Common use of Notice and Access Clause in Contracts

Notice and Access. The Indemnitors shall promptly notify the Indemnified Agent in writing if any of the Indemnitors knows, suspects or believes there is or are (a) any Hazardous Substances, other than those used by the property owner or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws, present on the Property; (b) any Release of Hazardous Substances in, on, under, from or migrating towards the Property; (c) any non-compliance with Environmental Laws related in any way to the Property; (d) any actual or potential Environmental Liens; (e) any investigation or action or claim, whether threatened or pending, by any governmental agency or third party pertaining to the Release of Hazardous Substances in, on, under, from, or migrating towards the Property; and/or (f) any installation of xxxxx, piping, or other equipment at the Property to investigate, remediate or otherwise address any Release of Hazardous Substances at, on, in or in the vicinity of the Property. The Indemnitors shall promptly, to the extent required of Indemnitors under applicable Environmental Laws and at the Indemnitors’ sole cost and expense, take all reasonable actions with respect to any Hazardous Substances or other environmental condition at, on or under the Property or other affected property, including all investigative, monitoring, removal, containment and remedial actions in accordance with all applicable Environmental Laws, including the payment, at no expense to the Indemnified Parties, of all clean-up, administrative and enforcement costs of applicable governmental agencies which may be asserted against the Property in all instances as necessary to comply with and as required of Indemnitors pursuant to all applicable Environmental Laws; (ii) protect human health or the environment; (iii) allow continued use, occupation, or operation of the Property; and/or (iv) maintain the fair market value of the Property (collectively, the “Completion of the Clean-up”). In the event the Indemnitors fail to do so, the Indemnified Parties may, but shall not be obligated or have any duty to, cause the Completion of the Clean-up of the Property. Upon reasonable prior notice, the Indemnitors hereby grant to the Indemnified Parties and their agents and employees access during normal business hours to the Property as provided in Section 1.6 below, and a license to remove any items deemed by the Indemnified Parties to be Hazardous Substances and to do all things the Indemnified Parties shall deem necessary to cause the Completion of the Clean-up of the Property.

Appears in 5 contracts

Samples: Environmental Indemnity Agreement (Grubb & Ellis Healthcare REIT, Inc.), Environmental Indemnity Agreement (Grubb & Ellis Healthcare REIT, Inc.), Environmental Indemnity Agreement (NNN Healthcare/Office REIT, Inc.)

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Notice and Access. The Indemnitors shall promptly notify the Indemnified Agent Parties in writing if any of the Indemnitors knows, suspects or believes there is or are (a) any Hazardous Substances, other than those used by the property owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws, present on the Property; (b) any Release of Hazardous Substances in, on, under, from or migrating towards the Property; (c) any non-compliance with Environmental Laws related in any way to the Property; (d) any actual or potential Environmental Liens; (e) any investigation or action or claim, whether threatened or pending, by any governmental agency or third party pertaining to the Release of Hazardous Substances in, on, under, from, or migrating towards the Property; and/or (f) any installation of xxxxx, piping, or other equipment at the Property to investigate, remediate or otherwise address any Release of Hazardous Substances at, on, in or in the vicinity of the Property. The Indemnitors shall promptly, to the extent required of Indemnitors under applicable Environmental Laws and at the Indemnitors’ sole cost and expense, take all reasonable actions with respect to any Hazardous Substances or other environmental condition at, on or under the Property or other affected propertyproperty to the extent relating to a Release from the Property, including all investigative, monitoring, removal, containment and remedial actions in accordance with all applicable Environmental Laws, including the payment, at no expense to the Indemnified Parties, of all clean-up, administrative and enforcement costs of applicable governmental agencies which may be asserted against the Property in all instances as necessary to (i) comply with and as required of Indemnitors pursuant to all applicable Environmental Laws; (ii) protect human health or the environment; (iii) allow continued use, occupation, or operation of the Property; and/or (iv) maintain the fair market value of the Property (collectively, the “Completion of the Clean-up”). In the event the Indemnitors fail to do so, the Indemnified Parties may, but shall not be obligated or have any duty to, cause the Completion of the Clean-up of the Property. Upon reasonable prior notice, the The Indemnitors hereby grant to the Indemnified Parties and their agents and employees access during normal business hours to the Property as provided in Section 1.6 below, and a license to remove any items deemed by the Indemnified Parties to be Hazardous Substances and to do all things the Indemnified Parties shall deem necessary to cause the Completion of the Clean-up of the Property.

