Common use of Environmental Reports; Clean-Up Clause in Contracts

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, correction, removal or remediation) is then required under any then applicable Environmental Laws (whether indicated in the phase I survey or phase II environmental survey or otherwise and including any action then required under applicable Environmental Laws for the Project to be then in compliance with such Laws), the Lessee shall, at its own expense, within 90 days of the Owner Lessor having received such survey provide the Owner Lessor and, so long as the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee, with a remediation plan reasonably satisfactory to the Equity Investor and, if the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee, designed to effect compliance with applicable Environmental Laws and the return conditions set forth in this Section 5 as promptly as is reasonably practical (and in any event prior to the expiration of the Project Lease Term) and without materially adversely affecting the continued operation of the Project. To the extent that any action (including cleaning, investigation, abatement, correction, removal or remediation) required to be taken under this Section 5.3(b) cannot reasonably be completed prior to expiration or termination of this Project Lease, the Lessee shall complete such action (including cleaning, investigation, abatement, correction, removal or remediation) as promptly thereafter as is reasonably practical, and in addition the Lessee shall provide to the Owner Lessor and, so long as the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee, (x) adequate financial assurance during such period following such expiration or termination of this Project Lease or (y) an agreement from an entity that meets the Minimum Credit Rating that such obligations shall be satisfied. The obligations of the Lessee set forth in this Section 5.3(a) and (b) shall survive the termination of this Project Lease and the expiration of the Project Lease Term.

Environmental Reports; Clean-Up. (a) In connection with the return of the Project Facility to the Owner Lessor Sublessor at the Sublease Expiration Date or the expiration of the last Renewal Lease Term elected by the Sublessee or pursuant to this Section 517, the Lessee Sublessee 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 Sublessor (ia) not earlier later than nine (9) months nor later than three (3) months prior to the later of the Sublease Expiration Date or the expiration date of the Basic Lease Term or the last Renewal Lease Term elected by the LesseeSublessee, or (iib) in connection with any return pursuant to Section 10, 13 or 14, no later than three (3) months prior to the expiration 17 of this Project Lease or (iii) in connection with any return pursuant to Section 17Facility Sublease, as promptly as possible after such return (but, so long as reasonable access is provided, within 45 days after prior to such return), a phase Phase I environmental report including a compliance with Environmental Laws audit Survey (together referred to as "phase I survey"defined below) 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 conditions or circumstances of the Project, Facility and the Facility Site and the presence or absence of any Environmental Conditions that reasonably could give rise to a liability or a potential liability. Such survey shall be conducted in conformance with American Society for Testing and Materials (“ASTM”) standards for a Phase I environmental site assessment and shall include a review of the compliance or noncompliance non-compliance of the Facility and Facility Site at the time of the return of the Facility with any applicable Environmental Laws. Such phase , as then currently in effect (together, a “Phase I survey shall have been Survey”) performed not earlier more than 90 days prior to the date such phase I survey report is provided to the Owner LessorSublessor, by a reputable environmental consulting firm (selected by the Lessee Sublessee and reasonably acceptable to the Equity InvestorSublessor), 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 Phase I survey Survey will only be expanded to a phase Phase II environmental survey if and only site assessment conducted in conformance with the ASTM standards (a “Phase II Survey”) if, as a result of the phase Phase I surveySurvey, facts are revealed that would reasonably require further necessitate a Phase II Survey; provided however, that such facts were not otherwise previously identified in the scope of work, site investigation in order to assess results, contaminant fate and transport, conclusions and recommendations sections of the environmental condition of reports listed as items 13, 14 and 21 in Schedule 4(w) to the Project, the presence or absence of any Environmental Conditions, or compliance or noncompliance with applicable Environmental LawsParticipation Agreement. The provisions of such environmental surveys Phase I Survey or Phase II Survey shall not relieve the Lessee Sublessee of any indemnification obligation or liability with respect to Environmental Conditions or any non-compliance with Environmental Laws existing at the time of such return, whether known or unknown, in respect of the ProjectFacility or the Facility Site. (b) If the phase Phase I survey (and phase Survey or Phase II environmental survey, if necessary) Survey delivered pursuant to Section 5.3(a) indicates that that, or at the time of any return of the Facility pursuant to Section 5.1 (other than pursuant to Section 10) the Sublessee has received written notice or otherwise has Actual Knowledge that, any action (including cleaningclean-up, investigation, abatement, correction, removal or remediation) is then required under any then applicable Environmental Laws as then currently in effect (whether indicated in the phase Phase I survey Survey or phase Phase II environmental survey Survey or otherwise and including any action then required under applicable Environmental Laws (as then currently in effect) for the Project Facility to be then in compliance with such Environmental Laws), the Lessee Sublessee shall, at its own expense, within 90 days of the Owner Lessor Sublessor having received such survey Phase I Survey or Phase II Survey, provide the Owner Lessor and, so long as the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee, Sublessor with a remediation plan reasonably satisfactory to the Equity Investor and, if the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee, Sublessor designed to effect compliance with then applicable Environmental Laws (as then currently in effect) and the return conditions set forth in this Section 5 as promptly as is reasonably practical (and in any event prior to the expiration of the Project Lease Facility Sublease Term) and without materially adversely affecting the continued operation of the ProjectFacility. To the extent that any action (including cleaningclean-up, investigation, abatement, correction, removal or remediation) required to be taken under this Section 5.3(b) cannot reasonably be completed prior to expiration or termination of this Project LeaseFacility Sublease, the Lessee Sublessee shall complete such action (including cleaningclean-up, investigation, abatement, correction, removal or remediation) as promptly thereafter as is reasonably practical, and in addition the Lessee Sublessee shall provide to the Owner Lessor and, so long as the Lien of the Indenture shall not have been terminated and fully discharged, the Indenture Trustee, (x) Sublessor adequate financial assurance during such period following the end of the Facility Sublease Term with respect to the ability of the Sublessee (or any other Person responsible therefor) to satisfy such expiration or termination of this Project Lease or (y) an agreement from an entity that meets the Minimum Credit Rating that such obligations shall be satisfiedobligation. The obligations of the Lessee Sublessee set forth in this Section 5.3(a) and (b) hereof shall survive the termination of this Project Lease Facility Sublease and the expiration of the Project Lease Facility Sublease Term. (c) Nothing contained in Section 5.3(a) and (b) above shall be construed to waive any right or claim or modify any obligation which any party hereto or any of their respective Affiliates may have pursuant to the MISPA.

