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 (due to Tenant or the Tenant Parties) in violation of Environmental Laws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by Tenant or the Tenant Parties) at, upon, under or within the Premises, or to comply with any Environmental Laws related to Tenant’s or the Tenant Parties’ use of the Premises (including the use of Hazardous Materials therein), Tenant shall promptly, at Tenant’s sole expense, comply with any reasonable recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as reasonably recommended by such inspector or auditor (taking into account all legal requirements and governmental agency recommendations). 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 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 (due introduced to the Premises by Tenant or the its agents, employees or contractors (“Tenant PartiesHazardous Materials”) in violation of Environmental Laws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Tenant Hazardous Materials (by Tenant or the Tenant Parties) at, upon, under or within the Premises, or to comply with any Environmental Laws related to Tenant’s or the Tenant Parties’ use of the Premises (including the use of Hazardous Materials therein)Laws, 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 (taking into account all legal requirements and governmental agency recommendations)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 to the extent such environmental inspection, assessment or audit discovers the presence of Tenant Hazardous Materials in violation of Environmental Laws, Tenant must reimburse Landlord for the cost or fees incurred for such as Additional Rent.. 6.2.7.5

Landlord’s Right of Environmental Audit. Landlord may, upon reasonable notice to TenantTenant but in any event not less than five (5) business days, be granted access to and enter the Premises (other than the Secured Area) no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Any such entry shall otherwise comply with Article 27 of this Lease. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord’s sole expenseexpense and not as an Operating Expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials (due to Tenant or the Tenant Parties) in violation of Environmental LawsLaws which Hazardous Materials are Tenant’s responsibility pursuant to the express terms and conditions of this Lease, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by Tenant or the Tenant Parties) at, upon, under or within the Premises, Premises which Hazardous Materials are Tenant’s responsibility pursuant to the express terms and conditions of this Lease or to comply with any Environmental Laws related to which is Tenant’s or the Tenant Parties’ use of the Premises (including the use of Hazardous Materials therein)obligations pursuant to this Lease, Tenant shall promptly, at Tenant’s sole expense, comply with any reasonable such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as reasonably recommended by such inspector or auditor (taking into account all legal requirements and governmental agency recommendations)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 timetime but following reasonable prior written notice to Tenant, notwithstanding the above mentioned annual limitation, and if such inspection, assessment or audit reveals that Tenant has violated the terms of this Lease, then Tenant must reimburse Landlord for the reasonable and actual cost or fees incurred for such as Additional RentRent within thirty (30) days after receipt of invoice together with reasonable supporting evidence.

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 (due to Tenant or the Tenant Parties) in violation of Environmental LawsLaws (to the extent such presence was caused and/or permitted by Tenant), or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by Tenant or the Tenant Partieson behalf of Tenant) at, upon, under or within the Premises, or for Tenant to comply with any Environmental Laws related to which are the responsibility of Tenant’s or the Tenant Parties’ use of the Premises (including the use of Hazardous Materials therein), Tenant shall promptly, at Tenant’s sole expense, comply with any reasonable such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as reasonably recommended by such inspector or auditor (taking into account all legal requirements and governmental agency recommendations)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 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. 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 (due to introduced by Tenant or the any Tenant Parties) Party in violation of Environmental Laws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by Tenant or the any Tenant Parties) Party at, upon, under or within the Premises, or to comply with any Environmental Laws related to Tenant’s or the Tenant Parties’ use of the Premises (including the use of Hazardous Materials therein)Laws, Tenant shall promptly, at Tenant’s sole expense, comply with any reasonable such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as reasonably recommended by such inspector or auditor auditor; provided that this sentence shall not impose any liability on Tenant for any Hazardous Materials (taking i) in existence on the Premises, Building or Project prior to the Delivery Date or brought onto the Premises, Building or Project after the Delivery Date by any third parties not under Tenant’s control or (ii) which may migrate into account all legal requirements and governmental agency recommendations)the Premises through air, water or soil, through no fault of Tenant or any third party under Tenant’s control. Notwithstanding the above, if at any time, Landlord has actual or constructive 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 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 's sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials (due relating to the use and/or actions of Tenant or the Tenant Parties) in violation of Environmental Laws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by relating to the use and/or actions of Tenant or the Tenant Parties) at, upon, under or within the Premises, or to comply with any Environmental Laws related to Tenant’s 's or the Tenant Parties’ ' use of the Premises (including the use of Hazardous Materials therein), Tenant shall promptly, at Tenant’s 's sole expense, comply with any reasonable recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as reasonably recommended by such inspector or auditor (taking into account all legal requirements and governmental agency recommendations). 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 Tenant must reimburse Landlord for the reasonable cost or fees incurred for such as Additional Rent.