Appears in 2 contracts

Samples: Environmental Indemnity Agreement (Grubb & Ellis Healthcare REIT, Inc.), Environmental Indemnity Agreement (Grubb & Ellis Healthcare REIT, Inc.)

Notice and Access. The Indemnitors shall promptly notify the Indemnified Agent Parties in writing if any of the Indemnitors knows, suspects or believes there is or are (a) any Hazardous Substances, other than those used by the property owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws, present on the Property; (b) any Release of Hazardous Substances in, on, under, from or migrating towards the Property; (c) any non-compliance with Environmental Laws related in any way to the Property; (d) any actual or potential Environmental Liens; (e) any investigation or action or claim, whether threatened or pending, by any governmental agency or third party pertaining to the Release of Hazardous Substances in, on, under, from, or migrating towards the Property; and/or (f) any installation of xxxxx, piping, or other equipment at the Property to investigate, remediate or otherwise address any Release of Hazardous Substances at, on, in or in the vicinity of the Property. The Indemnitors shall promptly, to the extent required of Indemnitors under applicable Environmental Laws and at the Indemnitors’ sole cost and expense, take all reasonable actions with respect to any Hazardous Substances or other environmental condition at, on or under the Property or other affected property, including all investigative, monitoring, removal, containment and remedial actions in accordance with all applicable Environmental Laws, including the payment, at no expense to the Indemnified Parties, of all clean-up, administrative and enforcement costs of applicable governmental agencies which may be asserted against the Property in all instances as necessary to (i) comply with and as required of Indemnitors pursuant to all applicable Environmental Laws; (ii) protect human health or the environment; (iii) allow continued use, occupation, or operation of the Property; and/or (iv) maintain the fair market value of the Property (collectively, the “Completion of the Clean-up”). In the event the Indemnitors fail to do so, the Indemnified Parties may, but shall not be obligated or have any duty to, cause the Completion of the Clean-up of the Property. Upon reasonable prior notice, the The Indemnitors hereby grant to the Indemnified Parties and their agents and employees access during normal business hours to the Property as provided in Section 1.6 below, and a license to remove any items deemed by the Indemnified Parties to be Hazardous Substances and to do all things the Indemnified Parties shall deem necessary to cause the Completion of the Clean-up of the Property.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Lifeway Foods Inc)

Notice and Access. The Indemnitors shall promptly notify the Indemnified Agent Parties in writing if any of the Indemnitors knows, suspects knows or believes there is or are (ai) any Hazardous Substances, other than those used by the property owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws, present on the Property; (bii) any Release of Hazardous Substances in, on, under, from or migrating towards the Property; (ciii) any non-compliance with Environmental Laws related in any way to the Property; (div) any actual or potential threatened Environmental Liens; (ev) any investigation or action or claim, whether threatened or pending, by any governmental agency or third party pertaining to the Release of Hazardous Substances in, on, under, from, or migrating towards the Property; and/or and (fvi) any installation of xxxxx, piping, or other equipment at the Property to investigate, remediate or otherwise address any Release of Hazardous Substances at, on, in or in the vicinity of the Property. The Indemnitors shall promptly, to the extent required of Indemnitors under applicable Environmental Laws and at the Indemnitors’s sole cost and expense, take all reasonable actions as are required by Environmental Laws with respect to any Hazardous Substances or other environmental condition at, on or under the Property or other affected property, including all investigative, monitoring, removal, containment and remedial actions in accordance with all applicable Environmental Laws, including the payment, at no expense to the Indemnified Parties, of all clean-up, administrative and enforcement costs of applicable governmental agencies which may be asserted against the Property in all instances as necessary to comply with and as required of Indemnitors pursuant to all applicable Environmental Laws; (ii) protect human health or the environment; (iii) allow continued use, occupation, or operation of the Property; and/or (iv) maintain the fair market value of the Property Laws (collectively, the “Completion of the Clean-up”). In the event the Indemnitors fail to do so, the Indemnified Parties may, but shall not be obligated or have any duty to, cause the Completion of the Clean-up of the Property. Upon reasonable prior notice, the Indemnitors hereby grant to the Indemnified Parties and their agents and employees access during normal business hours to the Property as provided in Section 1.6 1(f) below, and a license to remove any items deemed known by the Indemnified Parties to be Hazardous Substances and to do all things the Indemnified Parties shall deem necessary to cause the Completion of the Clean-up of the Property.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Horizon Group Properties Inc)

