NYDEC Consent Order Clause Samples

NYDEC Consent Order. Lessee acknowledges receipt and review of a true and complete copy of the NYDEC Court Order in existence on the Effective Date. Lessee shall not operate the Lessee Business nor otherwise use the Leased Premises in violation of the NYDEC Consent Order. The costs and expenses of compliance under the NYDEC Consent Order shall be equitably apportioned between Lessor and Lessee in relation to the historical use and operation of the respective Lessor Business and Lessee Business and otherwise in accordance with this Lease. Lessee acknowledges and agrees that Lessor, as the signatory to the NYDEC Consent Order, shall lead all negotiations with NYDEC and the State of New York with respect to all matters relating to or arising out of the NYDEC Consent Order; provided, however, where such amendments or modifications are solely attributed to the action or inaction of the Lessor, Lessor agrees to reasonably consult with Lessee with respect thereto; provided, further, however, Lessee shall not be obligated to comply with any material amendments or modifications of the NYDEC Consent Order made after the Effective Date without Lessee’s written consent, which shall not be unreasonably withheld or delayed provided the same do not materially increase Lessee’s financial obligations under this Land Lease.