Exit Baseline. (1) Without limiting any other term or provision hereof, all the obligations of the Lessee under this Section shall survive the expiration or termination of the letting of the Premises or any portion thereof, provided, however, the Lessee shall not be responsible for any Hazardous Substances in, on, under or about the Premises which the Lessee can prove occurred after the date that the Lessee shall have surrendered the Premises to the Port Authority and were not due to the acts or omissions of the Lessee.
Exit Baseline. Between the eighth (8th) and sixth (6th) months immediately preceding the Expiration Date or within three months after the effective date of the termination the letting hereunder, as the case may be, the Lessee shall at its sole cost and expense sample and test the soil and ground water in, on and under the Premises to investigate known or suspected areas used or occupied by any Lessee-Related Entity in connection with this Agreement within which Hazardous Substances have been stored, used or Released during the Term to determine whether Releases have occurred for which Lessee is responsible for Remediation under this Agreement, and investigate other areas, in each case as may be necessary to confirm on a fair and representative basis that there are no undiscovered Releases for which Lessee is responsible. Such investigation shall be conducted by: (1) collecting samples at the locations identified in a work plan to be approved by the Port Authority prior to implementation that identifies a fair and representative number of locations to sample for the presence of Hazardous Substances at the Premises, and at any other locations within the Airport utilized by a Lessee-Related Entity, to identify areas at which further investigation or Remediation may be required by the Lessee under this Agreement, provided that if a structure or improvement is constructed over an area (“Covered Area”), sampling shall not be performed at the Covered Area if such sampling would compromise the integrity of a structure or damage a structure in a manner that cannot be reasonably repaired, but shall be performed at an alternative location on the Premises adjacent to and representative of conditions on the Covered Area, and (2) analyzing the samples for constituents that would reasonably be expected to have been present on the Premises or were used by Lessee on the Premises; (3) analyzing the samples for constituents that, according to information in the Baseline Environmental Assessment, were Released in soil or groundwater on the Premises before the Term, or were released or identified during the Term, as identified in reports submitted by the Lessee to the Port Authority, or identified independently by the Port Authority, and (4) otherwise using methodology and procedures reasonably designed to determine whether Hazardous Substances are present for which Lessee has an obligation to perform Remediation under Section 76(f)(2) or (3). All such sampling, testing and the preparation o...
