Common use of Lender Rights Clause in Contracts

Lender Rights. In the event (i) a threatened or actual discharge or release of Hazardous Materials could affect the Property, whether or not the same originates or emanates from the Property or any contiguous real estate, or (ii) any non-compliance with any Environmental Law could affect the Property, activities at the Property or adjacent real properties, Administrative Agent may either (x) provide Indemnitor thirty (30) days notice and opportunity to remedy such discharge or threat of discharge or release or non-compliance with any Environmental Law, or (y) cause such work to be performed at the Property and take any and all other actions as Lender shall deem necessary or advisable to address the threatened or actual discharge or release of Hazardous Material or remedy the non-compliance with Environmental Laws. Indemnitor shall reimburse Administrative Agent for all costs and expenses whatsoever incurred on account of Administrative Agent’s action under this section, together with interest as hereinafter provided. Except as specifically set forth in this Agreement, Indemnitor shall release and forever discharge and covenants not to sue Administrative Agent and each Lender from and against any and all liability associated with such action, response or remedy under this Agreement. Indemnitor shall grant Administrative Agent and its designees access to the Property at any time or times, upon reasonable notice (which may be written or oral), and a license which is coupled with an interest and irrevocable, to make or cause such action as Administrative Agent determines is necessary to remedy any actual or threatened non-compliance with any Environmental Law. Administrative Agent may disclose to interested parties any information Administrative Agent has about the environmental condition or status of the Property, but shall be under no duty to disclose any such information except as may be required by law. Administrative Agent shall be under no duty to make any environmental assessment, audit or inspection of the Property, and in no event shall any action or lack of action by Administrative Agent or any Lender be or give rise to a representation that the Property is in compliance with any applicable law, nor shall Indemnitor be entitled to rely on any environmental assessment, audit or inspection completed by Administrative Agent or any Lender. Neither Administrative Agent nor any Lender owes any duty of care to protect Borrower or any person against, or to inform them of, the presence of any Hazardous Material, environmental condition, or compliance status at the Property. Nothing in this Agreement shall limit or impair any rights or remedies of Administrative Agent, any Lender or any other party against Indemnitor under any Environmental Law or otherwise at law or in equity, including without limiting any rights of contribution or indemnification.

Appears in 1 contract

Samples: Environmental Indemnification Agreement

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Lender Rights. In the event (i) a threatened or actual discharge or release of Hazardous Materials could affect the Property, whether or not the same originates or emanates from the Property or any contiguous real estate, or (ii) any non-compliance with any Environmental Law could affect the Property, activities at the Property or adjacent real properties, Administrative Agent may either (x) provide Indemnitor thirty (30) days notice and opportunity to remedy such discharge or threat of discharge or release or non-compliance with any Environmental Law, or (y) cause such work to be performed at the Property and take any and all other actions as Lender shall deem necessary or advisable to address the threatened or actual discharge or release of Hazardous Material or remedy the non-compliance with Environmental Laws. Indemnitor shall reimburse Administrative Agent for all costs and expenses whatsoever incurred on account of Administrative Agent’s action under this section, together with interest as hereinafter provided. Except as specifically set forth in this Agreement, Indemnitor shall release and forever discharge and covenants not to sue xxx Administrative Agent and each Lender from and against any and all liability associated with such action, response or remedy under this Agreement. Indemnitor shall grant Administrative Agent and its designees access to the Property at any time or times, upon reasonable notice (which may be written or oral), and a license which is coupled with an interest and irrevocable, to make or cause such action as Administrative Agent determines is necessary to remedy any actual or threatened non-compliance with any Environmental Law. Administrative Agent may disclose to interested parties any information Administrative Agent has about the environmental condition or status of the Property, but shall be under no duty to disclose any such information except as may be required by law. Administrative Agent shall be under no duty to make any environmental assessment, audit or inspection of the Property, and in no event shall any action or lack of action by Administrative Agent or any Lender be or give rise to a representation that the Property is in compliance with any applicable law, nor shall Indemnitor be entitled to rely on any environmental assessment, audit or inspection completed by Administrative Agent or any Lender. Neither Administrative Agent nor any Lender owes any duty of care to protect Borrower or any person against, or to inform them of, the presence of any Hazardous Material, environmental condition, or compliance status at the Property. Nothing in this Agreement shall limit or impair any rights or remedies of Administrative Agent, any Lender or any other party against Indemnitor under any Environmental Law or otherwise at law or in equity, including without limiting any rights of contribution or indemnification.

