Common use of Landlord’s Right of Environmental Audit Clause in Contracts

Landlord’s Right of Environmental Audit. Landlord may, upon reasonable notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord’s sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials in violation of Environmental Laws caused by Tenant or any Tenant Parties, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials at, upon, under or within the Premises caused by Tenant or any Tenant Parties, or to comply with any Environmental Laws to the extent in violation thereof due to Tenant’s or any Tenant Party’s acts or failures to act, Tenant shall promptly, at Tenant’s sole expense, comply with such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as recommended by such inspector or auditor. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and if it is determined that violations by Tenant (or permitted by Tenant) exist, then Tenant must reimburse Landlord for the cost or fees incurred for such as Additional Rent.

Landlord’s Right of Environmental Audit. In addition to Landlord’s other access rights as provided in this Lease, Landlord may, upon reasonable notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord’s sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials introduced to the Premises by Tenant or its agents, employees or contractors (“Tenant Hazardous Materials”) in violation of Environmental Laws caused by Tenant or any Tenant PartiesLaws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Tenant Hazardous Materials at, upon, under or within the Premises caused by Tenant or any Tenant PartiesPremises, or to comply with any Environmental Laws to the extent in violation thereof due to Tenant’s or any Tenant Party’s acts or failures to actLaws, Tenant shall promptly, at Tenant’s sole expense, comply with any such commercially reasonable recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) of Tenant Hazardous Materials as reasonably recommended by such inspector or auditor. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and if it is determined that violations by to the extent such environmental inspection, assessment or audit discovers the presence of Tenant (or permitted by Tenant) existHazardous Materials in violation of Environmental Laws, then Tenant must reimburse Landlord for the cost or fees incurred for such as Additional Rent.

Landlord’s Right of Environmental Audit. Landlord may, upon reasonable notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord’s sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials in violation of Environmental Laws (i) in the Premises, or (ii) outside the Premises but in the Project Common Areas and caused by Tenant or any Tenant PartiesParty, or such report otherwise provides reasonable recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials at, upon, under or within the Premises caused by Tenant or any Tenant PartiesPremises, or to comply with any Environmental Laws to at the extent in violation thereof due to Tenant’s or any Tenant Party’s acts or failures to actPremises, Tenant shall promptly, at Tenant’s sole expense, comply with such recommendations or suggestionsrecommendations, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as recommended by such inspector or auditor. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any (57) Mountain View Research ParkNeuropace, Inc. Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and if it is determined that violations by Tenant (or permitted by Tenant) exist, then Tenant must reimburse Landlord for the cost or fees incurred for such as Additional Rent.

Landlord’s Right of Environmental Audit. Landlord may, upon reasonable notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord’s sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials in violation of Environmental Laws caused by Tenant or any Tenant PartiesTenant’s agents, employees, contractors, licensees or invitees, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials at, upon, under or within the Premises caused by Tenant or any Tenant PartiesTenant’s agents, employees, contractors, licensees or invitees, or to comply with any Environmental Laws to the extent in violation thereof due to Tenant’s or any Tenant Party’s acts or failures to actLaws, Tenant shall promptly, at Tenant’s sole expense, comply with such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as recommended by such inspector or auditor. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and if it is determined that violations by Tenant (or permitted by Tenant) exist, then Tenant must reimburse Landlord for the actual cost or fees reasonably incurred for such as Additional Rent.

Landlord’s Right of Environmental Audit. Landlord may, upon reasonable notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord’s sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials in violation of Environmental Laws (to the extent such presence was caused and/or permitted by Tenant or any Tenant PartiesTenant), or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by or on behalf of Tenant) at, upon, under or within the Premises caused by Tenant or any Tenant PartiesPremises, or for Tenant to comply with any Environmental Laws to which are the extent in violation thereof due to responsibility of Tenant’s or any Tenant Party’s acts or failures to act, Tenant shall promptly, at Tenant’s sole expense, comply with such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as recommended by such inspector or auditor. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and if it is determined that violations by Tenant (or permitted by Tenant) exist, then Tenant must reimburse Landlord shall pay for the cost or fees incurred for such environmental inspection, assessment or audit; provided, however, that to the extent such environmental inspection, assessment or audit indicates a violation of Environmental Laws by or on behalf of Tenant, Tenant shall reimburse Landlord for such incurred costs or fees as Additional Rent.

Landlord’s Right of Environmental Audit. If Tenant commences using the Premises for any Permitted Use other than the Standard Permitted Uses, which Permitted Use includes the regular use of Hazardous Materials, Landlord may, upon reasonable notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord’s sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials in violation of Environmental Laws caused by Tenant or any Tenant PartiesLaws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials at, upon, under or within the Premises caused by Tenant or any Tenant PartiesPremises, or to comply with any Environmental Laws to the extent in violation thereof due to Tenant’s or any Tenant Party’s acts or failures to actLaws, Tenant shall promptly, at Tenant’s sole expense, comply with such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as recommended by such inspector or auditor. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and if it is determined that violations by Tenant (or permitted by Tenant) exist, then Tenant must reimburse Landlord for the cost or fees incurred for such as Additional Rent.