Common use of Obligation to Investigate and Remediate Clause in Contracts

Obligation to Investigate and Remediate. Pilot, at Pilot's sole cost and expense, shall promptly investigate and remediate, in accordance with requirements of all applicable Environmental Laws: (a) any release or danger of release of Hazardous Material on the Airport other than the Assigned Space, including, but not limited to, into soil or groundwater, or the City's sewage or storm drainage system, which, was caused, or results, in whole or in part from the activities of Pilot, Pilot's officers, agents, employees, contractors, permittees or invitees; (b) any release or danger of release of Hazardous Material which commenced during the term of this License Agreement and which is discovered on the Assigned Space, unless the release was caused by the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or solely by migration of Hazardous Materials onto the Assigned Space. In addition to all other rights and remedies of City hereunder, if Pilot does not promptly commence, and diligently pursue to remediation, any such release, or danger of release, of Hazardous Materials, City, in its discretion, may pay to have same remediated and Pilot shall reimburse City within fifteen (15) business days of City's demand for payment. The failure to commence remediation and provide City with a schedule for diligent completion of the remediation within thirty (30) days after discovery of such release, or danger of release, of Hazardous Material shall constitute prima facie evidence of failure to promptly commence remediation. The demand for payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Pilot.

Obligation to Investigate and Remediate. PilotAirline, at PilotAirline's sole cost and expense, shall promptly investigate and remediate, in accordance with requirements of all applicable Environmental Laws: (a) , any release or danger discharge or threat of release or discharge of Hazardous Material Materials on the Airport other than Airline Premises or the Assigned SpaceAirport, including, including but not limited to, to any release or discharge or threat of release or discharge into soil or groundwater, groundwater which was caused or the City's sewage or storm drainage system, which, was caused, or results, results in whole or in part from the activities of PilotAirline, Pilot's Airline’s officers, agents, employees, contractors, permittees or invitees; (b) any release or danger of release of Hazardous Material which commenced during invitees but excluding the term of this License Agreement and which is discovered on the Assigned Space, unless the release was caused by the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or solely by migration disposal of Hazardous Materials onto the Assigned Spacethrough City’s sewerage system so long as such disposal complies with all applicable Environmental Laws. In addition to all other rights and remedies of City hereunder, if Pilot Airline does not promptly commence, and commence investigation of any such release or discharge or threat of release or discharge or diligently pursue to remediation, any such release, or danger of release, of Hazardous Materialsappropriate remedial activities as required by applicable Environmental Laws, City, in its discretion, may pay to have same investigated and remediated as required by applicable Environmental Laws, and Pilot Airline shall reimburse City for its share of the costs within fifteen thirty (1530) business days of City's demand for payment. The failure to commence remediation investigation and provide City with a schedule for diligent completion of the any required remediation within thirty (30) business days after (a) Airline’s discovery of such release, release or danger discharge or threat of release, release or discharge or (b) notice of Hazardous Material such release or discharge or threat of release or discharge to Airline shall constitute prima facie evidence of failure to promptly commence investigation and remediation. The demand for payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Pilot.

Obligation to Investigate and Remediate. PilotConcessionaire, at PilotConcessionaire's sole cost and expense, shall promptly investigate and remediate, in accordance with requirements of all applicable Environmental Laws: (a) any A. Any release or danger threat of release of Hazardous Material on the Airport other than Leased Premises or the Assigned SpaceAirport, including, but not limited to, into soil or groundwater, or the City's sewage or storm drainage system, which, system which was caused, caused or results, results in whole or in part from the activities of PilotConcessionaire, PilotConcessionaire's officers, agents, employees, contractors, permittees or invitees; (b) ; except that Concessionaire shall have no responsibility for any release or danger threat of release of Hazardous Material which commenced during the term of this License Agreement and which is discovered on the Assigned Space, unless the release Concessionaire establishes was caused by the sole negligence or willful misconduct of City, City’s 's officers, agents, employees, contractors or permittees by any third party, or solely by migration of Hazardous Materials onto the Assigned Spacepremises from a specifically identifiable source off the use premises. In addition to all other rights and remedies of City hereunder, if Pilot Concessionaire does not promptly commence, and diligently pursue to remediationremediate, to the extent required, any such release, or danger threat of release, of Hazardous MaterialsMaterials for which it has responsibility under this section, City, in its discretion, may pay to have same remediated and Pilot Concessionaire shall reimburse City plus a fifteen percent administration fee within fifteen (15) business days of City's demand for payment. The failure to commence remediation investigation and provide City with a schedule for diligent completion of the remediation within thirty (30) days after discovery of such release, or danger threat of release, of Hazardous Material shall constitute prima facie evidence of failure to promptly commence remediation. The demand for payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of PilotCity.

Obligation to Investigate and Remediate. PilotTenant, at PilotTenant's sole cost and expense, shall promptly investigate and remediate, in accordance with requirements of all applicable Environmental Laws: (a) any release or danger of release of Hazardous Material on the Airport other than the Assigned SpacePremises, including, but not limited to, into soil or groundwater, or the City's sewage or storm drainage system, which, was caused, or results, in whole or in part from the activities of PilotTenant, PilotXxxxxx's officers, agents, employees, contractors, permittees or invitees; (b) any release or danger of release of Hazardous Material which commenced during the term of this License Agreement Lease and which is discovered on the Assigned SpacePremises, unless Tenant establishes through investigation, sampling, testing and analysis acceptable to the City, that the release was caused by the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or solely by migration of Hazardous Materials onto the Assigned SpacePremises from a specifically identifiable source off the Premises. In addition to all other rights and remedies of City hereunder, if Pilot Xxxxxx does not promptly commence, and diligently pursue to remediationremediate, any such release, or danger of release, of Hazardous Materials, City, in its discretion, may pay pay, to have same remediated and Pilot Tenant shall reimburse City within fifteen (15) business days of City's demand for payment. The failure to commence remediation and provide City with a schedule for diligent completion of the remediation within thirty (30) days after discovery of such release, or danger of release, of Hazardous Material shall constitute prima facie evidence of failure to promptly commence remediation. The demand for payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of PilotTenant.

Obligation to Investigate and Remediate. PilotLicensee, at PilotLicensee's sole cost and expense, shall promptly investigate and remediate, in accordance with requirements of all applicable Environmental Laws: (a) any release or danger of release of Hazardous Material on the Airport other than the Assigned SpacePremises, including, but not limited to, into soil or groundwater, or the City's sewage or storm drainage system, which, was caused, or results, in whole or in part from the activities of PilotLicensee, PilotLicensee's officers, agents, employees, contractors, permittees or invitees; (b) any release or danger of release of Hazardous Material which commenced during the term of this License Agreement and which is discovered on the Assigned SpacePremises, unless the release was caused by the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or solely by migration of Hazardous Materials onto the Assigned SpacePremises. In addition to all other rights and remedies of City hereunder, if Pilot Licensee does not promptly commence, and diligently pursue to remediationremediate, any such release, or danger of release, of Hazardous Materials, City, in its discretion, may pay pay, to have same remediated and Pilot Licensee shall reimburse City within fifteen (15) business days of City's demand for payment. The failure to commence remediation and provide City with a schedule for diligent completion of the remediation within thirty (30) days after discovery of such release, or danger of release, of Hazardous Material shall constitute prima facie evidence of failure to promptly commence remediation. The demand for payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of PilotLicensee.