Common use of Landlord’s Inspection Rights Clause in Contracts

Landlord’s Inspection Rights. Landlord shall have the right, upon reasonable advance notice to Tenant, to inspect, investigate, sample and/or monitor the Premises and Common Area, including any soil, water, groundwater, or other sampling to the extent reasonably necessary to determine whether Tenant is complying with the terms of this Lease with respect to Hazardous Materials. In connection therewith, Tenant shall provide Landlord with reasonable access to all portions of the Premises; provided, however, that Landlord shall avoid any unreasonable interference with the operation of Tenant's business on the Premises. All costs incurred by Landlord pursuant to this subparagraph 25.2 above shall be reimbursed by Tenant to Landlord within ten (10) days after Landlord's demand for payment if it is determined that a Release of Hazardous Materials by Tenant or any of its agents, employees, contractors or tenants has occurred. If Tenant fails to perform or does not commence and thereafter diligently prosecute any obligation to be performed by Tenant under this Lease with respect to Hazardous Materials within sixty (60) days after the date of Tenant's receipt of Landlord's written notice of the obligation to be performed, Landlord shall have the right, but not the obligation, without limitation upon any of Landlord's other rights or remedies under this Lease or at law or in equity, to enter upon the Premises and perform Tenant's obligations hereunder at Tenant's expense. All sums reasonably disbursed, deposited, or incurred by Landlord in connection with the performance of such obligation, including, but not limited to, all costs, expenses, and actual attorneys' fees, shall be due and payable by Tenant to Landlord as an item of additional rent on demand by Landlord, together with interest thereon at the maximum rate allowed by law from the date of such demand until paid by Tenant.

Landlord’s Inspection Rights. Landlord shall have the right, upon reasonable advance notice to Tenant, to inspect, investigate, sample and/or monitor the Premises and Common Area, including any soil, water, groundwater, or other sampling to the extent reasonably necessary to determine whether Tenant is complying with the terms of this Lease with respect to Hazardous Materials. In connection therewith, Tenant shall provide Landlord with reasonable access to all portions of the Premises; provided, however, that Landlord shall avoid any unreasonable interference with the operation of Tenant's ’s business on the Premises. All costs incurred by Landlord pursuant to this subparagraph 25.2 above shall be reimbursed by Tenant to Landlord within ten (10) days after Landlord's ’s demand for payment if it is determined payment; provided, however, Tenant shall not be obligated to reimburse Landlord for any costs Landlord incurs in inspecting, investigating, sampling or monitoring the groundwater under the Premises or Common Area unless Landlord has reasonable grounds to believe that Tenant has exacerbated such groundwater condition or to the extent such groundwater condition has been exacerbated as a Release result of Hazardous Materials by the acts of Tenant or any of its agents, employees, contractors contractors, consultants, subtenants, licensees or tenants has occurredinvitees. If Tenant fails to perform or does not commence and thereafter diligently prosecute any obligation to be performed by Tenant under this Lease with respect to Hazardous Materials within sixty (60) days after the date of Tenant's ’s receipt of Landlord's ’s written notice of the obligation to be performed, Landlord shall have the right, but not the obligation, without limitation upon any of Landlord's ’s other rights or remedies under this Lease or at law or in equity, to enter upon the Premises and perform Tenant's ’s obligations hereunder at Tenant's ’s expense. All sums reasonably disbursed, deposited, or incurred by Landlord in connection with the performance of such obligation, including, but not limited to, all costs, expenses, and actual attorneys' ’ fees, shall be due and payable by Tenant to Landlord as an item of additional rent on demand by Landlord, together with interest thereon at the maximum rate allowed by law from the date of such demand until paid by Tenant.