Common use of Notice of Environmental Events Clause in Contracts

Notice of Environmental Events. (A) The Lessee shall promptly, but in any case within fifteen (15) Business Days of receiving actual or constructive notice thereof, notify the Lessor and the Related Assignee if, after the date of this Lease, (1) any Environmental Matter relating to the Release of Contaminants in, on, beneath, from or involving the Facility, the Additional Property or any other Property or Equipment or any part thereof has occurred, or any proceeding has been brought by a third party under Environmental Requirements (other than proceedings described in subsection (2) hereof), in each case that could reasonably be expected to result in Environmental Damages in excess of $500,000, or (2) the Lessee has received notification that it, the Facility, the Additional Property or any other Property or Equipment or any part thereof is the subject of a judicial or administrative proceeding arising under the Environmental Requirements in which a Governmental Authority is a party, unless the Lessee reasonably believes that such proceeding will result in no monetary sanctions, or in monetary sanctions, exclusive of interest and costs, of less than $100,000, or (3) any Environmental Matter otherwise relating to compliance with an Environmental Requirement has occurred that could reasonably be expected to result in Environmental Damages in excess of $1,000,000 (each of (1), (2) and (3) an "Environmental Event"). Notice as required hereunder shall be deemed to have been given with respect to Environmental Matters identified in Schedule 2(i)(u) or in the Pilko Environmental Report; provided, however, that this presumption shall not apply to any adverse development in any such Environmental Matter that occurs, or of which Lessee becomes aware, after the date hereof, which adverse development would, regardless of prior notice, in and of itself constitute an Environmental Event. (B) Following the receipt of a notice pursuant to (A) above, the Lessor and the Related Assignee, in each case in their sole discretion, may require the Lessee to conduct, or cause to be conducted, an environmental investigation of the Facility, the Additional Property or such Property or Equipment, the scope of which investigation shall be limited to evaluating the scope and magnitude of the Environmental Event and to provide a copy of the investigation report to the Lessor and the Related Assignee. The Lessor and the Related Assignee, after receipt of the investigation report, may in each case, in their reasonable discretion, require an investigation of the Environmental Event by the Environmental Consultant. (C) The Lessee shall take, or cause to be taken at no cost to the Lessor or any Related Assignee, such actions as may be necessary to comply in all respects with all applicable Environmental Requirements and to alleviate any unreasonable risk to human health or the environment if the same arises from a condition on or in respect of the Facility, the Additional Property or any other Property or Equipment or any part thereof, whether existing prior to, on or after the date of this Lease, provided, however, that it shall have the right to contest any such Environmental Requirements pursuant to Section 28 hereof in good faith, and provided further, that the Lessee in all cases shall promptly address any unreasonable risk to human health or the environment. At the request of the Lessor or the Related Assignee during the Initial Term or any Extended Term, the Lessee shall give periodic progress reports on its compliance efforts and actions. (D) The Lessee shall, no later than January 15 and July 15 of each year following the date hereof, provide the Lessor and the Related Assignee with a report describing the Environmental Events that have occurred during the previous six months (but with respect to the first such report, that have occurred since the date hereof), regardless of whether notice of such events was given under subsection (A) of this paragraph (g)(vii) of Section 2(ii).

