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. 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 112 environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord's sole expense and not as an Operating Expense. Such auditor shall use commercially reasonable efforts to minimize interference with the operation of Tenant’s sole expensebusiness 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 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 '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 such inspection, assessment or audit reveals that violations by Tenant (or permitted by Tenant) existhas 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.

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. 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.

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.