Common use of HAZARDOUS SUBSTANCE CONDITIONS Clause in Contracts

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant is legally responsible therefor (in which case Tenant shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Landlord's rights under paragraph 13 and the Hazardous Materials Lease Rider), Landlord may at Landlord's option either (a) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (b) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00), whichever is greater, give written notice to Tenant within thirty (30) days after receipt by Landlord of knowledge of the occurrence of such Hazardous Substance Condition of Landlord's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord elects to give such notice of Landlord's intention to terminate this Lease, Tenant shall have the right, within ten (10) days after the receipt of such notice, to give written notice to Landlord of Tenant's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Tenant's expense and without reimbursement from Landlord except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00), whichever is greater. Tenant shall provide Landlord with the funds required of Tenant or satisfactory assurance thereof within thirty (30) days following Tenant's said commitment. In such event this Lease shall continue in full force and effect, and Landlord shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in Landlord's notice of termination. If a Hazardous Substance Condition occurs for which Tenant is not legally responsible, there shall be abatement of Tenant's obligations under this Lease to the same extent as provided in paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8

Appears in 1 contract

Samples: Industrial Lease (Big Dog Holdings Inc)

AutoNDA by SimpleDocs

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of LandlordLessor's desire to terminate Terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at TenantLessee's expense and without reimbursement from Landlord Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLessee's said commitment. In such event this Lease shall continue in full force and 133 effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate Terminate as of the date specified in LandlordLessor's notice of terminationTermination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there responsible here shall be abatement of TenantLessee's obligations under this Lease to the same extent as provided in paragraph Paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Worldwide Medical Corp/Ca/

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition hazardous substance condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10ten(10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition condition totally at TenantLessee's expense and without reimbursement from Landlord Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant Lessee shall provide Landlord Lessor with the 12 funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLessee's said commitment. In such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in LandlordLessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of TenantLessee's obligations under this Lease to the same extent as provided in paragraph Paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Consolidated Capital of North America Inc

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at TenantLessee's expense and without reimbursement from Landlord Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant , Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLessee's said commitment. In such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in LandlordLessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of TenantLessee's obligations under this Lease to the same extent as provided in paragraph Paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Spectratek Technologies Inc

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor therefore (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS (of $100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at TenantLessee's expense and without reimbursement from Landlord Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLessee's said commitment. In such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in LandlordLessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of TenantLessee's obligations under this Lease to the same extent extend as provided in paragraph 9.6(aParagraph 9.8(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Sublease Agreement (Genoptix Inc)

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law Requirements and this Lease shall continue in full force and effect, but subject MULTI-TENANT - MODIFIED NET Initials: LEW -5- PW to LandlordLessor's rights under paragraph 13 Paragraph 6.2(c) and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00), 100,000 whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving date of such notice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the excess costs of (a) investigation and remediation of such Hazardous Substance Condition totally at Tenant's expense and without reimbursement from Landlord except to the extent of required by Applicable Requirements, over (b) an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following Tenant's said commitmentcommitment by Lessee. In such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and after the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times time period specified above, this Lease shall terminate as of the date specified in LandlordLessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant is not legally responsible, there shall be abatement of Tenant's obligations under this Lease to the same extent as provided in paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Lease Agreement (3dshopping Com)

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant is legally responsible therefor (in which case Tenant shall make the investigation and remediation thereof required by Applicable Law applicable law and this Lease shall continue in full force and effect, but subject to Landlord's rights under paragraph 13 and the Hazardous Materials Lease Rider), . Landlord may at Landlord's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost costs to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant within thirty (30) days after receipt by Landlord of knowledge of the occurrence of such Hazardous Substance Condition of Landlord's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord elects to give such notice of Landlord's intention to terminate this Lease, Tenant shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord of Tenant's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Tenant's expense and without reimbursement from Landlord except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant shall provide Landlord with the funds required of Tenant or reasonably satisfactory assurance thereof within thirty (30) days following Tenant's said commitment. In such event this Lease shall continue in full force and effect, effect and Landlord shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant does not give such notice and provide the required funds or reasonable assurance thereof within the times specified above, this Lease shall terminate as of the date specified in Landlord's notice of termination. If a Hazardous Substance Condition occurs for which Tenant is not legally responsible, there shall be abatement of Tenant's obligations under this Lease to the same extent as provided in paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.813.5.

