Common use of Landlord’s Right to Perform Tests Clause in Contracts

Landlord’s Right to Perform Tests. At any time prior to the expiration of the Lease Term and upon Landlord’s reasonable belief that certain water and soil tests are advisable, Landlord shall have the right following notice (except in the event of an emergency) to enter upon the Premises at all reasonable times in order to conduct appropriate tests of water and soil and to deliver to Tenant the results of such tests to attempt to demonstrate that contamination in excess of permissible levels has occurred as a result of Tenant’s use of the Premises. Without limiting the foregoing sentence, Landlord shall have the right to have an environmental audit of the Premises to be conducted within ninety (90) days prior to the scheduled expiration date of this Lease, or at termination of this Lease, if the Lease is terminated on a date other than the scheduled termination date. Tenant shall promptly perform any remedial action recommended by such environmental audit unless the audit reveals that the Hazardous Materials resulted from the activities of a person other than Tenant. The costs of such audits shall be borne by Landlord unless the audit discloses the existence of Hazardous Materials in excess of action levels or governmental standards, in which case the costs of the audit shall be borne by Tenant, unless the audit reveals that the Hazardous Materials resulted from the activities of a person other than Tenant. Tenant shall further be solely responsible for and shall defend, indemnify and hold the Landlord, its agents and contractors harmless from and against all claims, costs and liabilities including actual attorneys’ fees and costs, arising out of or in connection with any removal, cleanup, restoration and materials required hereunder to return the Premises and any other property of whatever nature to their condition existing prior to the appearance of the Hazardous Materials. The foregoing indemnity shall not apply, however, if Tenant establishes that the Hazardous Materials were present prior to the Commencement Date.

Landlord’s Right to Perform Tests. At any time prior to the expiration of the Lease Term and upon Landlord’s reasonable belief that certain water and water, soil and/or other environmental tests are advisable, or if reasonably required in connection with Landlord’s attempt to obtain financing for the Real Property, Landlord shall have the right following notice (except in the event of an emergency) to enter upon the Premises at all reasonable times in order to conduct appropriate tests of water and soil and to deliver to Tenant the results of such tests to attempt to demonstrate that contamination in excess of permissible levels has occurred as a result of Tenant’s use of the Premises. Without limiting the foregoing sentence, Landlord shall have the right to have an environmental audit of the Premises to be conducted within ninety one hundred eighty (90180) days prior to the scheduled expiration date of this Lease, or at earlier termination of this Lease, Lease (if the Lease is terminated on a date other than the scheduled termination date). Tenant shall promptly perform any remedial action recommended by such environmental audit unless the audit reveals that the Hazardous Materials resulted from the activities of a person other than TenantTenant its agents, contractors, officers and/or employees. The costs of such audits shall be borne by Landlord unless the audit discloses the existence of Hazardous Materials in excess of action levels or governmental standards, in which case the costs of the audit shall be borne by Tenant. Notwithstanding the foregoing, unless if the audit reveals that the Hazardous Materials resulted from the activities of a person other than Tenant, its agents, contractors, officers and/or employees, Tenant shall not be responsible for any portion of the cost of the audit. Tenant shall further be solely responsible for and shall defend, indemnify and hold the Landlord, its agents agents, contractors and contractors lenders harmless from and against all claims, costs and liabilities including actual attorneys’ fees and costs, arising out of or in connection with with, any removal, cleanup, restoration and materials required hereunder to return the Premises and any other property of whatever nature to their condition existing prior to the appearance of the Hazardous Materials. The foregoing indemnity shall not apply, however, if Tenant establishes that the Hazardous Materials were present prior to the Commencement DateDate or attributable to the actions of a person other than Tenant.

