Common use of Environmental Risk Management Clause in Contracts

Environmental Risk Management. (a) Manager shall not place or cause to be placed on the Property, other than in the ordinary course of performing its obligations under this Agreement and in compliance with applicable law, any hazardous or toxic wastes or substances, as such terms are defined by federal, state or municipal statutes or regulations promulgated thereunder (collectively, “Hazardous Materials”). If Manager discovers the existence of any Hazardous Materials on the Property, Manager shall immediately notify Owner. If such Hazardous Materials were placed or caused to be placed on the Property by Manager other than in the ordinary course of performing its obligations under this Agreement and in compliance with applicable law, Manager shall, at its cost, diligently arrange for and complete the immediate removal thereof in accordance with applicable laws and Owner’s directions. Except as expressly provided herein to the contrary, Manager shall not be responsible for any Hazardous Materials present on the Property prior to the Effective Date hereof, unless deposited thereon by Manager, nor shall Manager be responsible for any Hazardous Materials brought onto the Property by any person or entity other than Manager. Manager shall immediately notify Owner of any notice received by Manager from any governmental authority of any actual or threatened violation of any applicable laws, regulations or ordinances governing the use, storage or disposal of any Hazardous Materials and shall cooperate with Owner in responding to such notice and correcting or contesting any alleged violation at Owner’s expense. (b) Owner acknowledges that Manager is not an environmental consultant and does not have expertise or qualifications in the field of Hazardous Materials. Therefore, with respect to any environmental conditions or issues pertaining to Hazardous Materials at the Property, Owner agrees that Manager and its officers, directors, agents, partners, shareholders and employees are not and shall not be deemed “operators” of the Property or any tenant operations therein or thereon (or have any comparable legal status) for purposes of any federal, state or local laws regarding Hazardous Materials. Furthermore, unless agreed to in a separate written document signed by Owner and Manager, Manager shall not be responsible for the storage, transportation, disposal, abatement, cleanup or removal of Hazardous Materials on, in or at the Property, except as expressly provided above. (c) Owner agrees to notify Manager if Owner becomes aware of the presence of any Hazardous Materials on, in or at the Property. Owner authorizes Manager to disclose to existing and potential tenants Owner’s information regarding the presence of Hazardous Materials on, in or at the Property.

Environmental Risk Management. (aA) Property Manager shall not place or cause to be placed on the Property, other than in the ordinary course of performing its obligations under this Agreement and in compliance with applicable law, any hazardous or toxic wastes or substances, as such terms are defined by federal, state or municipal statutes or regulations promulgated thereunder (collectively, “Hazardous Materials”). If Property Manager discovers the existence of any Hazardous Materials on the Property, Property Manager shall immediately notify Owner. If such Hazardous Materials were placed or caused to be placed on the Property by Property Manager other than in the ordinary course of performing its obligations under this Agreement and in compliance with applicable law, Property Manager shall promptly notify Owner in writing thereof and, at Owner’s option, shall, at its Property Manager’s cost, diligently arrange for and complete the immediate removal thereof in accordance with applicable laws and Owner’s directions. Except as expressly provided herein to the contrary, Property Manager shall not be responsible for any Hazardous Materials present on the Property prior to the Effective Date hereof, unless deposited thereon by Property Manager, nor shall Property Manager be responsible for any Hazardous Materials brought onto the Property by any person or entity other than Property Manager. Property Manager shall immediately notify Owner of any notice received by Property Manager from any governmental authority of any actual or threatened violation of any applicable laws, regulations or ordinances governing the use, storage or disposal of any Hazardous Materials and shall cooperate with Owner in responding to such notice and correcting or contesting any alleged violation at Owner’s expense. (bB) Owner acknowledges that Property Manager is not an environmental consultant and does not have expertise or qualifications in the field of Hazardous Materials. Therefore, with respect to any environmental conditions or issues pertaining to Hazardous Materials at the Property, Owner agrees that Property Manager and its officers, directors, agents, partners, shareholders and employees are not and shall not be deemed “operators” of the Property or any tenant operations therein or thereon (or have any comparable legal status) for purposes of any federal, state or local laws regarding Hazardous Materials. Furthermore, unless agreed to in a separate written document signed by Owner and Property Manager, Property Manager shall not be responsible for the storage, transportation, disposal, abatement, cleanup or removal of Hazardous Materials on, in or at the Property, except as expressly provided above. (cC) Owner agrees to notify Property Manager if Owner becomes aware of the presence of any Hazardous Materials on, in or at the Property. Owner authorizes Manager to disclose to existing and potential tenants Owner’s information regarding the presence of Hazardous Materials on, in or at the Property.