Notice and Access. The Indemnitors shall promptly notify the Indemnified Agent Parties in writing if any of the Indemnitors knows, suspects or believes there is or are (ai) any Hazardous Substances, other than those used by the property owner or tenants under leases Borrower at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws, present on the Property; (bii) any Release of Hazardous Substances in, on, under, from or migrating towards the Property; (ciii) any non-compliance with Environmental Laws related in any way to the Property; (div) any actual or potential Environmental Liens; (ev) any investigation or action or claim, whether threatened or pending, by any governmental agency or third party pertaining to the Release of Hazardous Substances in, on, under, from, or migrating towards the Property; and/or and (fvi) any installation of xxxxx, piping, or other equipment at the Property to investigate, remediate or otherwise address any Release of Hazardous Substances at, on, in or in the vicinity of the Property. The Indemnitors shall promptly, to the extent required of Indemnitors under applicable Environmental Laws and at the Indemnitors’ sole cost and expense, take all reasonable actions with respect to any Hazardous Substances or other environmental condition at, on or under the Property or other affected property, including all investigative, monitoring, removal, containment and remedial actions in accordance with all applicable Environmental Laws, including the payment, at no expense to the Indemnified Parties, of all clean-up, administrative and enforcement costs of applicable governmental agencies which may be asserted against the Property in all instances as necessary to (A) comply with and as required of Indemnitors pursuant to all applicable Environmental Laws; (iiB) protect human health or the environment; (iiiC) allow continued use, occupation, or operation of the Property; and/or and (ivD) maintain the fair market value of the Property (collectively, the “Completion of the Clean-up”). In the event the Indemnitors fail to do so, the Indemnified Parties may, but shall not be obligated or have any duty to, cause the Completion of the Clean-up of the Property. Upon reasonable prior notice, the Indemnitors hereby grant to the Indemnified Parties and their agents and employees access during normal business hours to the Property as provided in Section 1.6 l(f) below, and a license to remove any items reasonably deemed by the Indemnified Parties to be Hazardous Substances and to do take all things the reasonable steps Indemnified Parties shall deem necessary to cause the Completion of the Clean-up of the Property.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Sterling Mining CO)

