lessor and, so long as the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee (i) not earlier than nine (9) months nor later than three (3) months prior to the expiration date of the Basic Lease Term or the last Renewal Lease Term elected by the Lessee, (ii) in connection with any return pursuant to Section 10, 13 or 14, no later than three (3) months prior to the expiration of this Project Lease or (iii) in connection with any return pursuant to Section 17, as promptly as possible after such return (but, so long as reasonable access is provided, within 45 days after such return), a phase I environmental report including a compliance with Environmental Laws audit (together referred to as "phase I survey") addressed to the Owner Lessor and, so long as the Lien of the Indenture has not been terminated and fully discharged, the Indenture Trustee, as to the environmental condition of the Project, the presence or absence of any Environmental Conditions and compliance or noncompliance with applicable Environmental Laws. Such phase I survey shall have been performed not earlier than 90 days prior to the date such phase I survey is provided to the Owner Lessor, by a reputable environmental consulting firm (selected by the Lessee and reasonably acceptable to the Equity Investor), and shall be in form and scope reasonably satisfactory to the Equity Investor and, if the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee. The phase I survey will only be expanded to a phase II environmental survey if and only if, as a result of the phase I survey, facts are revealed that would reasonably require further investigation in order to assess the environmental condition of the Project, the presence or absence of any Environmental Conditions, or compliance or noncompliance with applicable Environmental Laws. The provisions of such environmental surveys shall not relieve the Lessee of any indemnification obligation or liability with respect to Environmental Conditions existing at the time of such return, whether known or unknown, in respect of the Project.
(b) If the phase I survey (and phase II environmental survey, if necessary) delivered pursuant to Section 5.3(a) indicates that any action (including cleaning, investigation, abatement...
Environmental Reports; Clean-Up. If any written report, including any report Environmental Report any Hazardous Materials as to which Tenant has a removal or remediation obligation under this Section 5.3, and 822610.04/WLA [THE BOARDWALK] 183362-00050/9-24-20/mem/mem -19- [Zentalis Pharmaceuticals, Inc.]