Appears in 1 contract

Samples: Environmental Indemnification Agreement

Lender Rights. In the event (i) a threatened or actual discharge or release of Hazardous Materials could affect the Property, whether or not the same originates or emanates from the Property or any contiguous real estate, or (ii) any non-compliance with any Environmental Law could affect the Property, activities at the Property or adjacent real properties, Administrative Agent Lender may either (x) provide Indemnitor thirty (30) days notice and opportunity to remedy such discharge or threat of discharge or release or non-compliance with any Environmental Law, or (y) cause such work to be performed at the Property and take any and all other actions as Lender shall deem necessary or advisable to address the threatened or actual discharge or release of Hazardous Material or remedy the non-compliance with Environmental Laws. Indemnitor shall reimburse Administrative Agent Lender for all costs and expenses whatsoever incurred on account of Administrative AgentLender’s action under this section, together with interest as hereinafter provided. Except as specifically set forth in this Agreement, Indemnitor shall release and forever discharge and covenants not to sue Administrative Agent and each xxx Lender from and against any and all liability associated with such action, response or remedy under this Agreement. Indemnitor shall grant Administrative Agent Lender and its designees access to the Property at any time or times, upon reasonable notice (which may be written or oral), and a license which is coupled with an interest and irrevocable, to make or cause such action as Administrative Agent Lender determines is necessary to remedy any actual or threatened non-compliance with any Environmental Law. Administrative Agent Lender may disclose to interested parties any information Administrative Agent Lender has about the environmental condition or status of the Property, but shall be under no duty to disclose any such information except as may be required by law. Administrative Agent Lender shall be under no duty to make any environmental assessment, audit or inspection of the Property, and in no event shall any action or lack of action by Administrative Agent or any Lender be or give rise to a representation that the Property is in compliance with any applicable law, nor shall Indemnitor be entitled to rely on any environmental assessment, audit or inspection completed by Administrative Agent or any Lender. Neither Administrative Agent nor any Lender owes any no duty of care to protect Borrower Borrow or any person against, or to inform them of, the presence of any Hazardous Material, environmental condition, or compliance status at the Property. Nothing in this Agreement shall limit or impair any rights or remedies of Administrative Agent, any Lender or any other party against Indemnitor under any Environmental Law or otherwise at law or in equity, including without limiting any rights of contribution or indemnification.

Appears in 1 contract

Samples: Environmental Indemnification Agreement

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Lender Rights. In the event (i) a threatened or actual discharge or release of Hazardous Materials could affect the Property, whether or not the same originates or emanates from the Property or any contiguous real estate, or (ii) any non-compliance with any Environmental Law could affect the Property, activities at the Property or adjacent real properties, Administrative Agent Lender may either (x) provide Indemnitor thirty (30) days notice and opportunity to remedy such discharge or threat of discharge or release or non-compliance with any Environmental Law, or (y) cause such work to be performed at the Property and take any and all other actions as Lender shall deem necessary or advisable to address the threatened or actual discharge or release of Hazardous Material or remedy the non-compliance with Environmental Laws. Indemnitor shall reimburse Administrative Agent Lender for all costs and expenses whatsoever incurred on account of Administrative AgentXxxxxx’s action under this section, together with interest as hereinafter provided. Except as specifically set forth in this Agreement, Indemnitor shall release and forever discharge and covenants not to sue Administrative Agent and each Lender from and against any and all liability associated with such action, response or remedy under this Agreement. Indemnitor shall grant Administrative Agent Lender and its designees access to the Property at any time or times, upon reasonable notice (which may be written or oral), and a license which is coupled with an interest and irrevocable, to make or cause such action as Administrative Agent Lender determines is necessary to remedy any actual or threatened non-compliance with any Environmental Law. Administrative Agent Lender may disclose to interested parties any information Administrative Agent Lender has about the environmental condition or status of the Property, but shall be under no duty to disclose any such information except as may be required by law. Administrative Agent Lender shall be under no duty to make any environmental assessment, audit or inspection of the Property, and in no event shall any action or lack of action by Administrative Agent or any Lender be or give rise to a representation that the Property is in compliance with any applicable law, nor shall Indemnitor be entitled to rely on any environmental assessment, audit or inspection completed by Administrative Agent or any Lender. Neither Administrative Agent nor any Lender owes any no duty of care to protect Borrower Borrow or any person against, or to inform them of, the presence of any Hazardous Material, environmental condition, or compliance status at the Property. Nothing in this Agreement shall limit or impair any rights or remedies of Administrative Agent, any Lender or any other party against Indemnitor under any Environmental Law or otherwise at law or in equity, including without limiting any rights of contribution or indemnification.

Appears in 1 contract

Samples: Environmental Indemnification Agreement

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