Environmental Responsibilities. Lessee shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized or accessed by Lessee in any manner whatsoever, that was caused by Lessee or any of Lessee's Parties, or caused by any trespasser on the Premises at any time that Lessee was in possession of the Premises. Lessee shall, at Lessee's sole expense, and upon County's demand or demand of any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by Lessee, Lessee's Parties or Lessee's actions or upon any other Airport property occupied, utilized or accessed by Lessee or Lessee's Parties, in any manner whatsoever. If Lessee does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated, and remediated County or any of its agencies may, upon reasonable notice to Lessee (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and Materials at Lessee's sole cost and expense; however, any such action by County or any of its agencies will not release Lessee from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Lessee or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Lessee shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within Applicable Laws.
Appears in 2 contracts
Samples: Agreement of Lease, Agreement of Lease
Environmental Responsibilities. Lessee Concessionaire shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized utilized, or accessed by Lessee Concessionaire in any manner whatsoever, that was caused by Lessee Concessionaire or any of LesseeConcessionaire's Parties, or caused by any trespasser on the Premises at any time that Lessee Concessionaire was in possession of the Premises. Lessee Concessionaire shall, at LesseeConcessionaire's sole expense, and upon County's demand or demand of any County agencies or any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by LesseeConcessionaire, LesseeConcessionaire's Parties Parties, or LesseeConcessionaire's actions actions, or upon any other Airport property occupied, utilized utilized, or accessed by Lessee Concessionaire or LesseeConcessionaire's Parties, in any manner whatsoever. If Lessee Concessionaire does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abatedabated and remediated, and remediated County or any of its agencies may, upon reasonable notice to Lessee Concessionaire (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and Materials at Lessee's sole cost and expenseMaterials; however, any such action by County or any of its agencies will not release Lessee Concessionaire from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Lessee Concessionaire or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Lessee Concessionaire shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within the Applicable Laws. County may pursue damages and any and all other available remedies from Concessionaire if Concessionaire does not comply with any of its obligations.
Appears in 2 contracts
Samples: Concession Lease and Operating Agreement Between Broward County And, Concession Lease and Operating Agreement Between Broward County And
Environmental Responsibilities. Lessee Contractor shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized utilized, or accessed by Lessee Contractor in any manner whatsoever, that was caused by Lessee Contractor or any of LesseeContractor's Parties, or caused by any trespasser on the Premises at any time that Lessee Contractor was in possession of the Premises. Lessee Contractor shall, at LesseeContractor's sole expense, and upon County's demand or demand of any County agencies or any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by LesseeContractor, LesseeContractor's Parties Parties, or LesseeContractor's actions actions, or upon any other Airport property occupied, utilized utilized, or accessed by Lessee Contractor or LesseeContractor's Parties, in any manner whatsoever. If Lessee Contractor does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abatedabated and remediated, and remediated County or any of its agencies may, upon reasonable notice to Lessee Contractor (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and Materials at Lessee's sole cost and expenseMaterials; however, any such action by County or any of its agencies will not release Lessee Contractor from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Lessee Contractor or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Lessee Contractor shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within the Applicable Laws. County may pursue damages and any and all other available remedies from Contractor if Contractor does not comply with any of its obligations.
Appears in 1 contract
Samples: Agreement
Environmental Responsibilities. Lessee shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized or accessed by Lessee in any manner whatsoever, that was caused by Lessee or any of Lessee's Parties, or caused by any trespasser on the Premises at any time that Lessee was in possession of the Premises. Lessee shall, at Lessee's sole expense, and upon County's demand or demand of any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by Lessee, LesseeXxxxxx's Parties or Lessee's actions or upon any other Airport property occupied, utilized or accessed by Lessee or LesseeXxxxxx's Parties, in any manner whatsoever. If Lessee does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated, and remediated County or any of its agencies may, upon reasonable notice to Lessee (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and Materials at Lessee's sole cost and expense; however, any such action by County or any of its agencies will not release Lessee from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Lessee or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Lessee shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within Applicable Laws.
Appears in 1 contract
Samples: Agreement of Lease
Environmental Responsibilities. Lessee shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized or accessed by Lessee in any manner whatsoever, that was caused by Lessee or any of Lessee's Parties, or caused by any trespasser on the Premises at any time that Lessee was in possession of the Premises. Lessee shall, at LesseeXxxxxx's sole expense, and upon County's demand or demand of any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by LesseeXxxxxx, LesseeXxxxxx's Parties or Lessee's actions or upon any other Airport property occupied, utilized or accessed by Lessee or LesseeXxxxxx's Parties, in any manner whatsoever. If Lessee does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated, and remediated County or any of its agencies may, upon reasonable notice to Lessee (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and Materials at Lessee's sole cost and expense; however, any such action by County or any of its agencies will not release Lessee from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Lessee or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Lessee shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within Applicable Laws.
Appears in 1 contract
Samples: Agreement of Lease