Post-Possession ESA Reports Sample Clauses

Post-Possession ESA Reports. Not more than 180 days before the Lease Term’s end or within sixty (60) days after the Lease has been terminated, Tenant shall conduct, at its expense, a Phase I ESA and, if the Phase I reasonably indicates that a Phase II ESA should be conducted, then also a Phase II on the Premises. Tenant shall provide copies of the Phases I and II (if applicable) to Landlord. Tenant shall give Landlord at least five (5) days’ prior notice of any sampling event on the Premises, and Landlord may attend all sampling events and take split samples for independent testing at Landlord’s expense. Tenant may not file any environmental report with any governmental agency or department without Landlord’s prior review and approval. If Landlord reasonably believes that either ESA is inaccurate, incomplete, or misleading, then Tenant shall have the entire ESA or the deficient parts corrected at Tenant’s expense and without delay. If it is determined that the ESA was accurate and complete, then Tenant may deduct its additional costs from any rental payment. The ESAs shall be prepared by a qualified, independent engineer licensed by the state of Arizona and in compliance with current ASTM E1527 and E1903 standards. A. If Tenant’s Phase II ESA discloses (i) that there are no Regulated Substances on the Premises other than those listed in the ESA(s) conducted by Landlord under this Article and (ii) the concentration of any Regulated Substance listed in the ESA(s) conducted by Landlord has not increased, then Tenant shall have no responsibility to remediate the Premises. B. If Tenant’s Phase II ESA discloses (i) the presence of any Regulated Substance that was not listed in the ESA(s) conducted by Landlord under this Article or (ii) the concentration of any Regulated Substance listed in the ESA(s) conducted by Landlord has increased above regulatory or advisory limits established or defined by Applicable Law, then Tenant shall remediate, at its expense, the contaminated parts of the Premises to substantially the same or to a better environmental condition that existed on the Effective Date, unless Tenant establishes that Tenant, its subtenants, their respective contractors, and all other persons or entities for which Tenant is liable did not cause or contribute to the presence or increase of Regulated Substances on or in the Premises. Landlord may do its own testing and sampling and may be present at and oversee all environmental remediation performed by Tenant on the Premises. If this L...
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Related to Post-Possession ESA Reports

  • Construction Reports Each Constructing Entity shall issue reports to each other Construction Party on a monthly basis, and at such other times as reasonably requested, regarding the status of the construction and installation of the Interconnection Facilities. Each Construction Party shall promptly identify, and shall notify each other Construction Party of, any event that the Construction Party reasonably expects may delay completion, or may significantly increase the cost, of the Interconnection Facilities. Should a Construction Party report such an event, Transmission Provider shall, within fifteen days of such notification, convene a technical meeting of the Construction Parties to evaluate schedule alternatives.

  • Preparation of Environmental Reports At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiaries, provide to the Administrative Agent within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in such request, prepared by a nationally recognized environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

  • Project Completion Report At the completion of construction and once a Project is placed in service, the Subrecipient must submit a Project Completion Report that includes the total number of units built and leased, affordable units built and leased, DR-MHP units built and leased, an accomplishment narrative, and the tenants names, demographics and income for each DR-MHP unit.

  • Production Report and Lease Operating Statements Within 60 days after the end of each fiscal quarter, a report setting forth, for each calendar month during the then current fiscal year to date, the volume of production and sales attributable to production (and the prices at which such sales were made and the revenues derived from such sales) for each such calendar month from the Oil and Gas Properties, and setting forth the related ad valorem, severance and production taxes and lease operating expenses attributable thereto and incurred for each such calendar month.

  • Environmental Reports Lender shall have received an environmental report in respect of the Property, in each case reasonably satisfactory to Lender.

  • Inspection of Reports The Depositary shall make available for inspection by holders of Receipts at the Corporate Office and at such other places as it may from time to time deem advisable during normal business hours any reports and communications received from the Company that are both received by the Depositary as the holder of deposited Preferred Stock and made generally available to the holders of the Preferred Stock. In addition, the Depositary shall transmit certain notices and reports to the holders of Receipts as provided in Section 5.05.

  • Rent Rolls; Operating Histories The Seller has obtained a rent roll (the “Certified Rent Roll(s)”) other than with respect to hospitality properties certified by the related Mortgagor or the related guarantor(s) as accurate and complete in all material respects as of a date within 180 days of the date of origination of the related Mortgage Loan. The Seller has obtained operating histories (the “Certified Operating Histories”) with respect to each Mortgaged Property certified by the related Mortgagor or the related guarantor(s) as accurate and complete in all material respects as of a date within 180 days of the date of origination of the related Mortgage Loan. The Certified Operating Histories collectively report on operations for a period equal to (a) at least a continuous three-year period or (b) in the event the Mortgaged Property was owned, operated or constructed by the Mortgagor or an affiliate for less than three years then for such shorter period of time, it being understood that for mortgaged properties acquired with the proceeds of a Mortgage Loan, Certified Operating Histories may not have been available.

  • Project Reports The Recipient shall monitor and evaluate the progress of the Project and prepare Project Reports in accordance with the provisions of Section 4.08 of the General Conditions and on the basis of the indicators agreed with the Association. Each Project Report shall cover the period of one calendar semester, and shall be furnished to the Association not later than one month after the end of the period covered by such report.

  • Reports of Foreclosures and Abandonment of Mortgaged Property The Master Servicer or the Subservicers shall file information returns with respect to the receipt of mortgage interests received in a trade or business, the reports of foreclosures and abandonments of any Mortgaged Property and the information returns relating to cancellation of indebtedness income with respect to any Mortgaged Property required by Sections 6050H, 6050J and 6050P, respectively, of the Code, and deliver to the Trustee an Officers' Certificate on or before March 31 of each year stating that such reports have been filed. Such reports shall be in form and substance sufficient to meet the reporting requirements imposed by Sections 6050H, 6050J and 6050P of the Code.

  • Delivery of Earnings Statements As soon as practicable, the Company will make generally available to its security holders and to the Representative an earnings statement or statements of the Company and its subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158.

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