Common use of ENVIRONMENTAL VIOLATIONS AT EXPIRATION OR TERMINATION OF LEASE Clause in Contracts

ENVIRONMENTAL VIOLATIONS AT EXPIRATION OR TERMINATION OF LEASE. Notwithstanding any other provision of this Lease (except the last sentence of Section 10.7), if, at a time when the Term would otherwise terminate or expire, a violation of any Environmental Law has been asserted by Landlord and has not been resolved in a manner reasonably satisfactory to Landlord, or has been acknowledged by Tenant to exist or has been found to exist at the Property or has been asserted by any governmental authority and Tenant's failure to have completed all action required to correct, xxxxx or remediate such a violation of any Environmental Law materially impairs the leasability of the Property upon the expiration of the Term, then, at the option of Landlord, the Term shall be automatically extended with respect to the Property beyond the date of termination or expiration and this Lease shall remain in full force and effect under the same terms and conditions beyond such date with respect to the Property until the earlier to occur of (i) the completion of all remedial action in accordance with applicable Environmental Laws or (ii) 12 months beyond such expiration or termination date; PROVIDED, that Tenant may, upon any such extension of the Term, terminate the Term by paying to Landlord such amount as is necessary in the reasonable judgment of Landlord to complete or perform such remedial action.

Appears in 9 contracts

Samples: Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc), Pledge Agreement (Golf Trust of America Inc)

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ENVIRONMENTAL VIOLATIONS AT EXPIRATION OR TERMINATION OF LEASE. Notwithstanding any other provision of this Lease (except the last sentence of Section 10.7), if, at a time when the Term would otherwise terminate or expire, a violation of any Environmental Law has been asserted by Landlord and has not been resolved in a manner reasonably satisfactory to Landlord, or has been acknowledged by Tenant to exist or has been found to exist at the Property or has been asserted by any governmental authority and Tenant's failure to have completed all action required to correct, xxxxx or remediate such a violation of any Environmental Law materially impairs the leasability of the Property upon the expiration of the Term, then, at the option of Landlord, the Term shall be automatically extended with respect to the Property beyond the date of termination or expiration and this Lease shall remain in full force and effect under the same terms and conditions beyond such date with respect to the Property until the earlier to occur of (i) the completion of all remedial action in accordance with applicable Environmental Laws or (ii) 12 months beyond such expiration or termination Termination date; PROVIDED, that Tenant may, upon any such extension of the Term, terminate the Term by paying to Landlord such amount as is necessary in the reasonable judgment of Landlord to complete or perform such remedial action.

Appears in 4 contracts

Samples: Lease (Golf Trust of America Inc), Pledge Agreement (Golf Trust of America Inc), Pledge Agreement (Golf Trust of America Inc)

ENVIRONMENTAL VIOLATIONS AT EXPIRATION OR TERMINATION OF LEASE. Notwithstanding any other provision of this Lease (except the last sentence of Section 10.710.2), if, at a time when the Term would otherwise terminate or expire, a violation of any Environmental Law has been asserted by Landlord and has not been resolved in a manner reasonably satisfactory to Landlord, or has been acknowledged by Tenant to exist or has been found to exist at the Property or has been asserted by any governmental authority and Tenant's failure to have completed all action required to correct, xxxxx or remediate such a violation of any Environmental Law materially impairs the leasability of the Property upon the expiration of the Term, then, at the option of Landlord, the Term shall be automatically extended with respect to the Property beyond the date of termination or expiration and this Lease shall remain in full force and effect under the same terms and conditions beyond such date with respect to the Property until the earlier to occur of (i) the completion of all remedial action in accordance with applicable Environmental Laws or (ii) 12 months beyond such expiration or termination date; PROVIDED, that Tenant may, upon any such extension of the Term, terminate the Term by paying to Landlord such amount as is necessary in the reasonable judgment of Landlord to complete or perform such remedial action.

Appears in 3 contracts

Samples: Lease (Golf Trust of America Inc), Secondary Collateral Pledge Agreement (Golf Trust of America Inc), Lease (Golf Trust of America Inc)

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ENVIRONMENTAL VIOLATIONS AT EXPIRATION OR TERMINATION OF LEASE. Notwithstanding any other provision provisions of this Lease (except the last sentence of Section 10.7)Lease, if, at a time when the Term would otherwise terminate or expire, a violation of any Environmental Law has been asserted by Landlord and has not been resolved in a manner reasonably satisfactory to Landlord, or has been acknowledged by Tenant to exist or has been found to exist at the Leased Property or has been asserted by any governmental authority and Tenant's failure to have completed all action required to correct, xxxxx or remediate such a violation of any Environmental Law materially impairs the leasability of the Leased Property upon the expiration of the Term, then, at the option of Landlord, the Term shall be automatically extended with respect to the Leased Property beyond the date of termination or expiration and this Lease shall remain in full force and effect under the same terms and conditions beyond such date with respect to the Property until the earlier to occur of (i) the completion of all remedial action in accordance with applicable Environmental Laws or (ii) 12 months beyond such expiration or termination dateLaws; PROVIDEDprovided, however, that Tenant may, upon any such extension of the Term, terminate the Term by paying to the Landlord such amount as is necessary in the reasonable judgment of Landlord to complete or perform such remedial action, which amount shall be held in escrow for remediation on terms and conditions reasonably acceptable to Landlord and Tenant; any amount not required for remediation shall be remitted to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Eldertrust)

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