Investigation and Remediation by Lessor Sample Clauses

Investigation and Remediation by Lessor. Lessor shall have the right, but not the duty, to inspect the Premises, including testing of soils or groundwater, at reasonable times and upon at least three (3) business days’ notice to determine whether Lessee is complying with the terms of this Paragraph 6. Lessor shall use its best efforts to minimize interference with Lessee’s business operations and shall repair any damage to Lessee’s property resulting therefrom. Lessee shall cooperate with Lessor in providing non-privileged information and documents necessary for Lessor to evaluate Lessee’s compliance with Applicable Requirements. All costs and expenses incurred by Lessor for such inspections shall be paid by Lessor, except that if such inspection demonstrates that Lessee, or Lessee Parties have failed to comply with the provisions of this Lease causing a Hazardous Substance Condition at or with respect to the Premises, then such costs and expenses shall be paid by Lessee. Lessor shall have the right to enter the Premises at reasonable times and upon reasonable notice to Remediate, at its cost, any Hazardous Substance Condition at or with respect to the Premises for which it is responsible under this Lease or Applicable Environmental Requirements. Lessor may enter the Property to perform Remediation of a Hazardous Condition caused or allegedly caused by Lessee only if Lessee fails or refuses to do so after written demand by Lessor.

Investigation and Remediation by Lessor a. Lessor hereby agrees, at its sole cost and expense, to take all such action as is or may be necessary and proper to the satisfaction of all appropriate governmental agencies to investigate, categorize, monitor, contain, remediate, cleanup and remove Hazardous Materials released, discharged or placed on or under the Property prior to the Effective Date if arising out of an act or omission of a third party other than an employee or agent of the Lessee, or than one whose act or omission occurs in connection with a contractual relationship with Lessee. Notwithstanding anything to the contrary in the lease (including without limitation, Lessee's repair obligations, Lessee's obligation to reimburse Lessor for its costs and expenses under various circumstances, and Lessee's duty to comply with laws, rules, and regulations), Lessee shall have no responsibility for and Lessor for itself and its beneficiaries, heirs, personal representatives, successors, and assigns hereby waives and releases any and all claims, actions, suits, proceedings, judgments, losses, costs, personal injuries, damages, liabilities, deficiencies, fines, penalties, damages, attorneys' fees, consultants' fees, investigations, detoxifications, remediations, removals, and expenses of every type and nature, directly or indirectly arising out of or in connection with, and all rights to join Lessee, its officers, directors, employees, subtenants, successors and assigns in any litigation or proceeding, arising out of or in connection with, any Hazardous Materials which are present on the Premises (or the soil, groundwater, surface water or ambient air thereof) as of the delivery of possession of the Premises to Lessee for construction of the Lessee Improvements or which thereafter migrate or percolate into, onto or under the Premises from a source outside the Premises. In this regard, Lessor hereby waives the benefits of California Civil Code Section 1542 which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor." Lessor's action shall include, without limitation, any work required under any applicable federal, state, or local law or regulation, by any judicial order, by any governmental authority, or in order to comply with any agreements with any governmental authority in connection with the presenc...

Investigation and Remediation by Lessor. Lessor's obligations under this Agreement specifically include those arising out of Hazardous Materials which flow, diffuse, migrate or percolate into, onto or under the Property as the result of an act or omission of a third party other than an employee or agent of the Lessee, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly with the Lessee.