Notice of Environmental Events. (Ai) The Lessee shall promptly, but in any case within fifteen five (155) Business Days of receiving actual or constructive notice thereof, notify the Lessor and the Related Assignee if, after the date of this Lease, (1A) any Environmental Matter relating to the Release of Contaminants in, on, beneath, from or has occurred involving the Facility, the Additional Property or any other Property or Equipment Project or any part thereof has occurred(including, but not limited to, the presence, emission or unpermitted Release of Contaminants or the violation of any proceeding has been brought by a third party under applicable Environmental Requirements (other than proceedings described in subsection (2Requirements) hereof), in each case that could reasonably be expected to result in Environmental Damages penalties or other liabilities in excess of $500,000, 1,000,000 or (2B) the Lessee has received notification that it, the Facility, the Additional Property or any other Property or Equipment Project or any part thereof is the subject of a judicial or administrative proceeding arising under the Environmental Requirements in which a Governmental Authority is a party, unless the Lessee reasonably believes that such proceeding will result in no monetary sanctions, or in monetary sanctions, exclusive of interest and costs, of less than $100,000, or (3) any Environmental Matter otherwise relating to compliance with an Environmental Requirement has occurred that could reasonably be expected to result in any ordered remediation or corrective action or other liability related to an Environmental Damages in excess THIS LEASE AGREEMENT IS CONFIDENTIAL AND PROPRIETARY Matter, the cost of which liability is reasonably expected to exceed $1,000,000 (each of (1), (2A) and (3B) an "Environmental EventENVIRONMENTAL EVENT"). Notice as required hereunder shall be deemed to have been given with respect to Environmental Matters identified in Schedule 2(i)(u) or in the Pilko Environmental Report; provided, however, that this presumption shall not apply to any adverse development in any such Environmental Matter that occurs, or of which Lessee becomes aware, after the date hereof, which adverse development would, regardless of prior notice, in and of itself constitute an Environmental Event. (Bii) Following the receipt of a notice pursuant to (Ai) above, the Lessor and the Related Assignee, in each case in their sole discretion, may require the Lessee to conduct, or cause to be conductedconducted by a qualified environmental consultant satisfactory in all respects to the Lessor and Assignee, an environmental investigation audit of the Facility, Project or related operation on which the Additional Property Lessor or such Property or EquipmentAssignee may rely, the scope of which investigation audit shall be limited to evaluating confirming the scope magnitude and magnitude anticipated cost of the liability resulting from the Environmental Event and to provide a copy of the investigation such environmental consultant's report on its audit to the Lessor and the Related Assignee. The Lessor and the Related Assignee, after receipt of the investigation report, may in each case, in their reasonable discretion, require an investigation of the Environmental Event by the Environmental Consultant. (Ciii) The Lessee shall takeimmediately initiate, or cause to be taken initiated at no cost to the Lessor or any Related Assignee, such actions as may be necessary to comply in all respects with all applicable Environmental Requirements and to alleviate any unreasonable significant risk to human health or the environment if the same arises from a condition on or in respect of the Facility, the Additional Property or any other Property or Equipment Project or any part thereof, whether existing prior to, on or after the date of this Lease. Once the Lessee commences such actions, provided, however, that it the Lessee shall have the right thereafter diligently and expeditiously proceed to contest any such comply materially and in a timely manner with all Environmental Requirements pursuant and to Section 28 hereof in good faith, and provided further, that the Lessee in all cases shall promptly address eliminate any unreasonable significant risk to human health or the environment. At environment and shall, at the request of the Lessor or the Related Assignee during the Initial Term or any Extended Lease Term, the Lessee shall give periodic progress reports on its compliance efforts and actions. (D) The Lessee shall, no later than January 15 and July 15 of each year following the date hereof, provide the Lessor and the Related Assignee with a report describing the Environmental Events that have occurred during the previous six months (but with respect to the first such report, that have occurred since the date hereof), regardless of whether notice of such events was given under subsection (A) of this paragraph (g)(vii) of Section 2(ii).

