Notice of Hazardous Materials Claims. Shall immediately advise the Lender in writing of:
Notice of Hazardous Materials Claims. 42 Section 15.4 The Lessee’s Indemnity. 42
Notice of Hazardous Materials Claims. The Lessee shall immediately advise the Lessor in writing of (a) any governmental or regulatory actions instituted or threatened under any Hazardous Materials Law affecting all or any part of or any interest in the Project, (b) all claims made or threatened by any party against the Lessee, the Lessor or the Project relating to damage, contribution, cost recovery, compensation or loss or injury resulting from any Hazardous Materials, (c) the discovery of or reasonable cause to believe, to the Actual Knowledge of the Lessee without any duty to investigate, that any occurrence or condition on any real property adjoining the Project that could cause the Project to be classified in a manner which may support a claim under any Hazardous Materials Law, and (d) the discovery of any occurrence or condition on any part of the Project or, to the Actual Knowledge of the Lessee without any duty to investigate, any real property adjoining the Project which could subject the Lessee or the Lessor or any part of the Project to any limitations or restrictions on the ownership, occupancy, transferability or use thereof. Each of the Lessor and the Trustee may elect (but shall not be obligated) to join and participate in any settlements, remedial actions, legal proceedings or other actions initiated in connection with any claims or responses under any Hazardous Materials Law related to the Project and to have its reasonable attorneys’ fees relating to such participation paid by the Lessee. At its sole cost and expense from lawfully Available Funds, the Lessee agrees to promptly and completely cure and remedy every existing and future violation of a Hazardous Materials Law occurring on or with respect to any part of the Project and to promptly remove all Hazardous Materials now or hereafter in, on or under all or any part of the Project and to dispose of the same as required by any Hazardous Materials Law(s); provided, however, the Lessee shall not be in default hereunder so long as the Lessee (x) commences remediation work to remediate same within ten (10) days after written notice thereof (or, if the Lessee is unable to secure any permits or approvals of applicable governmental authorities required for such remediation during such 10-day period after using diligent and commercially reasonable efforts, upon its securing such permits, provided that the Lessee continues to attempt to secure the same in a diligent manner), and (y) thereafter diligently and expeditiously proceeds ...