Landlord’s Right to Perform Tests. At any time prior to the --------------------------------- expiration of the Lease Term and upon Landlord’s 's reasonable belief that certain environmental audits (including water and soil tests soils tests) are advisable, Landlord shall have the right following notice (except in the event of an emergency) , in which case no advance notice shall be required but notice will be given as soon as practical following such tests with sufficient details as to the necessity for the test and the results thereof), to enter upon the Premises in accordance with Article 27 below and at all reasonable times in order to conduct appropriate environmental audits (including tests of water and soil soil) and to deliver to Tenant the results of such tests to attempt to demonstrate that contamination in excess of permissible levels has occurred as a result of Tenant’s 's use of the Premises. Without limiting the foregoing sentence, Landlord shall have the right to have an environmental audit of the Premises to be conducted within ninety (90) days prior to the scheduled expiration date of this Lease, or at termination of this Lease, if the Lease is terminated on a date other than the scheduled termination date. Tenant shall promptly perform any remedial action recommended by such environmental audit unless if the audit reveals that the Hazardous Materials resulted from the activities of a person other than Tenant or Tenant's agents, employees or contractors. The costs of such audits shall be borne by Landlord unless the audit discloses the existence of Hazardous Materials caused to be present by Tenant, its agents, employees or contractors in excess violation of action levels or governmental standardsHazardous Materials Laws, in which case the costs of the audit shall be borne by Tenant, unless the audit reveals that the Hazardous Materials resulted from the activities of a person other than Tenant. Tenant shall further be solely responsible for and shall defend, indemnify and hold the Landlord, its agents and contractors harmless from and against all claims, costs and liabilities including actual attorneys’ ' fees and costs, arising out of or in connection with any removal, cleanup, restoration and materials required hereunder to return the Premises and any other property of whatever nature to their condition existing prior to the appearance of the Hazardous Materials. The foregoing indemnity shall not apply, however, if Tenant establishes that the Hazardous Materials were present prior to the Commencement Datehereunder.

Landlord’s Right to Perform Tests. At any time prior to the expiration of the Lease Term and upon Landlord’s reasonable belief that certain water and soil tests are advisable, Landlord shall have the right following reasonable written notice (except in the event of an emergency) ), to enter upon the Premises at all reasonable times during normal business in order to conduct appropriate tests review Tenant’s Hazardous Materials handling and otherwise inspect the Premises for Hazardous Materials contamination, provided that such entry does not interfere with Tenant’s or its subtenant’s business operations and provided that Landlord shall give Tenant at least seventy-two (72) hours written notice prior to any inspection of water and soil and any building interior. Any such inspection shall be accompanied by a representative of Tenant and, if required by any sublease, any sublessee of Tenant. Landlord shall not perform any invasive testing on the Premises unless Landlord reasonably believes that Hazardous Materials exist on the Premises in material violation of Environmental Laws. If any invasive testing on the Premises is undertaken, Landlord shall restore any damage to deliver to Tenant the results of such tests to attempt to demonstrate that contamination in excess of permissible levels has occurred Premises as a result of Tenant’s use of the Premisessuch invasive testing. Without limiting the foregoing sentenceIn addition, Landlord shall have the right to have an environmental audit of the Premises to be conducted within ninety (90) days prior to of the scheduled expiration date of this Lease, Lease or at of termination of this Lease, if the Lease is terminated on a date other than the scheduled termination date. Tenant promptly shall promptly perform any remedial action recommended by such environmental audit unless the audit reveals that the Hazardous Materials resulted from the activities of a person other than Tenant, or the Tenant Related Parties. The If an Event of Default exists, the costs of such audits shall be borne by Landlord unless the audit discloses the existence of Hazardous Materials in excess of action levels or governmental standards, in which case the costs of the environmental audit shall be borne by Tenant, unless the audit reveals that the Hazardous Materials resulted from the activities of a person other than Tenant. Tenant shall further be solely responsible for and shall defend, indemnify and hold the Landlord, its agents and contractors harmless from and against all claims, costs and liabilities including actual attorneys’ fees and costs, arising out of or in connection with any removal, cleanup, restoration and materials required hereunder to return the Premises and any other property of whatever nature to their condition existing prior to the appearance of the Hazardous Materials. The foregoing indemnity shall not apply, however, if Tenant establishes that the Hazardous Materials were present prior to the Commencement Date.