Notice of Environmental Events. (Ai) The Lessee shall promptly, but in any case within fifteen five (155) Business Days of receiving actual or constructive notice thereof, notify the Lessor and the Related Assignee if, after the date of this Lease, (1A) any Environmental Matter relating to the Release of Contaminants in, on, beneath, from or has occurred involving the Facility, the Additional Property or any other Property or Equipment Project or any part thereof has occurred(including, but not limited to, the presence, emission or unpermitted Release of Contaminants or the violation of any proceeding has been brought by a third party under applicable Environmental Requirements (other than proceedings described in subsection (2Requirements) hereof), in each case that could reasonably be expected to result in Environmental Damages penalties or other liabilities in excess of $500,000100,000, or (2B) the Lessee has received notification that it, the Facility, the Additional Property or any other Property or Equipment Project or any part thereof is the subject of a judicial or administrative proceeding arising under the Environmental Requirements in which a Governmental Authority is a party, unless the Lessee reasonably believes that such proceeding will result in no monetary sanctions, or in monetary sanctions, exclusive of interest and costs, of less than $100,000, or (3) any Environmental Matter otherwise relating to compliance with an Environmental Requirement has occurred that could reasonably be expected to result in any ordered remediation or corrective action or other liability related to an Environmental Damages in excess Matter, the cost of which liability is reasonably expected to exceed $1,000,000 100,000 (each of (1), (2A) and (3B) an "Environmental Event"). Notice as required hereunder shall be deemed to have been given with respect to Environmental Matters identified in Schedule 2(i)(u) or in the Pilko Environmental Report; provided, however, that this presumption shall not apply to any adverse development in any such Environmental Matter that occurs, or of which Lessee becomes aware, after the date hereof, which adverse development would, regardless of prior notice, in and of itself constitute an Environmental Event. (Bii) Following the receipt of a notice pursuant to (Ai) above, the Lessor and the Related Assignee, in each case in their sole discretion, may require the Lessee to conduct, or cause to be conductedconducted by a qualified environmental consultant satisfactory in all respects to the Lessor and Assignee, an environmental investigation audit of the Facility, Project or related operation on which the Additional Property Lessor or such Property or EquipmentAssignee may rely, the scope of which investigation audit shall be limited to evaluating confirming the scope magnitude and magnitude anticipated cost of the liability resulting from the Environmental Event and to provide a copy of the investigation such environmental consultant's report on its audit to the Lessor and the Related Assignee. The Lessor and the Related Assignee, after receipt of the investigation report, may in each case, in their reasonable discretion, require an investigation of the Environmental Event by the Environmental Consultant. (Ciii) The Lessee shall takeimmediately initiate, or cause to be taken initiated at no cost to the Lessor or any Related Assignee, such actions as may be necessary to comply in all respects with all applicable Environmental Requirements and to alleviate any unreasonable significant risk to human health or the environment if the same arises from a condition on or in respect of the Facility, the Additional Property or any other Property or Equipment Project or any part thereof, whether existing prior to, on or after the date of this Lease. Once the Lessee commences such actions, provided, however, that it the Lessee shall have the right thereafter diligently and expeditiously proceed to contest any such comply materially and in a timely manner with all Environmental Requirements pursuant and to Section 28 hereof in good faith, and provided further, that the Lessee in all cases shall promptly address eliminate any unreasonable significant risk to human health or the environment. At environment and shall, at the request of the Lessor or the Related Assignee during the Initial Term or any Extended Term, the Lessee shall give periodic progress reports on its compliance efforts and actions. (D) The Lessee shall, no later than January 15 and July 15 of each year following the date hereof, provide the Lessor and the Related Assignee with a report describing the Environmental Events that have occurred during the previous six months (but with respect to the first such report, that have occurred since the date hereof), regardless of whether notice of such events was given under subsection (A) of this paragraph (g)(vii) of Section 2(ii).