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Notice and Access. The Indemnitors shall promptly notify the Indemnified Agent Parties in writing if any of the Indemnitors knows, suspects or believes there is or are (a) any Hazardous Substances, other than those used by the property owner Borrower or tenants under leases at the Property in the ordinary course of their businesses and in compliance with all Environmental Laws, present on the Property; (b) any Release of Hazardous Substances in, on, under, from or migrating towards the Property; (c) any non-compliance with Environmental Laws related in any way to the Property; (d) any actual or potential Environmental Liens; (e) any investigation or action or claim, whether threatened or pending, by any governmental agency or third party pertaining to the Release of Hazardous Substances in, on, under, from, or migrating towards the Property; and/or (f) any installation of xxxxx, piping, or other equipment at the Property to investigate, remediate or otherwise address any Release of Hazardous Substances at, on, in or in the vicinity of the Property. The Indemnitors shall promptly, to the extent required of Indemnitors under applicable Environmental Laws and at the Indemnitors’ sole cost and expense, take all reasonable actions with respect to any Hazardous Substances or other environmental condition at, on or under the Property or other affected propertyproperty (except for those substances used by the Borrower or tenants under leases at the Property in the ordinary course of their business and in compliance with all Environmental Laws), including all investigative, monitoring, removal, containment and remedial actions in accordance with all applicable Environmental Laws, including the payment, at no expense to the Indemnified Parties, of all clean-up, administrative and enforcement costs of applicable governmental agencies which may be asserted against the Property in all instances as necessary to (i) comply with and as required of Indemnitors pursuant to all applicable Environmental Laws; (ii) protect human health or the environment; (iii) allow continued use, occupation, or operation of the Property; and/or (iv) maintain the fair market value of the Property (collectively, the “Completion of the Clean-up”). In the event the Indemnitors fail to do so, the Indemnified Parties may, but shall not be obligated or have any duty to, cause the Completion of the Clean-up of the Property. Upon reasonable prior notice, the Indemnitors hereby grant to the Indemnified Parties and their agents and employees access during normal business hours to the Property as provided in Section 1.6 below, and a license to remove any items deemed by the Indemnified Parties to be Hazardous Substances and to do all things the Indemnified Parties shall deem necessary to cause the Completion of the Clean-up of the Property.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Grubb & Ellis Healthcare REIT, Inc.)

Notice and Access. The Indemnitors Indemnitor shall promptly notify the Indemnified Agent Parties in writing if any of the Indemnitors Indemnitor knows, suspects or believes there is or are (a) any Hazardous Substances, other than those used by the property owner Mortgagor or tenants under leases at the Property in the ordinary course of their occupancy and/or their businesses and in material compliance with all Environmental Laws, present on the Property; (b) any Release of Hazardous Substances in, on, under, from or migrating towards the Property; (c) any material non-compliance with Environmental Laws related in any way to the Property; (d) any actual or potential Environmental Liens; (e) any investigation or action or claim, whether threatened or pending, by any governmental agency or third party pertaining to the Release of Hazardous Substances in, on, under, from, or migrating towards the Property; and/or (f) any installation of xxxxx, piping, or other equipment at the Property to investigate, remediate or otherwise address any Release of Hazardous Substances at, on, in or in the vicinity of the Property. The Indemnitors Indemnitor shall promptly, to the extent required of Indemnitors under applicable Environmental Laws and at the Indemnitors’ Indemnitor's sole cost and expense, take all reasonable actions with respect to any Hazardous Substances or other environmental condition at, on or under the Property or other affected property, including all investigative, monitoring, removal, containment and remedial actions in accordance with all applicable Environmental Laws, including the payment, at no expense to the Indemnified Parties, of all clean-up, administrative and enforcement costs of applicable governmental agencies which may be asserted against the Property in all instances as necessary to (i) comply with and as required of Indemnitors pursuant to all applicable Environmental Laws; (ii) protect human health or the environment; (iii) allow continued use, occupation, or operation of the Property; and/or (iv) maintain the fair market value of the Property (collectively, the "Completion of the Clean-up"). Such Completion of the Clean-up may include the imposition of institutional controls such as deed and/or use restrictions in the reasonable judgment of the Indemnitor, provided that such controls or restrictions do not impact the ability to use the property for its intended use. In the event the Indemnitors fail Indemnitor fails to do so, the Indemnified Parties may, but shall not be obligated or have any duty to, cause the Completion of the Clean-up of the Property. Upon reasonable prior notice, the Indemnitors The Mortgagor hereby grant grants to the Indemnified Parties and their agents and employees access during normal business hours to the Property as provided in Section 1.6 below, and a license to remove any items deemed by the Indemnified Parties to be Hazardous Substances and to do all things the Indemnified Parties shall deem necessary to cause the Completion of the Clean-up of the Property.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Sun Communities Inc)

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