Common use of Pre-Lease Environmental Evaluation Clause in Contracts

Pre-Lease Environmental Evaluation. Developer will begin the Pre-Lease Environmental Evaluation for each Phase of the Project at least forty-five (45) days prior to the Commencement Date for the Ground Lease. The intent of the parties is that, while Developer will conduct the majority of the Pre-Lease Environmental Evaluation prior to the Commencement Date of the Ground Lease, Developer will not be obligated to complete the Pre- Lease Environmental Evaluation (and finalize the Pre-Lease Environmental Evaluation Report) until after the Commencement Date. The final Pre-Lease Environmental Evaluation will incorporate the field observations of contaminated soil discovered during construction of the Project as documented in the Environmental Construction Field Data Report. The Developer shall submit the Environmental Construction Field Data Report to the Port for review approval no later than forty-five (45) days after the Earthwork Construction End Date. The Pre-Lease Environmental Evaluation Report will be submitted by Developer for review and approval by Port at least fifteen (15) days before Substantial Completion of the Project, which approval shall not be unreasonably withheld. The Pre-Lease Environmental Evaluation Report will be relied upon by the parties to document the Pre-Lease Environmental Condition for the purposes of determining the extent of Pre-existing Hazardous Substances, compliance with environmental laws, liability, indemnity, and obligations with respect to post-occupancy remediation.

Pre-Lease Environmental Evaluation. Developer will begin the Pre-Lease Environmental Evaluation for each Phase of the Project at least forty-five (45) days prior to the Commencement Date for the Ground Lease. The intent of the parties is that, while Developer Xxxxxxxxx will conduct the majority of the Pre-Lease Environmental Evaluation prior to the Commencement Date of the Ground Lease, Developer will not be obligated to complete the Pre- Lease Environmental Evaluation (and finalize the Pre-Lease Environmental Evaluation Report) until after the Commencement Date. The final Pre-Lease Environmental Evaluation will incorporate the field observations of contaminated soil discovered during construction of the Project as documented in the Environmental Construction Field Data Report. The Developer shall submit the Environmental Construction Field Data Report to the Port for review approval no later than forty-five (45) days after the Earthwork Construction End Date. The Pre-Lease Environmental Evaluation Report will be submitted by Developer for review and approval by Port at least fifteen (15) days before Substantial Completion of the Project, which approval shall not be unreasonably withheld. The Pre-Lease Environmental Evaluation Report will be relied upon by the parties to document the Pre-Lease Environmental Condition for the purposes of determining the extent of Pre-existing Hazardous Substances, compliance with environmental laws, liability, indemnity, and obligations with respect to post-occupancy remediation.