Common use of Pre-Existing Conditions and External Events Clause in Contracts

Pre-Existing Conditions and External Events. If any environmental, construction, personnel, real property-related or other problems arise at the Managed Facility during the Term that: (a) relate to the Operation or condition of the Managed Facility, or activities undertaken at the Managed Facility or on the Leased Property, prior to the Term; (b) are caused by or arise from the actions of Landlord, Landlord’s Affiliates, Tenant or Tenant’s subsidiaries, or (c) are caused by or arise from sources not within the control of Manager and/or its Affiliates (including a Force Majeure Event), Manager’s services under this Agreement shall not extend to management of any remediation, abatement or other correction of such problems, and Tenant (or Landlord, as applicable, if and to the extent so required pursuant to the Lease) shall retain full managerial and financial responsibility and liability for and control over the remediation, abatement and correction of such problems (in each case, in accordance with the Lease and all Applicable Law), and shall take such actions in a timely manner with as little disturbance or interruption of the use and Operation of the Managed Facility as reasonably practicable. Notwithstanding the foregoing, in the event such problems exist: (i) Manager will cooperate reasonably with Landlord and/or Tenant, as applicable, in connection with such remediation, abatement and correction efforts; and (ii) if there is a reasonable likelihood that such problems would cause criminal or civil liability to Manager, Tenant, or Landlord, injury to persons using the Managed Facility or damage to the Managed Facility, Tenant shall promptly remedy such problems and if Tenant fails to do so, Manager shall have the right to take all reasonably necessary steps to comply with any Applicable Law and/or the terms of the Lease, or to avoid criminal or civil liability to Manager, Tenant, or Landlord, or injury to Persons or property; provided that Manager shall give Landlord and Tenant reasonable prior written notice thereof.

Pre-Existing Conditions and External Events. If any environmental, construction, personnel, real property-related or other problems arise at the Managed Facility Facilities during the Term that: (a) relate to the Operation or condition of the Managed FacilityFacilities, or activities undertaken at the Managed Facility Facilities or on the Leased PropertyPremises, prior to the Term; or (b) are caused by or arise from sources outside of the actions of Landlord, Landlord’s Affiliates, Tenant or Tenant’s subsidiaries, or (c) are caused by or arise from sources not within the control of Manager and/or its Affiliates (including a Force Majeure Event)Managed Facilities, Manager’s services under this Agreement shall not extend to management of any remediation, abatement or other correction of such problems, and Tenant (or Landlord, as applicable, if and to the extent so required pursuant to the Lease) Owner shall retain full managerial and financial responsibility and liability for and control over the remediation, abatement and correction of such problems (in each case, in accordance with the Lease and all Applicable Law), and shall take such actions in a timely manner with as little disturbance or interruption of the use and Operation of the Managed Facility Facilities as reasonably practicable. Notwithstanding the foregoing, in the event such problems exist: (i) Manager will cooperate reasonably with Landlord and/or Tenant, as applicable, Owner in connection with such Owner’s remediation, abatement and correction efforts; and (ii) if there is a reasonable likelihood that such problems would cause criminal or civil liability to Manager, Tenant, or Landlord, injury to persons using the Managed Facility Facilities or damage to the Managed FacilityFacilities, Tenant Owner shall promptly remedy such problems and if Tenant Owner fails to do so, Manager shall have the right to take all reasonably necessary steps to comply with any Applicable Law and/or the terms of the LeaseLaw, or to avoid criminal or civil liability to Manager, Tenant, or Landlord, or injury to Persons or property; provided provided, that Manager shall give Landlord and Tenant reasonable Owner prior written notice thereof.

Pre-Existing Conditions and External Events. If any environmental, construction, personnel, real property-related or other problems arise at the Managed Facility Manager Operated Areas during the Term that: that (a) relate to the Operation or condition of the Managed FacilityManager Operated Areas, or activities undertaken at the Managed Facility Manager Operated Areas or on the Leased PropertyLand, prior to the TermEffective Date; or (b) are caused by or arise from sources outside of the actions of Landlord, Landlord’s Affiliates, Tenant or Tenant’s subsidiaries, or (c) are caused by or arise from sources not within the control of Manager and/or its Affiliates (including a Force Majeure Event)Operated Areas, Manager’s services under this Agreement shall not extend to management of any remediation, abatement or other correction of such problems, and Tenant (or Landlord, as applicable, if and to the extent so required pursuant to the Lease) shall retain full managerial and financial responsibility and liability for and control over the remediation, abatement and correction of such problems (in each case, in accordance with the Lease and all Applicable Law)problems, and shall take such actions in a timely manner with as little disturbance or interruption of the use and Operation of the Managed Facility Manager Operated Areas as reasonably practicable. Notwithstanding the foregoing, in the event such problems exist: (i) , Manager will cooperate reasonably with Landlord and/or Tenant, as applicablemay elect, in connection with such its sole and absolute discretion, to undertake reasonable remediation, abatement and correction efforts; and (ii) provided, however, if there is a reasonable likelihood that such problems would could cause criminal or civil liability to Manager, Tenant, or Landlord, injury to persons using the Managed Facility Manager or damage to the Managed Facility, Manager Operated Areas or injury to persons or property and regardless of whether or not Tenant shall promptly remedy has requested Manager to take any such problems and if Tenant fails to do socurative actions, Manager shall have the right to take all reasonably necessary steps to comply with any Applicable Law and/or the terms of the LeaseLaw, or to avoid criminal or civil liability to Manager, Tenant, or Landlord, damage to the Manager Operated Areas or injury to Persons or property; provided provided, further, that any and all reasonable costs and expenses incurred by Manager in connection therewith shall give Landlord and Tenant reasonable prior written notice thereofbe paid or reimbursed promptly by Tenant.

