Common use of Landlord’s Remedial Work Clause in Contracts

Landlord’s Remedial Work. Landlord shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions required by applicable Governmental Rules to be performed with respect to (i) any Environmental Event caused by Landlord or any of its agents, contractors or subcontractors, guests or invitees, other tenants or licensees or their agents, contractors or subcontractors, guests or invitees, (ii) any Hazardous Materials at the Fairgrounds as of the Effective Date and (iii) any Hazardous Materials that are introduced to the Fairgrounds on or after the Effective Date, except Hazardous Materials introduced by Tenant, or any of its agents, contractors or subcontractors, guests or invitees. Landlord shall promptly inform Tenant and all applicable governmental authorities of any such Environmental Event or any Hazardous Materials discovered by Landlord (or any agent, contractor, subcontractor, other tenant or licensee of Landlord) in, on or under the Fairgrounds and promptly shall furnish to Tenant any and all reports and other information available to Landlord concerning the matter. Landlord and Tenant shall promptly thereafter meet to discuss the steps to be taken to investigate and, if necessary, remedy such matter, including mutual selection of an independent environmental consultant to evaluate the condition of the Fairgrounds and any materials thereon and therein. If it is determined pursuant to an evaluation conducted by the mutually s elected independent environmental consultant that remediation of the same is required by this section, then Landlord shall pay the costs of such evaluation and shall perform the remedial work at its own cost and expense and with due diligence. Alternatively, if it is determined pursuant to an evaluation conducted by a mutually selected independent environmental consultant that remediation of the same is required Tenant pursuant to Section 6.16 above, then Tenant shall pay the costs of such evaluation and shall perform Tenant’s Remedial Work at its own cost and expense and with due diligence.

Landlord’s Remedial Work. Landlord shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions required by applicable Governmental Rules to be performed with respect to (i) any Environmental Event caused by Landlord or any of its agents, contractors or subcontractors, guests or invitees, other tenants or licensees or their agents, contractors or subcontractors, guests or invitees, (ii) any Hazardous Materials at the Fairgrounds as of the Effective Date and (iii) any Hazardous Materials that are introduced to the Fairgrounds on or after the Effective Date, except Hazardous Materials introduced by Tenant, or any of its agents, contractors or subcontractors, guests or invitees. Landlord shall promptly inform Tenant Xxxxxx and all applicable governmental authorities of any such Environmental Event or any Hazardous Materials discovered by Landlord (or any agent, contractor, subcontractor, other tenant or licensee of Landlord) in, on or under the Fairgrounds and promptly shall furnish to Tenant any and all reports and other information available to Landlord concerning the matter. Landlord and Tenant Xxxxxx shall promptly thereafter meet to discuss the steps to be taken to investigate and, if necessary, remedy such matter, including mutual selection of an independent environmental consultant to evaluate the condition of the Fairgrounds and any materials thereon and therein. If it is determined pursuant to an evaluation conducted by the mutually s elected independent environmental consultant that remediation of the same is required by this section, then Landlord shall pay the costs of such evaluation and shall perform the remedial work at its own cost and expense and with due diligence. Alternatively, if it is determined pursuant to an evaluation conducted by a mutually selected independent environmental consultant that remediation of the same is required Tenant pursuant to Section 6.16 above, then Tenant shall pay the costs of such evaluation and shall perform Tenant’s Remedial Work at its own cost and expense and with due diligence.