Notice of Environmental Events. (Ai) The Lessee shall promptly, but in any case within fifteen ten (1510) Business Days days of receiving actual or constructive notice thereof, notify the Lessor and the Related Assignee if, on or after the date of this LeaseEffective Date, (1A) any Environmental Matter relating to the Release of Contaminants in, on, beneath, from or has occurred involving the Facility, the Additional Property or any other Property or Equipment Project or any part thereof has occurred(including, but not limited to, the presence, emission or unpermitted Release of Contaminants or the violation of any proceeding has been brought by a third party under applicable Environmental Requirements (other than proceedings described in subsection (2Requirements) hereof), in each case that if adversely determined could reasonably be expected to result in Environmental Damages penalties or other liabilities in excess of $500,000, 5,000,000 or (2B) the Lessee has received notification that it, the Facility, the Additional Property or any other Property or Equipment Project or any part thereof is the subject of a judicial or administrative proceeding arising under the Environmental Requirements in which a Governmental Authority is a party, unless the Lessee reasonably believes that such proceeding will result in no monetary sanctions, or in monetary sanctions, exclusive of interest and costs, of less than $100,000, or (3) any Environmental Matter otherwise relating to compliance with an Environmental Requirement has occurred that could reasonably be expected to result in any ordered remediation or corrective action or other liability related to an Environmental Damages in excess Matter, the cost of which liability could reasonably be expected to exceed $1,000,000 5,000,000 (each of (1), (2A) and (3B) an "Environmental Event"). Notice as required hereunder shall be deemed to have been given with respect to Environmental Matters identified in Schedule 2(i)(u) or in the Pilko Environmental Report; provided, however, that this presumption shall not apply to any adverse development in any such Environmental Matter that occurs, or of which Lessee becomes aware, after the date hereof, which adverse development would, regardless of prior notice, in and of itself constitute an Environmental Event. (B) Following the receipt of a notice pursuant to clause (Ai) above, the Lessor and the Related Assignee, in each case in their sole discretion, may require the Lessee to conduct, or cause to be conductedconducted by the Environmental Consultant, an environmental investigation audit of the Facility, Project or related operation on which the Additional Property Lessor or such Property or EquipmentAssignee may rely, the scope of which investigation audit shall be limited to evaluating confirming the scope magnitude and magnitude anticipated cost of the liability resulting from the Environmental Event and to provide a copy of the investigation such environmental consultant's report on its audit to the Lessor and the Related Assignee. The Lessor and the Related Assignee, after receipt of the investigation report, may in each case, in their reasonable discretion, require an investigation of the Environmental Event by the Environmental Consultant. (Cii) The Lessee shall takeimmediately initiate, or cause to be taken initiated at no cost to the Lessor or any Related Assignee, such actions as may be necessary to comply in all respects with all applicable Environmental Requirements and to alleviate any unreasonable significant risk to human health or the environment if the same arises from a condition on or in respect of the Facility, the Additional Property or any other Property or Equipment Project or any part thereof, whether existing prior to, on or after the date of this Lease. Once the Lessee commences such actions, provided, however, that it the Lessee shall have the right thereafter diligently and expeditiously proceed to contest any such comply materially and in a timely manner with all Environmental Requirements pursuant and to Section 28 hereof in good faith, and provided further, that the Lessee in all cases shall promptly address eliminate any unreasonable significant risk to human health or the environment. At environment and shall, at the request of the Lessor or the Related Assignee during the Initial Term or any Extended Lease Term, the Lessee shall give periodic progress reports on its compliance efforts and actions. (D) The Lessee shall, no later than January 15 and July 15 of each year following the date hereof, provide the Lessor and the Related Assignee with a report describing the Environmental Events that have occurred during the previous six months (but with respect to the first such report, that have occurred since the date hereof), regardless of whether notice of such events was given under subsection (A) of this paragraph (g)(vii) of Section 2(ii).

