Common use of Lessee's Obligations for Hazardous Materials Clause in Contracts

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property of types and in the quantities commonly used in assisted living facilities in the Commonwealth of Pennsylvania and which have been used, stored and disposed of in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased Improvements in violation of the preceding sentence, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed a Phase I Environmental Site Assessment dated August 1996, and related supplemental reports and letters prepared by Urban Engineers of Erie, Inc. and a Subsurface Exploration and Foundation Engineering Report dated August 23, 1996, prepared by Geotechnical Consultants, Inc. for the Facility (collectively, the "Environmental Reports"). Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Reports or any other environmental report. Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property of types and in the quantities commonly used in assisted living facilities in the Commonwealth State of Pennsylvania Ohio and which have been used, stored and disposed of in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased Improvements in violation of the preceding sentence, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed a Phase I Environmental Site Assessment dated August 1996, and related supplemental reports and letters Report prepared by Urban Engineers of ErieC-K Associates, Inc. and a Subsurface Exploration and Foundation Engineering Report dated August 23, 1996, prepared by Geotechnical Consultants, Inc. of approximately equal date herewith for the each Facility (collectively, collectively the "Environmental ReportsReport"). Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Reports Report or any other environmental report. Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property of types and in the quantities commonly used in assisted living facilities in the Commonwealth State of Pennsylvania Ohio and which have been used, stored and disposed of in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased Improvements in violation of the preceding sentence, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed a Phase I Environmental Site Assessment dated August 1996, and related supplemental reports and letters prepared by Urban Engineers of ErieATC Associates, Inc. and a Subsurface Exploration and Foundation Engineering Report dated August 23December 31, 1996, prepared by Geotechnical Consultants, Inc. 1997 for the Facility (collectively, the "Environmental ReportsReport"). Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Reports Report or any other environmental report. report (including, without limitation, any UST System Closure Reports prepared by GETCO Environmental Consultants.) Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.

Lessee's Obligations for Hazardous Materials. Lessee shall, at its sole cost and expense, take all actions as required to cause the Leased Property including, but not limited to, the Land and all Leased Improvements, to be free and clear of the presence of all Hazardous Materials during the Term; provided, however, that Lessee shall be entitled to use and maintain Hazardous Materials on the Leased Property of types in connection with Lessee's business and in the quantities commonly used in assisted living facilities in the Commonwealth of Pennsylvania and which have been used, stored and disposed of in compliance with all applicable laws. In this connection, Lessee shall, upon its discovery, belief or suspicion of the presence of Hazardous Materials on, in or under any part of the Leased Property, including, but not limited to, the Land and all Leased Improvements in violation of the preceding sentenceImprovements, immediately notify Lessor and, at no expense to Lessor, cause any such Hazardous Materials to be removed immediately, in compliance with all applicable laws and in a manner causing the least disruption of or interference with the operation of Lessee's business. Lessee hereby agrees to fully indemnify, protect, defend and hold harmless Lessor from any costs, damages, claims, liability or loss of any kind or nature arising out of or in any way in connection with the presence, suspected presence, removal or remediation of Hazardous Materials in, on, or about the Leased Property, or any part thereof. Lessee acknowledges that it has received and reviewed a that certain Phase I Environmental Site Assessment Investigation Update, dated August as of December 18, 1996, and related supplemental reports and letters prepared by Urban Engineers of ErieC-K Associates, Inc. and a Subsurface Exploration and Foundation Engineering Report dated August 23as Project No. 06-388, 1996, prepared by Geotechnical Consultants, Inc. for the Facility Task 3.0 (collectively, the "Environmental ReportsReport"). A copy of the Environmental Report is attached hereto as Exhibit "B". Without limiting Lessee's other obligations under this Lease, Lessee agrees, at Lessee's sole cost, to fully comply with all recommendations set forth in the Environmental Reports or any other environmental reportReport, as updated, promptly after the Commencement Date hereunder. Lessee's obligations hereunder shall apply to all Hazardous Materials, irrespective of whether the existence of such Hazardous Materials is known by Lessor and no matter when they arose or were discovered and therefore will include any Hazardous Materials that existed prior to, at, or after the Commencement Date and during the Term.