Environmental Reports; Clean-Up. (a) In connection with the return of the Project Facility to the Owner Lessor at the Expiration Date or the expiration of the last Renewal Lease Term elected by the Lessee or pursuant to this Section 517, the Lessee shall, at its own expense, provide the Owner Lessor and the Owner Participant and, so long as the Lien of the Indenture shall not have been terminated and fully or discharged, the Indenture Trustee (ia) not earlier later than nine (9) months nor later than three (3) months prior to the later of the Expiration Date or the expiration date of the Basic Lease Term or the last Renewal Lease Term elected by the Lessee, or (iib) in connection with any return pursuant to Section 10, 13 or 14, no later than three (3) months prior to the expiration 17 of this Project Lease or (iii) in connection with any return pursuant to Section 17Facility Lease, as promptly as possible after such return (but, so long as reasonable access is provided, within 45 days after prior to such return), a phase Phase I environmental report including a compliance with Environmental Laws audit Survey (together referred to as "phase I survey"defined below) 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 conditions or circumstances of the Project, Facility and the Facility Site and the presence or absence of any Environmental Conditions that reasonably could give rise to a liability or a potential liability. Such survey shall be conducted in conformance with American Society for Testing and Materials (ASTM) standards for a Phase I environmental site assessment and shall include a review of the compliance or noncompliance non-compliance of the Facility and Facility Site at the time of the return of the Facility with any applicable Environmental Laws. Such phase , as then currently in effect (together, a "Phase I survey shall have been Survey") performed not earlier more than 90 days prior to the date such phase I survey report is provided to the Owner LessorParticipant and the Indenture Trustee, by a reputable environmental consulting firm (selected by the Lessee and reasonably acceptable to the Equity InvestorOwner Participant), 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 Phase I survey Survey will only be expanded to a phase Phase II environmental survey if and only site assessment conducted in conformance with the ASTM standards (a "Phase II Survey") if, as a result of the phase Phase I surveySurvey, facts are revealed that would reasonably require further necessitate a Phase II Survey; provided, however, that such facts were not otherwise previously identified in the scope of work, site investigation in order to assess results, contaminant fate and transport, conclusions and recommendations sections of the environmental condition of reports listed as items 13, 14 and 21 in Schedule 4(w) to the Project, the presence or absence of any Environmental Conditions, or compliance or noncompliance with applicable Environmental LawsParticipation Agreement. The provisions of such environmental surveys Phase I Survey or Phase II Survey shall not relieve the Lessee of any indemnification obligation or liability with respect to Environmental Conditions or any non-compliance with Environmental Laws existing at the time of such return, whether known or unknown, in respect of the ProjectFacility or the Facility Site. (b) If the phase Phase I survey (and phase Survey or Phase II environmental survey, if necessary) Survey delivered pursuant to Section 5.3(a) indicates that that, or at the time of any return of the Facility pursuant to Section 5.1 (other than pursuant to Section 10) the Lessee has received written notice or otherwise has Actual Knowledge that, any action (including cleaningclean-up, investigation, abatement, correction, removal or remediation) is then required under any then applicable Environmental Laws as then currently in effect (whether indicated in the phase Phase I survey Survey or phase Phase II environmental survey Survey or otherwise and including any action then required under applicable Environmental Laws (as then currently in effect) for the Project Facility to be then in compliance with such Environmental Laws), the Lessee shall, at its own expense, within 90 days of the Owner Lessor having received such survey Phase I Survey or Phase II Survey, or, provide the Owner Lessor Participant and, so long as the Lien of the Indenture shall not have been terminated and fully or discharged, the Indenture Trustee, Trustee with a remediation plan reasonably satisfactory to the Equity Investor Owner Participant and, if so long as the Lien of the Indenture shall not have been terminated and fully or discharged, the Indenture Trustee, Trustee designed to effect compliance with then applicable Environmental Laws (as then currently in effect) and the return conditions set forth in this Section 5 as promptly as is reasonably practical (and in any event prior to the expiration of the Project Facility Lease Term) and without materially adversely affecting the continued operation of the ProjectFacility. To the extent that any action (including cleaningclean-up, investigation, abatement, correction, removal or remediation) required to be taken under this Section 5.3(b) cannot reasonably be completed prior to expiration or termination of this Project Facility Lease, the Lessee shall complete such action (including cleaningclean-up, investigation, abatement, correction, removal or remediation) as promptly thereafter as is reasonably practical, and in addition the Lessee shall provide to the Owner Lessor and the Owner Participant and, so long as the Lien of the Indenture shall not have been terminated and fully or discharged, the Indenture Trustee, (x) adequate financial assurance during such period following the end of the Facility Lease Term with respect to the ability of the Lessee (or any other Person responsible therefor) to satisfy such expiration or termination of this Project Lease or (y) an agreement from an entity that meets the Minimum Credit Rating that such obligations shall be satisfiedobligation. The obligations of the Lessee set forth in this Section 5.3(a) and (b) shall survive the termination of this Project Facility Lease and the expiration of the Project Facility Lease Term.