Environmental Risk Management. Notwithstanding anything to the contrary contained herein, but subject to the further provisions of this Section 3.15, Owner acknowledges and understands that Manager is not responsible to: (a1) Manager shall not place evaluate the presence or cause to be placed on the Property, other than in the ordinary course absence of performing its obligations under this Agreement and in compliance with applicable law, any hazardous or toxic wastes or substances, as such terms are defined by federalmold, state waste, materials, electromagnetic field, radon, or municipal statutes radioactive materials upon, within, above, or regulations promulgated thereunder beneath the Property; (collectively2) maintain or evaluate compliance with environmental, hazardous or solid materials or waste laws, rules and regulations; or (3) conduct or ensure clean-up or remediation of hazardous materials spills or contamination. ​ a. Accordingly, Manager’s obligations to Owner with respect to the presence of hazardous or toxic substances, mold, waste (including solid waste), gas, liquid, materials, electromagnetic fields, radon, lead, asbestos, radioactive materials, or other environmental concerns upon, within, above, or beneath the Property (hereinafter collectively “Hazardous Materials”), and/or with the compliance and enforcement of federal, state, and local laws, rules, regulations, directives, ordinances, and requirements relating to Hazardous Materials (hereinafter collectively “Hazardous Materials Laws”) shall be subject to, conditioned upon, and limited by the following: ​ i. To the extent desired by Owner, Manager shall, at Owner’s sole discretion and expense, obtain from an independent environmental consultant retained by Owner, an environmental assessment report on the Property, and shall have such assessment report periodically updated by such environmental consultant based upon the consultant’s inspections of the Property, including tenant spaces. If ​ ​ ii. In no event will Manager discovers make an independent determination as to the existence presence or absence of Hazardous Materials, or whether the Property or any particular tenant space is in violation or compliance with any Hazardous Materials on Laws; provided, however, in the event Manager observes or otherwise becomes aware of any tenants, or any other persons, using, dumping, releasing, or discharging Hazardous Materials at the Property, Manager shall immediately promptly notify Owner. If Manager may seek, on Owner’s behalf and at Owner’s expense, to enforce a tenant’s compliance with any Hazardous Materials Laws in accordance with the environmental consultant’s recommendations contained in the environmental assessment report. Manager shall not, and shall have no obligation to, determine whether or not Owner, any tenants, the Property, or any proportion thereof is in compliance with Hazardous Materials Laws. ​ iii. Manager shall be responsible for any Hazardous Materials which it or its employees and/or agents use or introduce to the Property, including storage, containment, removal, or remediation as required by applicable law. To the extent Hazardous Materials (such as cleaning supplies or fuel) are required by Manager in the discharge of its duties under this Agreement, Manager shall use and store quantities of such Hazardous Materials were placed or caused to be placed on the Property by Manager other than in the ordinary course as are permitted under applicable law and any Financing Documents, and shall store, use and dispose of performing its obligations under this Agreement and in compliance with applicable law, Manager shall, at its cost, diligently arrange for and complete the immediate removal thereof such Hazardous Materials in accordance with applicable laws and Owner’s directionsany Financing Documents. Except as expressly provided herein ​ iv. Manager shall have absolutely no responsibility or obligation with respect to the contraryabatement, Manager shall not be responsible for clean-up or remediation of any spill of or contamination from any Hazardous Materials present on upon, beneath, or within all, or any portion, of the Property prior to the Effective Date hereof, unless deposited thereon by Manager, nor shall Manager be responsible for any (other than Hazardous Materials brought onto the Property by any person introduced, used or entity other than Manager. Manager shall immediately notify Owner of any notice received stored by Manager from any governmental authority of any actual or threatened violation of any applicable lawsits employees and/or agents), regulations and the entire responsibility for such clean-up, abatement, or ordinances governing the useremediation shall lie with Owner and Owner’s environmental consultant. However, storage or disposal of any Hazardous Materials and Manager shall cooperate with Owner in responding to such notice coordinating and correcting supervising any abatement, clean-up, monitoring or contesting any alleged violation at Owner’s expense. (b) remedial action on the Property site. Owner acknowledges that Manager is not an environmental consultant and does not have expertise or qualifications in the field of Hazardous Materials. Thereforeagrees that, with respect to any environmental conditions abatement, clean-up, or issues pertaining to Hazardous Materials at the Propertyremedial action, Owner agrees that Manager shall employ a licensed environmental clean-up company to undertake such clean-up and its officersremediation, directorsand Owner’s or it’s Xxxxxx’s environmental consultant, agentsas the case may be, partnersshall oversee the entire abatement, shareholders clean-up and employees are not remediation process and shall not be deemed “operators” the obtaining of any required governmental approvals. If the clean-up or remediation is the responsibility of any tenant of the Property or any tenant operations therein or thereon (or have any comparable legal status) for purposes of any federal, state or local laws regarding Hazardous Materials. Furthermore, unless agreed to in a separate written document signed by Owner and Managerand/or Owner’s environmental consultant, Manager shall not be responsible for shall, on Owner’s behalf, require the storage, transportation, disposal, abatement, cleanup or removal of tenant to utilize qualified and licensed environmental clean-up companies and that the clean-up and remediation is conducted to Owner’s satisfaction and in accordance with all Hazardous Materials onLaws, in governmental laws and approvals of which Manager is aware. ​ b. Owner has provided Manager a copy of its most current Phase I survey covering the Property (which was conducted within the prior three (3) year period) and has implemented or at the Property, except as expressly provided above. will implement within thirty (c30) Owner agrees to notify Manager if Owner becomes aware days of the presence of any Hazardous Materials on, in or at the PropertyEffective Date an operations and maintenance program consistent with market standards. Owner authorizes Manager to disclose to existing and potential tenants Owner’s information regarding the presence of Hazardous Materials on, in or at the Property.​