Lessor’s Right to Perform Lessee’s Obligations. Notwithstanding anything to the contrary set forth in this Lease, in the event, pursuant to this Lease, Lessee is required to undertake any sampling, assessment, investigation or remediation with respect to the Premises or the Property, as the case may be, and Lessee fails to undertake the same as described herein, beyond the applicable notice and cure period, then, at Lessor's discretion, Lessor shall have the right at a time reasonably agreed to by Lessor and Lessee, to perform such activities at Lessee's expense, and all reasonable sums incurred by Lessor shall be paid by Lessee, as Additional Rent, upon demand. Notwithstanding the foregoing, if the anticipated cost of remediation exceeds $100,000.00, then Lessor may elect to perform such remediation, at Lessee's expense, upon written notice to Lessee, and Lessor shall have no obligation to give Lessee an opportunity to first undertake such remediation. In the event Lessor exercises the foregoing remedies, Lessor hereby agrees to indemnify, defend, pay on behalf of and hold harmless Lessee and its respective directors, officers, invitees, agents, servants and employees from and against any loss, damage, liability, cost, claim or expense (including reasonable attorney's fees and disbursements) arising from or in connection with Lessor's negligence or willful misconduct in the exercise of such remedies, subject however, in any event, to the mutual releases and waivers of subrogation set forth in Section 30(f) of this Lease. Lessor represents and warrants that to Lessor's knowledge (i) the Property is in full compliance with Environmental Laws; (ii) there has not been any past or present release, discharge, emission, disposal or presence of Contaminants (defined in subsection (xi) hereof) at the Property; (iii) there are no Contaminants stored, located or present on the Property; (iv) the Property is not subject to any pending or threatened Environmental Action (hereinafter defined in this subsection); and (v) Lessor does not have knowledge or notice of any threatened or pending Environmental Action with respect to the Property. For the purposes of this section, the following definitions will apply:
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Samples: Lease (Griffin Capital Essential Asset REIT II, Inc.)
Lessor’s Right to Perform Lessee’s Obligations. Notwithstanding anything If Lessee shall fall to perform any one or more of its obligations hereunder after written notice, within the time herein permitted, Lessor, in addition to its other rights and remedies hereunder, shall have the right, without being under any obligation to do so and without thereby waiving such default, to make payment and/or remedy any default for the account of Lessee (and enter the Leased Premises for such purpose without being liable for prosecution of any claim for damages therefor), and thereupon Lessee shall be obligated to, and hereby agrees to, pay Lessor upon demand, all reasonable costs, expenses and disbursements incurred by Lessor in taking such remedial action, plus interest thereon at the rate of twelve percent (12%) per annum, from the date of demand until paid, plus all reasonable legal expenses incurred by Lessor, including attorneys' fees and court costs in connection therewith. If Lessor shall fail to keep or perform any of its obligations under this Lease in respect to the contrary set forth making of any payment to Lessee or the performance of any other Lease obligation, and upon the continuance of such failure on Lessor's part for thirty (30) days (provided such 30-day notice and cure period shall be decreased, as reasonably required, in cases of emergency) after the delivery to Lessor of notice of such default from Lessee (or, in the case of any such failure which cannot reasonably be cured within thirty (30) days but which is curable and provided such default condition does not create an emergency situation, within such additional period as may be reasonably required by Lessor to cure such failure, provided Lessor has promptly commenced such cure and thereafter diligently prosecutes such cure to completion), then Lessor shall be in default under the terms of this Lease, and Lessee shall be entitled to (i) cure such default of Lessor by performing the relevant obligations of Lessor on Lessor's behalf, in the event, pursuant to this Lease, Lessee is required to undertake any sampling, assessment, investigation or remediation with respect to the Premises or the Property, as which the case may beLessor shall reimburse Lessee, promptly upon receipt of an invoice from Lessee for such costs, for all costs expended by Lessee in performing such obligations, plus interest thereon accruing from and Lessee fails to undertake after the same as described herein, beyond the applicable notice and cure period, then, at twentieth (20th) day following Lessor's discretionreceipt of such invoice at twelve percent (12%) per annum until reimbursement thereof by Lessor, Lessor shall have the right at a time reasonably agreed to by Lessor and Lessee, to perform such activities at Lessee's expense, and and/or (ii) pursue all reasonable sums incurred by Lessor shall be paid by Lessee, as Additional Rent, upon demand. Notwithstanding the foregoing, if the anticipated cost of remediation exceeds $100,000.00, then Lessor may elect to perform such remediation, at Lessee's expense, upon written notice other remedies available to Lessee, and Lessor shall have no obligation to give Lessee an opportunity to first undertake at law or in equity, as a result of such remediationdefault. In the event Lessor exercises the foregoing remedies, Lessor hereby agrees to indemnify, defend, pay on behalf of and hold harmless Lessee and its respective directors, officers, invitees, agents, servants and employees from and against any loss, damage, liability, cost, claim or expense (including reasonable attorney's fees and disbursements) arising from or in connection with Lessor's negligence or willful misconduct in the exercise of such remedies, subject however, in any event, to the mutual releases and waivers of subrogation set forth in Section 30(f) of this Lease. Lessor represents and warrants that to Lessor's knowledge proceeds under clause (i) hereinabove, Lessee shall be entitled to offset the Property is in full compliance with Environmental Laws; (ii) there has not been any past or present release, discharge, emission, disposal or presence amount of Contaminants (defined in subsection (xi) hereof) at such unreimbursed costs and interest thereon as provided above against the Property; (iii) there are no Contaminants stored, located or present on amounts next due and payable under the Property; (iv) the Property is not subject to any pending or threatened Environmental Action (hereinafter defined in this subsection); and (v) Lessor does not have knowledge or notice of any threatened or pending Environmental Action with respect to the Property. For the purposes of this section, the following definitions will apply:Lease.
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