Common use of Inspection and Remedial Action Clause in Contracts

Inspection and Remedial Action. Landlord is hereby authorized to enter the Premises at reasonable times, and after reasonable notice, for the purpose of inspecting the Premises, to ascertain Tenant's compliance with all covenants made in this Paragraph IV(3). Upon Landlord's written request: (i) Tenant, through professional engineers approved by Landlord and at Tenant's cost, shall thoroughly investigate suspected Hazardous Substances contamination of the Premises, Building or Land, occurring after the Commencement Date, and caused by a breach of Tenant's covenant at Paragraph IV(3)(b), and (ii) Tenant shall forthwith take such remedial action with respect to any such contamination described in clause (i) as may be necessary to ensure that no such Hazardous Substances are present on the Premises or in the groundwater of the Premises, Building or Land in quantities or concentrations that exceed amounts allowed by applicable law. Tenant's obligations under this Paragraph shall arise upon Landlord's demand as provided herein, regardless of whether the EPA or any other federal, state, or local agency or governmental authority has taken or threatened any action in connection with the presence of any Hazardous Substance on, or release of any Hazardous Substance from, the Premises, Building or the Land. If Tenant shall fail promptly to discharge its obligations under this Paragraph, Landlord may, at its election, but without the obligation to do so, cause such investigation to be made or remedial action to be taken and/or take any and all other actions that Landlord may deem necessary or advisable to protect its interests or to avoid or minimize its liability for the existence of Hazardous Substances on the Premises, Building or the Land, or for a release thereof from the Premises, Building or Land. All amounts expended by Landlord under this Paragraph shall be payable by Tenant to Landlord upon demand.

Inspection and Remedial Action. Landlord is hereby authorized to enter the Premises at reasonable times, and after reasonable notice, subject to Tenant’s confidentiality, security and health and safety protocols, for the purpose of inspecting the Premises, to ascertain Tenant's ’s compliance with all covenants made in this Paragraph IV(3)Section. Upon Landlord's ’s written request: request if Landlord has reasonable evidence that Tenant has breached its covenants in Section 5.3.1 above, (ia) Tenant, through professional engineers approved by Landlord and at Tenant's cost’s cost (to the extent conclusive evidence of Tenant’s breach of such covenants is found, but otherwise at Landlord’s sole cost and expense), shall thoroughly investigate suspected Hazardous Substances contamination of the Premises, Building Premises or Land, occurring after the Commencement Date, and Project purported to have been caused by a breach of any of Tenant's covenant at Paragraph IV(3)(b)’s covenants in Section 5.3.1, and (iib) if such investigation indicates that Tenant has so breached such covenants, Tenant shall forthwith take such remedial action with respect to any such contamination described in clause (i) as may be necessary to ensure that no entirely remove and clean up all such Hazardous Substances are present on discharged by Tenant at the Premises Project or into related groundwater in the groundwater breach of the Premises, Building or Land in quantities or concentrations that exceed amounts allowed by applicable law. Tenant's ’s obligations under this Paragraph shall arise Section 5.3; otherwise, such investigation will be at Landlord’s sole cost and expense. Landlord’s and Tenant’s obligations under this Section 5 are not dependent upon Landlord's demand as provided herein, regardless of whether the EPA or any other federal, state, or local agency or governmental authority has taken or threatened any action in connection with the presence of any Hazardous Substance on, or release of any Hazardous Substance from, the PremisesProject; provided, Building however, that when Landlord is required to remediate Hazardous Substances under Section 5.3.6 below, Landlord shall be required to perform only such remediation as may be required by such an authority or as is required pursuant to Section 5.3.6. Notwithstanding any provisions to the Landcontrary in this Lease, Tenant shall indemnify, defend and hold free and harmless the Landlord and each of Landlord’s direct or indirect members, representatives, affiliates, employees, attorneys and agents for, from, against and regarding any claims, losses, expenses or damages, suits or procedures to the extent attributable to action, refusal, negligence or failure on the part of the Tenant to comply with Environmental Laws. If Tenant shall fail promptly to discharge its obligations under this ParagraphSection, Landlord may, at its election, but without the obligation to do so, cause such investigation to be made or remedial action to be taken and/or take any and all other actions that Landlord may deem necessary or advisable to protect its interests or to avoid or minimize its liability for the existence of Hazardous Substances on at the Premises, Building or the LandProject, or for a release thereof from the Premises, Building or LandProject. All amounts reasonably expended by Landlord under this Paragraph Section in connection with a breach by Tenant of its obligations under this Section shall be payable by Tenant to Landlord upon demand.

