On-Site Conditions. Customer agrees to provide a suitable environment for the Product as specified by Honeywell, and when Services are provided at Customer site, to provide Honeywell full and safe access to the Product.
On-Site Conditions. If the ESACLRs for any of the Restaurants located on Owned Real Property identify any Recognized Environmental Conditions other than Off-Site Releases, Purchaser may, at its sole cost and expense, perform a Phase II site investigation if such Recognized Environmental Conditions are related to the historical presence at such Restaurant of any of the following: underground storage tanks; aboveground storage tanks; gasoline filling stations; waste treatment, storage, or disposal facilities; dry cleaning operations; vehicle repair or maintenance operations; other industrial machine or maintenance operations; plating and printing operations; or any use which would reasonably be expected to have Released or threatened the Release of any chlorinated solvents at such Owned Real Property (such conditions hereinafter defined as “On-Site Conditions”). The Phase II Site Investigation shall be targeted to reasonably investigate only the presence and extent of any On-Site Condition, and shall exclude to the extent possible any investigation of other Recognized Environmental Conditions or other environmental conditions at such Restaurant. For any Phase II site investigation performed at a Restaurant under this Section 6.15(c), Consultant shall prepare a proposal describing the scope and procedure of its proposed Phase II investigation (the “Phase II Work”), which shall be provided to RARE for its review and approval (such approval not to be unreasonably delayed or withheld) not less than seven (7) days before the work is scheduled to commence. Following such approval, RARE shall grant a limited right of access to the Owned Real Property to allow Purchaser and Consultant to perform the Phase II Work. Purchaser and Consultant shall use commercially reasonable efforts to avoid interference with RARE’s use and operation of the Owned Real Property during the performance of the Phase II Work. While performing any Phase II Work, Purchaser and Consultant shall at all times act in a reasonably diligent, expeditious and workmanlike manner and in accordance with all applicable Laws, including but not limited to Environmental Laws, and any written directives provided by any Governmental Entity with jurisdiction over the matter. Purchaser shall cause Consultant or any contractors or other Persons entering any Owned Real Property pursuant to this right of access to procure and maintain in full force and effect commercial general liability insurance (covering claims for bodily injury a...
