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

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 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, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials at, upon, under or within the Premises, or to comply with any Environmental Laws, 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 remediations) as 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. 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 sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials (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 (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 LawsLaws 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 such any reasonable recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediationsremediation(s) 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 reasonable cost or fees incurred for such as Additional Rent.

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 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 audit 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 ’s sole expense. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials (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 (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 LawsLaws 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 ’s sole expense, comply with such any reasonable recommendations or suggestions, including, but not limited to to, performing such additional investigative or subsurface investigations or remediationsremediation(s) 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 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.

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 introduced by Tenant or any Tenant 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 any Tenant Party at, upon, under or within the Premises, or to comply with any Environmental Laws, Tenant shall promptly, at Tenant's ’s sole expense, comply with such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediationsremediation(s) as 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 applicable governmental agency recommendations). Howeverthe Premises through air, if water or soil, through no fault of Tenant in good faith disputes the findings in or 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)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. In Subject to the event that Tenant uses any part requirements of the Premises for laboratory purposesArticle 27 and Section 29.19 below, which involves the use of Hazardous Materials, then 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 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 ’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 caused by Tenant or any Tenant 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 any Tenant Party at, upon, under or within the PremisesProject, or to comply with any Environmental LawsLaws with respect to Hazardous Materials used by Tenant, Tenant shall promptly, at Tenant's ’s sole expense, comply with such recommendations or suggestionsreasonable recommendations, including, but not limited to performing such additional investigative or subsurface investigations or remediationsremediation(s) 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 disputereasonably determines that Tenant or any Tenant Party has caused the release, then Tenant shall be excused from performance discharge, escape or compliance until the matter has been resolved by mutual agreement, or by a court or at the election emission 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)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 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 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 ’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 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 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 LawsLaws which is Tenant’s obligations pursuant to this Lease, Tenant shall promptly, at Tenant's ’s sole expense, comply with such recommendations or suggestions, including, but not limited to performing such additional investigative or subsurface investigations or remediationsremediation(s) as 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 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. 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 sole expenseexpense and not as an Operating Expense. Such auditor shall use commercially reasonable efforts to minimize interference with the operation of Tenant’s business at the Premises during any entry by Landlord unto the Premises. To the extent that the report prepared upon such inspection, assessment or audit, indicates the presence of Hazardous Materials in violation of Environmental Laws, or provides recommendations or suggestions to prohibit the release, discharge, escape or emission of any Hazardous Materials at, upon, under or within the Premises, or to comply with any Environmental Laws, 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 remediationsremediation(s) as 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 if such inspection, assessment or audit reveals that Tenant has violated the terms of this Lease, then Tenant must reimburse Landlord for the reasonable cost or fees incurred for such as Additional RentRent within thirty (30) days after receipt of invoice together with reasonable supporting evidence.