Landlord’s Right of Environmental Audit. Subject to the requirements of Article 27 and Section 29.19 below, Landlord mayshall, upon reasonable notice to Tenant, be granted access to and enter the Premises during normal business hours no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Landlord shall promptly provide Tenant copies of any reports of any such environmental inspections, site assessments or audits. Such environmental inspector or auditor may be chosen by Landlord, in its sole reasonable 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 presence, release, discharge, escape or emission of Hazardous Materials (due to caused by Tenant or the any Tenant Parties) Party in violation of Environmental LawsLaw or this Lease, or provides reasonable recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by Tenant or the any Tenant Parties) Party at, upon, under or within the PremisesProject, or to comply with any Environmental Laws related with respect to Tenant’s or the Tenant Parties’ use of the Premises (including the use of Hazardous Materials therein)used by Tenant, Tenant shall promptly, at Tenant’s sole expense, comply with any such reasonable recommendations or suggestionsrecommendations, including, but not limited to performing such additional investigative or subsurface investigations or remediation(s) as reasonably recommended by such inspector or auditor (taking into account all legal requirements and governmental agency recommendations)if such inspector or auditor reasonably determines that Tenant or any Tenant Party has caused the release, discharge, escape or emission of any Hazardous Materials. Notwithstanding the aboveabove and in addition to the access rights described in Section 29.19 below, 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 Tenant must reimburse Landlord for the cost or fees incurred for such as Additional RentRent to the extent such report finds that Tenant has violated an Environmental Law.

Landlord’s Right of Environmental Audit. In the event that Tenant uses any part of the Premises for laboratory purposes, which involves the use of Hazardous Materials, then 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. audit Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord’s 's sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials (due to Tenant or the Tenant Parties) in violation of Environmental Laws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by Tenant or the Tenant Parties) at, upon, under or within the Premises, or to comply with any Environmental Laws related to Tenant’s or the Tenant Parties’ use of the Premises (including the use of Hazardous Materials therein)Laws, Tenant shall promptly, at Tenant’s 's sole expense, comply with any reasonable such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediation(sremediations) as reasonably recommended by such inspector or auditor (taking into account all legal requirements and applicable governmental agency recommendations). However, if Tenant in good faith disputes the findings in any such report prepared by Landlord's environmental inspector or auditor, and provides a report from its own independent, qualified environmental inspector or auditor which confirms such dispute, then Tenant shall be excused from performance or compliance until the matter has been resolved by mutual agreement, or by a court or at the election of either party, by binding arbitration to be conducted generally in the manner set forth in Exhibit D attached hereto (but the issue for arbitration will be the determination as to which environmental report is accurate, and the persons selected as the Advocate Arbitrators and the Neutral Arbitrator shall be attorneys (or retired judges) who have at least ten (10) years' experience in environmental matters). 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 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 at least forty-eight (48) hours’ prior written notice to Tenant, be granted access to and enter the Premises during normal Project hours no more than once annually to perform or cause to have performed an environmental inspection, site assessment or auditaudit and Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Section 29.33.4 with Tenant so that Tenant, at Tenant’s option, may provide an employee or representative of Tenant to accompany Landlord. 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 (due relating to the use and/or actions of Tenant or the Tenant Parties) in violation of Environmental Laws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials (by relating to the use and/or actions of Tenant or the Tenant Parties) at, upon, under or within the Premises, or to comply with any Environmental Laws related to Tenant’s or the Tenant Parties’ use of the Premises (including the use of Hazardous Materials therein), Tenant shall promptly, at Tenant’s sole expense, comply with any reasonable recommendations or suggestions, including, but not limited to to, performing such additional investigative or subsurface investigations or remediation(s) as reasonably recommended by such inspector or auditor (taking into account all legal requirements and governmental agency recommendations). 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 Tenant must reimburse Landlord for the actual and documented out of pocket cost or fees incurred for such as Additional RentRent within thirty (30) days after Tenant’s receipt of written invoice therefor.