Common use of Indemnified Rights/Cooperation and Access Clause in Contracts

Indemnified Rights/Cooperation and Access. In the event that Lender reasonably believes that there is a violation of Environmental Law at the Property that will have a Material Adverse Effect, or that endangers any tenants or other occupants of such Property, upon reasonable notice from Lender, Indemnitor shall promptly cause an engineer or consultant satisfactory to Lender to conduct an environmental assessment or audit to assess any and all aspects of the condition giving rise to such belief (the scope of which shall be determined in the reasonable discretion of Lender) and take any samples of soil, groundwater or other water, air, or building materials or any other invasive testing requested by Lender and promptly deliver the results of any such assessment, audit, sampling or other testing to Lender; provided, however, that, if such results are not delivered to Lender within a reasonable period, upon reasonable notice to Indemnitor, Lender and any other Person designated by Lender, including but not limited to any receiver, any representative of a Governmental Authority, and any environmental consultant shall have the right, but not the obligation, to enter upon the Property at all reasonable times (subject to the rights of tenants) to assess any and all aspects of the environmental condition of the applicable Property, including but not limited to, by conducting any environmental assessment or audit (the scope of which shall be determined in the reasonable discretion of Lender) and taking samples of soil, groundwater or other water, air, or building materials, and reasonably conducting other invasive testing. Indemnitor shall cooperate with and provide, upon advance notice to each of them, Lender and any such Person designated by Lender with such access to the Property.

Indemnified Rights/Cooperation and Access. In the event the Indemnified Parties have reason to believe that Lender reasonably believes that there is a violation of Environmental Law at an environmental hazard exists on the Property that will have a Material Adverse Effect, or that endangers any tenants or other occupants of such Property, and upon reasonable notice from Lenderthe Indemnitee, Indemnitor shall shall, at Indemnitor's expense, promptly cause an engineer or consultant reasonably satisfactory to Lender the Indemnified Parties to conduct an any environmental assessment or audit to assess any and all aspects of the condition giving rise to such belief (the scope of which shall be determined in the reasonable sole and absolute discretion of Lenderthe Indemnified Parties) and take any samples of soil, groundwater or other water, air, or building materials or any other invasive testing requested by Lender Indemnitee and promptly deliver the results of any such assessment, audit, sampling or other testing to Lendertesting; provided, however, that, if such results are not delivered to Lender the Indemnified Parties within a reasonable period, period and upon reasonable notice to Indemnitor, Lender the Indemnified Parties and any other Person designated by Lenderthe Indemnified Parties, including but not limited to any receiver, any representative of a Governmental Authoritygovernmental entity, and any environmental consultant consultant, shall have the right, but not the obligation, to enter upon the Property at all reasonable times (subject to the rights of tenants) to assess any and all aspects of the environmental condition of the applicable PropertyProperty and its use, including but not limited to, by to conducting any environmental assessment or audit (the scope of which shall be determined in the reasonable sole and absolute discretion of Lenderthe Indemnified Parties) and taking samples of soil, groundwater or other water, air, or building materials, and reasonably conducting other invasive testing. Indemnitor shall cooperate with and provide, upon advance notice to each of them, Lender provide the Indemnified Parties and any such Person designated by Lender the Indemnified Parties with such access to the Property.

Indemnified Rights/Cooperation and Access. In the event that Lender reasonably believes that there is a violation of Environmental Law at the Property that will have a Material Adverse Effect, or that endangers any tenants or other occupants of such Property, upon reasonable notice from Lender, Indemnitor shall promptly cause an engineer or consultant satisfactory to Lender to conduct an environmental assessment or audit to assess any and all aspects of the condition giving rise to such belief (the scope of which shall be determined in the reasonable discretion of Lender) and take any samples of soil, groundwater or other water, air, or building materials or any other invasive testing requested by Lender and promptly deliver the results of any such assessment, audit, sampling or other testing to Lender; Lender provided, however, that, if such results are not delivered to Lender within a reasonable period, upon reasonable notice to Indemnitor, Lender and any other Person designated by Lender, including but not limited to any receiver, any representative of a Governmental Authority, and any environmental consultant shall have the right, but not the obligation, to enter upon the Property at all reasonable times (subject to the rights of tenantstenants and upon reasonable notice to Indemnitor) to assess any and all aspects of the environmental condition of the applicable Property, including but not limited to, by conducting any environmental assessment or audit (the scope of which shall be determined in the reasonable discretion of Lender) and taking samples of soil, groundwater or other water, air, or building materials, and reasonably conducting other invasive testing. Indemnitor shall cooperate with and provide, upon advance notice to each of them, Lender and any such Person designated by Lender with such access to the Property.