Inspection and Remedial Action. Landlord is hereby authorized to enter the Premises thereon at reasonable times, and after reasonable notice, for the purpose of inspecting the Premises, to ascertain Tenant's ’s compliance with all covenants made in this Paragraph IV(3)Section. Upon Landlord's ’s written request: request (ia) Tenant, through professional engineers approved by Landlord and at Tenant's ’s cost, shall thoroughly investigate suspected Hazardous Substances contamination of the Premises, Building or Land, Premises occurring after the Commencement Date, or of the Building or Land and caused by a breach of Tenant's ’s covenant at Paragraph IV(3)(b)Section 5.3.1, and (iib) Tenant shall forthwith take such remedial action with respect to any such contamination described in clause (i) as may be necessary to ensure that no such Hazardous Substances are present on the Premises or in the groundwater of the Premises, Building or Land in quantities or concentrations that exceed amounts allowed by applicable law. Tenant's ’s obligations under this Paragraph Section shall arise upon Landlord's ’s demand as provided herein, regardless of whether the EPA or any other federal, state, or local agency or governmental authority has taken or threatened any action in connection with the presence of any Hazardous Substance on, or release of any Hazardous Substance from, the Premises, Building or the Land. If Tenant shall fail promptly to discharge its obligations under this ParagraphSection, Landlord may, at its election, but without the obligation to do so, cause such investigation to be made or remedial action to be taken and/or take any and all other actions that Landlord may deem necessary or advisable to protect its interests or to avoid or minimize its liability for the existence of Hazardous Substances on the Premises, the Building or the Land, or for a release thereof from the Premises, the Building or Land. All amounts expended by Landlord under this Paragraph Section shall be payable by Tenant to Landlord upon demand.

Inspection and Remedial Action. Landlord is hereby authorized to enter the Premises at reasonable times, and after reasonable notice, for the purpose of inspecting the Premises, to ascertain Tenant's ’s compliance with all covenants made in this Paragraph IV(3)Section. Upon Landlord's ’s written request: request (ia) Tenant, through professional engineers approved by Landlord and at Tenant's ’s cost, shall thoroughly investigate suspected Hazardous Substances contamination of the Premises, Building or Land, Premises occurring after the Commencement Date, or of the Project or Land and caused by a breach of Tenant's ’s covenant at Paragraph IV(3)(b)Section 5.3.1, and (iib) Tenant shall forthwith take such remedial action with respect to any such contamination described in clause (i) as may be necessary to ensure that no entirely remove and clean up all such Hazardous Substances are present on the Premises or in the groundwater of the Premises, Building or project, Land in quantities or concentrations that exceed amounts allowed by applicable lawand related groundwater. Tenant's ’s obligations under this Paragraph Section shall arise upon Landlord's ’s demand as provided herein, regardless of whether the EPA or any other federal, state, or local agency or governmental authority has taken or threatened any action in connection with the presence of any Hazardous Substance on, or release of any Hazardous Substance from, the Premises, Building Project or the Land. Notwithstanding any provisions to the contrary in this Lease, Tenant shall indemnify and hold free and harmless the Landlord and each of Landlord’s direct or indirect members, representatives, affiliates, employees, attorneys and agents for, from, against and regarding any claims, losses, expenses or damages, suits or procedures arising from or attributable to action, refusal, negligence or failure on the part of the Tenant to comply with Environmental Laws. If Tenant shall fail promptly to discharge its obligations under this ParagraphSection, Landlord may, at its election, but without the obligation to do so, cause such investigation to be made or remedial action to be taken and/or take any and all other actions that Landlord may deem necessary or advisable to protect its interests or to avoid or minimize its liability for the existence of Hazardous Substances on the Premisespremises, Building the Project or the Land, or for a release thereof from the Premises, Building the Project or Land. All amounts expended by Landlord under this Paragraph Section shall be payable by Tenant to Landlord upon demand.

Inspection and Remedial Action. Landlord is hereby authorized to enter the Premises thereon at reasonable times, and after reasonable notice, for the purpose of inspecting the Premises, to ascertain Tenant's ’s compliance with all covenants made in this Paragraph IV(3)Section. Upon Landlord's ’s written request: request (ia) Tenant, through professional engineers approved by Landlord and at Tenant's ’s cost, shall thoroughly investigate suspected Hazardous Substances contamination of the Premises, Building or Land, Premises occurring after the Commencement Date, or of the Project or Land and caused by a breach of Tenant's ’s covenant at Paragraph IV(3)(b)Section 5.3.1, and (iib) Tenant shall forthwith take such remedial action with respect to any such contamination described in clause (i) as may be necessary to ensure that no entirely remove and clean up all such Hazardous Substances are present on the Premises or in the groundwater of the Premises, Building or Project, Land in quantities or concentrations that exceed amounts allowed by applicable lawand related groundwater. Tenant's ’s obligations under this Paragraph Section shall arise upon Landlord's ’s demand as provided herein, regardless of whether the EPA or any other federal, state, or local agency or governmental authority has taken or threatened any action in connection with the presence of any Hazardous Substance on, or release of any Hazardous Substance from, the Premises, Building Project or the Land. Notwithstanding any provisions to the contrary in this Lease, Tenant shall indemnify and hold free and harmless the Landlord and each of Landlord’s direct or indirect members, representatives, affiliates, employees, attorneys and agents for, from, against and regarding any claims, losses, expenses or damages, suits or procedures arising from or attributable to action, refusal, negligence or failure on the part of the Tenant to comply with Environmental Laws. If Tenant shall fail promptly to discharge its obligations under this ParagraphSection, Landlord may, at its election, but without the obligation to do so, cause such investigation to be made or remedial action to be taken and/or take any and all other actions that Landlord may deem necessary or advisable to protect its interests or to avoid or minimize its liability for the existence of Hazardous Substances on the Premises, Building the Project or the Land, or for a release thereof from the Premises, Building the Project or Land. All amounts expended by Landlord under this Paragraph Section shall be payable by Tenant to Landlord upon demand. If the Premises is or becomes contaminated by Hazardous Substances not brought to the Project by Tenant or released by Tenant, then Landlord shall take or cause to be taken all legally required remediation steps, without charge to Tenant.