Common use of Exacerbation Clause in Contracts

Exacerbation. If Tenant exacerbates a Pre-Existing Condition (as a result of Tenant's investigative or remedial activities or otherwise) during the Lease Term, the provisions of this Article XXX shall apply to such exacerbation of the Pre-Existing Condition as if it were an Environmental Condition, and Tenant shall perform Environmental Remediation as to such exacerbation. Tenant shall be responsible for all fines and penalties caused by Tenant or to the extent exacerbated by Tenant at any time during the Lease Term.

Appears in 2 contracts

Samples: Industrial Building Lease (Specialty Equipment Companies Inc), Industrial Building Lease (Neoforma Com Inc)

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Exacerbation. If Tenant exacerbates a Pre-Existing Condition (as a .a result of Tenant's investigative or remedial activities or otherwise) during the Lease Term, the provisions of this Article XXX XXXII shall apply to such such~ exacerbation of the Pre-Existing Condition as if it were an Environmental Condition, and Tenant shall perform Environmental Remediation as to such exacerbation. Tenant shall be responsible for all fines and penalties caused by Tenant or to the extent exacerbated by Tenant at any time during the Lease Term.

Appears in 1 contract

Samples: Industrial Building Lease (Eagle Test Systems, Inc.)

Exacerbation. If Tenant exacerbates a Pre-Existing Condition of which it is aware (including as a result of Tenant's investigative or remedial activities or otherwiseremediation activities) during the Lease Termterm, that the provisions of this Article XXX shall apply to such exacerbation of the Pre-Existing Condition as if it were an Environmental Condition, and Tenant shall perform Environmental Remediation as to such exacerbation. Tenant shall be responsible for all fines and penalties caused by Tenant or to the extent exacerbated by Tenant (including Tenants environmental investigation or remediation activities) at any time during the Lease Term.

Appears in 1 contract

Samples: Office and Industrial Building Lease (Ha Lo Industries Inc)

Exacerbation. If Tenant exacerbates a known Pre-Existing Condition (as a result of Tenant's investigative or remedial activities or otherwise) during the Lease Term, the provisions of this Article XXX XXXII shall apply to such exacerbation of the Pre-Existing Condition as if it were an Environmental Condition, and Tenant shall perform Environmental Remediation as to such exacerbation. Tenant shall be responsible for all fines and penalties caused by Tenant or to the extent exacerbated by Tenant at any time during the Lease Term.

Appears in 1 contract

Samples: Industrial Building Lease (Nanophase Technologies Corporation)

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Exacerbation. If Tenant exacerbates a Pre-known Pre- ------------ Existing Condition (including as a result of Tenant's investigative or remedial activities or otherwiseremediation activities) during the Lease Termterm, that the provisions of this Article XXX shall apply to such exacerbation of the Pre-Existing Condition as if it were an Environmental Condition, and Tenant shall perform Environmental Remediation as to such exacerbation. Tenant shall be responsible for all fines and penalties caused by Tenant or to the extent exacerbated by Tenant (including Tenant's environmental investigation or remediation activities) at any time during the Lease Term.

Appears in 1 contract

Samples: Building Lease (Exodus Communications Inc)

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