Landlord’s Remedial Work. Landlord shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions required by applicable Governmental Rules to be performed with respect to (i) any Environmental Event caused by Landlord or any of its agents, contractors or subcontractors, guests or invitees, other tenants or licensees or their agents, contractors or subcontractors, guests or invitees, (ii) any Hazardous Materials at the Fairgrounds as of the Effective Date and (iii) any Hazardous Materials that are introduced to the Fairgrounds on or after the Effective Date, except Hazardous Materials introduced by Tenant, or any of its agents, contractors or subcontractors, guests or invitees. Landlord shall promptly inform Tenant Xxxxxx and all applicable governmental authorities of any such Environmental Event or any Hazardous Materials discovered by Landlord (or any agent, contractor, subcontractor, other tenant or licensee of Landlord) in, on or under the Fairgrounds and promptly shall furnish to Tenant any and all reports and other information available to Landlord concerning the matter. Landlord and Tenant Xxxxxx shall promptly thereafter meet to discuss the steps to be taken to investigate and, if necessary, remedy such matter, including mutual selection of an independent environmental consultant to evaluate the condition of the Fairgrounds and any materials thereon and therein. If it is determined pursuant to an evaluation conducted by the mutually s elected selected independent environmental consultant that remediation of the same is required by this section, then Landlord shall pay the costs of such evaluation and shall perform the remedial work at its own cost and expense and with due diligence. Alternatively, if it is determined pursuant to an evaluation conducted by a mutually selected independent environmental consultant that remediation of the same is required Tenant pursuant to Section 6.16 above, then Tenant shall pay the costs of such evaluation and shall perform Tenant’s 's Remedial Work at its own cost and expense and with due diligence.

Landlord’s Remedial Work. Landlord has in good faith conducted an environmental due diligence effort and has shared those findings with Tenant. Landlord has been and shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions required by applicable Governmental Rules (including all investigations, monitoring, etc.) reasonably necessary to ensure compliance with Applicable Laws to be performed with respect to (i) any Environmental Event with regard to the Leased Premises occurring or arising prior to the Execution Date (and not caused by Landlord or under Tenant) or any Pre-Existing Environmental Conditions regardless of its agents, contractors or subcontractors, guests or invitees, other tenants or licensees or their agents, contractors or subcontractors, guests or invitees, when discovered and (ii) any Hazardous Materials at the Fairgrounds as of the Effective Date and (iii) Environmental Event or any Hazardous Materials that are introduced present at, in, on or under the Leased Premises to the Fairgrounds on extent introduced or otherwise caused by or under Landlord (or any Related Party) from and after the Effective Date, except Hazardous Materials introduced by Tenant, or any of its agents, contractors or subcontractors, guests or inviteesExecution Date (“Landlord’s Remedial Work”). Landlord Tenant shall promptly inform Tenant and all applicable governmental authorities Landlord of any such Environmental Event or any Hazardous Materials Material discovered by Landlord Tenant (or any agent, contractor, subcontractor, other tenant or licensee of LandlordTenant) in, on or under the Fairgrounds Leased Premises and promptly shall furnish to Tenant Landlord any and all reports and other information available to Landlord Tenant concerning the matter. Landlord and Tenant shall promptly thereafter meet to discuss the steps to be taken to investigate and, if necessary, remedy such matter, including mutual selection of an independent environmental consultant to evaluate the condition of the Fairgrounds Leased Premises and any materials thereon and therein. If it is determined pursuant to an evaluation conducted by the mutually s elected selected independent environmental consultant that remediation of the same is required by this sectionSection 9.3.2, then Landlord shall pay the costs of such evaluation and shall perform be responsible for the remedial work cost of such remediation, provided that, at its own cost and expense and with due diligence. AlternativelyLandlord’s request, if it is determined pursuant to an evaluation conducted by a mutually selected independent environmental consultant that remediation of the same is required Tenant pursuant to Section 6.16 above, then Tenant shall pay have the costs of such evaluation and shall right, but not the obligation, to perform Tenantor cause to be performed any or all Landlord’s Remedial Work at its own Landlord’s cost and expense expense. Notwithstanding the foregoing, in no event shall Landlord’s responsibility for Landlord’s Remedial Work in this Lease prevent Landlord from exercising, or affect the ability of Landlord to exercise, any of its rights and remedies against Tenant with due diligencerespect to Tenant’s responsibility to perform and pay the cost of performing Tenant’s Remedial Work. Landlord’s Remedial Work shall be performed in accordance with all Environmental Laws to the reasonable satisfaction of the applicable Governmental Authority.