Appears in 1 contract

Samples: Lease Agreement (Leslies Poolmart)

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord . Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, required as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at TenantLessee's expense and without reimbursement from Landlord Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLessee's said commitment. In such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall s terminate as of the date specified in LandlordLessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of TenantLessee's obligations under this Lease to the same extent as provided in paragraph Paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Work Letter Agreement (Cmgi Inc)

AutoNDA by SimpleDocs

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant is legally responsible therefor Lessee has caused it (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at TenantLessee's expense and without reimbursement from Landlord except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLessee's said commitment. In such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in LandlordLessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of TenantLessee's obligations under this Lease to the same extent as provided in paragraph Paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Packeteer Inc

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous hazardous Substance Condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at TenantLessee's expense and without reimbursement from Landlord Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLessee's said commitment. In such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in Landlordlessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of TenantLessee's obligations under this Lease to the same extent as provided in paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Modtech Inc

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of LandlordLxxxxx's intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLxxxxx's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at TenantLessee's expense and without reimbursement from Landlord Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLxxxxx's said commitment. In , in such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in LandlordLessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of TenantLxxxxx's obligations under this Lease to the same extent as provided in paragraph Paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Pacific Research & Engineering Corp

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant Lessee is legally responsible therefor (in which case Tenant Lessee shall make the investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LandlordLessor's rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at LandlordLessor's option either (ai) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of LandlordLessor's desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of Landlord's Lessors intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at TenantLessee's expense and without reimbursement from Landlord Lessor except to the extent [illegible] of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is greater. Tenant , Lessee shall provide Landlord Lessee with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following TenantLessee's said commitment. In such event this Lease shall continue in full force and effect, effect and Landlord Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in LandlordLessor's notice of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of TenantLessee's obligations under this Lease to the same extent as provided in paragraph Paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Leap Wireless International Inc)

HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs, unless Tenant is Lessee Is legally responsible therefor (in which case Tenant Lessee shall make the investigation Investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Landlord's Lessor’s rights under paragraph 13 and the Hazardous Materials Lease RiderParagraph 13), Landlord Lessor may at Landlord's Lessor’s option either (a1) investigate Investigate and remediate such Hazardous Substance Condition, if H required, as soon as reasonably possible at Landlord's Lessor’s expense, in In which event this Lease shall continue in full force and effect, or (bii) if the estimated cost to investigate Investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent Rant or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is Is greater, give written notice to Tenant Lessee within thirty (30) days after receipt by Landlord Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Landlord's Lessor’s desire to terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord Lessor elects to give such notice of Landlord's Lessor’s intention to terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice node@ to Landlord Lessor of Tenant's Lessee’s commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Tenant's Lessee’s expense and without reimbursement from Landlord Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)100,000, whichever is Is greater. Tenant Lessee shall provide Landlord Lessor with the funds required of Tenant Lessee or satisfactory assurance thereof within thirty (30) days following Tenant's Lessee’s said commitment. In such event this Lease shall continue in In full force and effect, and Landlord Lessor shall proceed to make such investigation Investigation and remediation as soon as reasonably possible and the required funds are available. If Tenant Lessee does not give such notice and provide the required funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in Landlord's notice In Lessor’s nodes of termination. If a Hazardous Substance Condition occurs for which Tenant Lessee is not legally responsible, there shall be abatement of Tenant's Lessee’s obligations under this Lease to the same extent as provided in paragraph Paragraph 9.6(a) for a period of not to exceed twelve (12) months. 9.8.

Appears in 1 contract

Samples: Invivo Corp

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!