ENVIRONMENTAL SAFETY AND FUNGAL GROWTH Sample Clauses

ENVIRONMENTAL SAFETY AND FUNGAL GROWTH. Except as disclosed in the Schedule I – Environmental Disclosure attached to this Lease, the Landlord, to the best of its knowledge, represents and warrants to the Tenant that the Building is in material compliance with all Environmental Laws, and the Landlord will endeavour to maintain the Building's compliance with Environmental Laws. The Landlord further represents and warrants that the Building is free of any mould or fungal growth and of any conditions which might reasonably be expected to give rise to such mould or fungal growth, and the Landlord covenants that it will ensure that the Premises are kept free of any such mould or fungal growth and of such conditions. The Tenant will notify the Landlord in writing within THIRTY (30) days after discovery of any inaccuracy in the foregoing representations and warranties. The Tenant and the Landlord will each comply with all Environmental Laws, including with respect to Hazardous Substances, on, in, or under the Building or the Land, and the Tenant and the Landlord will each be responsible for their failure to do so. The Landlord and the Tenant will each give notice to the other of any discovery of failure by the other party to comply with this obligation, and each has the right, but not the obligation and without incurring any liability, to remedy such default by the other party if the defaulting party has not done so within a reasonable period of time. Tenant's costs of remedying Default will be deducted from Rent, and Landlord's costs of remedying Default will be added to Rent. In the event that the parties acting reasonably determine that it is necessary to vacate all or a portion of the Premises during any remediation work being carried out by the Landlord or the Tenant, the Rent and all other amounts payable by the Tenant under this Lease will xxxxx during such period in that proportion that the area of the portion of the Premises which has been vacated bears to the total area of the Premises except of such work is required due to contamination caused by the Tenant. The parties acknowledge and agree that it is difficult to determine with any objective certainty whether any mould or fungal growth may exist which may affect the health of any person using the Premises or whether any conditions may exist which may give rise to such mould or fungal growth. Accordingly, the parties agree that the Tenant's decisions with respect to such matters will be confirmed by an environmental consultant that is listed...