Pre-Construction Environmental Evaluation. Without limiting Tenant’s other rights Commented [A6R5]: LP: This work is already well under way. Xxxx is going to pull the scope of work for each so we can use it to create the Exhibit F. Commented [A5]: DISCUSSION ITEM: Note to Panattoni: the process and timing here should be discussed, relative to where you are with your environmental investigation currently. of inspection during the Due Diligence Period, Tenant shall, at its own expense, conduct a “Pre- Construction Environmental Evaluation” on the Property in accordance with the provisions of the Pre-Construction Environmental Evaluation Scope attached as Exhibit F attached hereto and the Environmental Construction Support Work Plan described in Section 6.4 below. Tenant shall not conduct any environmental sampling, testing, or other investigation of or on the Property without Landlord’s prior written approval of a sampling/investigation plan. Tenant will provide copies of all final reports and documenting data, sampling results, or other results of any such investigation to Landlord within five (5) business days of receiving such results. Following completion of the Pre-Construction Environmental Evaluation on the Property, a final “Pre- Construction Environmental Evaluation Report”, summarizing the results of the Pre- Construction Environmental Evaluation shall be prepared by Xxxxxx and submitted to the Port no later than five (5) business days after Xxxxxx’s receipt of such final Pre-Construction Environmental Evaluation Report. The Port shall have a period of twenty (20) days to review and approve the final findings of the Pre-Construction Environmental Evaluation Report, which approval shall not be unreasonably withheld, conditioned or delayed. Consistent Except for an Commented [A7]: See comment above in Section 1.50 unknown Hazardous Substances found during the Earthwork Construction Period that are determined to have existed as of the Commencement Date, and consistent with Section 1.50 above, any Hazardous Substances identified in the course of the Pre-Construction Environmental Evaluation and discussed in the final approved Pre-Construction Environmental Evaluation Report in concentrations exceeding industrial cleanup levels applicable to the property under the Washington Model Toxics Control Act, chapter 70A.305 RCW shall be the basis for defining the term Pre-Existing Hazardous Substances as it used in this Agreement and defined in Section