Pre-Existing Conditions and External Events. If any environmental, construction, personnel, real property-related or other problems arise at the Managed Facility Facilities during the Term that: (a) relate to the Operation or condition of the Managed FacilityFacilities, or activities undertaken at the Managed Facility Facilities or on the Leased Property, prior to the Term; (b) are caused by or arise from the actions of Landlord, Landlord’s Affiliates, Tenant or Tenant’s subsidiaries, or (c) are caused by or arise from sources not within the control of Manager and/or its Affiliates (including a Force Majeure Event), Manager’s services under this Agreement shall not extend to management of any remediation, abatement or other correction of such problems, and Tenant (or Landlord, as applicable, if and to the extent so required pursuant to the Master Lease) shall retain full managerial and financial responsibility and liability for and control over the remediation, abatement and correction of such problems (in each case, in accordance with the Master Lease and all Applicable Law), and shall take such actions in a timely manner with as little disturbance or interruption of the use and Operation of the Managed Facility Facilities as reasonably practicable. Notwithstanding the foregoing, in the event such problems exist: (i) Manager will cooperate reasonably with Landlord and/or Tenant, as applicable, in connection with such remediation, abatement and correction efforts; and (ii) if there is a reasonable likelihood that such problems would cause criminal or civil liability to Manager, Tenant, or Landlord, injury to persons using the Managed Facility Facilities or damage to the Managed FacilityFacilities, Tenant shall promptly remedy such problems and if Tenant fails to do so, Manager shall have the right to take all reasonably necessary steps to comply with any Applicable Law and/or the terms of the Master Lease, or to avoid criminal or civil liability to Manager, Tenant, or Landlord, or injury to Persons or property; provided that Manager shall give Landlord and Tenant reasonable prior written notice thereof.

Pre-Existing Conditions and External Events. If any environmental, construction, personnel, real property-related or other problems arise at the Managed Facility Manager Operated Areas during the Term that: that (a) relate to the Operation or condition of the Managed FacilityManager Operated Areas, or activities undertaken at the Managed Facility Manager Operated Areas or on the Leased PropertyLand, prior to the TermEffective Date; or (b) are caused by or arise from sources outside of the actions of Landlord, Landlord’s Affiliates, Tenant or Tenant’s subsidiaries, or (c) are caused by or arise from sources not within the control of Manager and/or its Affiliates (including a Force Majeure Event)Operated Areas, Manager’s services under this Agreement shall not extend to management of any remediation, abatement or other correction of such problems, and Tenant (or Landlord, as applicable, if and to the extent so required pursuant to the Lease) Owner shall retain full managerial and financial responsibility and liability for and control over the remediation, abatement and correction of such problems (in each case, in accordance with the Lease and all Applicable Law)problems, and shall take such actions in a timely manner with as little disturbance or interruption of the use and Operation operation of the Managed Facility Manager Operated Areas as reasonably practicable. Notwithstanding the foregoing, in the event such problems exist: (i) , Manager will cooperate reasonably with Landlord and/or Tenant, as applicablemay elect, in connection with such its sole and absolute discretion, to undertake reasonable remediation, abatement and correction efforts; and (ii) provided, however, if there is a reasonable likelihood that such problems would could cause criminal or civil liability to Manager, Tenant, or Landlord, injury to persons using the Managed Facility Manager or damage to the Managed Facility, Tenant shall promptly remedy Manager Operated Areas or injury to persons or property and regardless of whether or not Owner has requested Manager to take any such problems and if Tenant fails to do socurative actions, Manager shall have the right to take all reasonably necessary steps to comply with any Applicable Law and/or the terms of the LeaseLaw, or to avoid criminal or civil liability to Manager, Tenant, or Landlord, damage to the Manager Operated Areas or injury to Persons or property; provided provided, further, that any and all reasonable costs and expenses incurred by Manager in connection therewith shall give Landlord and Tenant reasonable prior written notice thereofbe paid or reimbursed promptly by Owner.