Notice of Environmental Events. Without limiting the foregoing clause (a), the Company will promptly give written notice to each Major Holder, (i) upon obtaining knowledge thereof, of (A) The Lessee shall promptlyany violation of any Environmental Law regarding any real property presently or formerly owned, but in leased or operated by the Company or any case within fifteen of its Subsidiaries or regarding the operations of the Company or any of its Subsidiaries, or (15) Business Days of receiving actual or constructive notice thereof, notify the Lessor and the Related Assignee if, after the date of this Lease, (1B) any Environmental Matter relating to the Release potential or known release or threat of Contaminants in, on, beneathrelease of any Hazardous Substances at, from or involving into any real estate presently or formerly owned, leased or operated by the Facility, the Additional Property Company or any other Property or Equipment of its Subsidiaries, that the Company or any part thereof has occurredof its Subsidiaries reports in writing or is required to report in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and (ii) upon receipt by the Company or any proceeding has been brought by of its Subsidiaries of any notice of violation of any Environmental Laws or of any release or threatened release of Hazardous Substances, including a notice or claim of liability or potential responsibility from any third party under Environmental Requirements (other than proceedings described in subsection (2) hereof)including without limitation any federal, in each case that could reasonably be expected to result in Environmental Damages in excess of $500,000, state or (2) the Lessee has received notification that it, the Facility, the Additional Property or any other Property or Equipment or any part thereof is the subject of a judicial or administrative proceeding arising under the Environmental Requirements in which a Governmental Authority is a party, unless the Lessee reasonably believes that such proceeding will result in no monetary sanctions, or in monetary sanctions, exclusive of interest and costs, of less than $100,000, or (3) any Environmental Matter otherwise relating to compliance with an Environmental Requirement has occurred that could reasonably be expected to result in Environmental Damages in excess of $1,000,000 (each of (1), (2local governmental officials) and (3) an "Environmental Event"). Notice as required hereunder shall be deemed to have been given including notice of any formal inquiry, proceeding, demand, investigation or other action with respect to Environmental Matters identified in Schedule 2(i)(u) or in the Pilko Environmental Report; provided, however, that this presumption shall not apply to any adverse development in any such Environmental Matter that occurs, or of which Lessee becomes aware, after the date hereof, which adverse development would, regardless of prior notice, in and of itself constitute an Environmental Event. (B) Following the receipt of a notice pursuant regard to (A) abovethe Company's or any Person's operation of any real estate presently or formerly owned, leased or operated by the Lessor and the Related AssigneeCompany or its Subsidiaries, in each case in their sole discretion(B) contamination on, may require the Lessee to conductfrom or into such real estate, or cause to be conducted, an environmental investigation of the Facility, the Additional Property or such Property or Equipment, the scope of which investigation shall be limited to evaluating the scope and magnitude of the Environmental Event and to provide a copy of the investigation report to the Lessor and the Related Assignee. The Lessor and the Related Assignee, after receipt of the investigation report, may in each case, in their reasonable discretion, require an investigation of the Environmental Event by the Environmental Consultant. (C) The Lessee shall takeinvestigation or remediation of offsite locations at which the Company, or cause to be taken at no cost to the Lessor its Subsidiaries or any Related Assignee, such actions as may be necessary of their predecessors are alleged to comply in all respects with all applicable Environmental Requirements and to alleviate any unreasonable risk to human health have directly or indirectly disposed of Hazardous Substances; or (iii) upon the environment if the same arises from a condition on or in respect of the Facility, the Additional Property Company's or any other Property of its Subsidiaries' obtaining knowledge that any expense or Equipment loss has been incurred by such governmental authority in connection with the assessment, containment, removal or remediation of any part thereof, whether existing prior to, on or after the date of this Lease, provided, however, that it shall have the right to contest any such Environmental Requirements pursuant to Section 28 hereof in good faith, and provided further, that the Lessee in all cases shall promptly address any unreasonable risk to human health or the environment. At the request of the Lessor or the Related Assignee during the Initial Term or any Extended Term, the Lessee shall give periodic progress reports on its compliance efforts and actions. (D) The Lessee shall, no later than January 15 and July 15 of each year following the date hereof, provide the Lessor and the Related Assignee with a report describing the Environmental Events that have occurred during the previous six months (but Hazardous Substances with respect to which the first such reportCompany, that have occurred since its Subsidiaries or any of their predecessors may be liable or for which a lien may be imposed on the date hereof)real property owned, regardless leased or operated by the Company or its Subsidiaries. The Company shall also provide each Major Holder with copies of whether notice of such events was given under subsection (A) of this paragraph (g)(vii) of Section 2(ii)any environmental studies, reports, assessments or audits which it provides to any lender to the Company or to any governmental authority.