Common use of Radon Testing Clause in Contracts

Radon Testing. (i) Borrower must deliver the results of Radon Testing to Lender for its review by the Radon Testing Completion Date. (ii) If Lender determines that the Radon Testing does not indicate the necessity for Radon Remediation, Borrower’s obligations under this Section 4.03(h) will terminate. Such termination will not modify or diminish any other obligations of Borrower for any other Repairs under this Section 4.03. (iii) If Lender determines that the Radon Testing indicates the necessity for Radon Remediation, Lender will provide Borrower with a Radon Remediation Notice. (iv) No later than 30 days after the date of the Radon Remediation Notice, Borrower must provide Lender with a signed, binding fixed price radon remediation contract with a qualified service provider. (v) Borrower must pay the Radon Remediation Deposit to Lender. Lender will place the Radon Remediation Deposit in the Repair Reserve Fund to be disbursed in accordance with the terms of this Section 4.03. (vi) Borrower must complete the Radon Remediation by the Radon Remediation Completion Date. (vii) If Radon Remediation is required, the Repair Schedule of Work contained in Exhibit C will be deemed automatically amended to add the required Radon Remediation and the Radon Remediation Completion Date and such Radon Remediation and Radon Remediation Completion Date will be considered Repairs as if originally part of the Repair Schedule of Work attached as an exhibit to this Loan Agreement. However, at Lender’s option, in Lender’s Discretion, Borrower will enter into a formal amendment to the Repair Schedule of Work to more fully set forth the Radon Remediation and the Radon Remediation Completion Date. (viii) When the Radon Remediation is completed, Borrower must provide a written certification from a qualified environmental consultant, as determined by Lender, that the Radon Remediation has been satisfactorily completed, that a minimum of 48 hours of testing has been conducted and that the Mortgaged Property now meets the environmental eligibility standard of radon concentrations at or below 4 pCi/L. (ix) When the Radon Remediation is completed, Borrower will be required to enter into an O &M Program that provides that Borrower will cause radon levels on the Mortgaged Property to be tested as recommended by the environmental consultant or as required by Lender, and will provide Lender with the results of such testing. (x) Borrower acknowledges and agrees that radon gas in concentrations above those recommended by any Governmental Authority constitutes a Prohibited Activity or Condition, and that the Radon Remediation constitutes required Remedial Work under Section 6.12.

Radon Testing. (i) Borrower must deliver the results of Radon Testing to Lender for its review by the Radon Testing Completion Date. (ii) If Lender determines that the Radon Testing does not indicate the necessity for Radon Remediation, Borrower’s obligations under this Section 4.03(h) will terminate. Such termination will not modify or diminish any other obligations of Borrower for any other Repairs under this Section 4.03. (iii) If Lender determines that the Radon Testing indicates the necessity for Radon Remediation, Lender will provide Borrower with a Radon Remediation Notice. (iv) No later than 30 days after the date of the Radon Remediation Notice, Borrower must provide Lender with a signed, binding fixed price radon remediation contract with a qualified service provider. (v) Borrower must pay the Radon Remediation Deposit to Lender. Lender will place the Radon Remediation Deposit in the Repair Reserve Fund to be disbursed in accordance with the terms of this Section 4.03. (vi) Borrower must complete the Radon Remediation by the Radon Remediation Completion Date. (vii) If Radon Remediation is required, the Repair Schedule of Work contained in Exhibit C will be deemed automatically amended to add the required Radon Remediation and the Radon Remediation Completion Date and such Radon Remediation and Radon Remediation Completion Date will be considered Repairs as if originally part of the Repair Schedule of Work attached as an exhibit to this Loan Agreement. However, at Lender’s option, in Lender’s Discretion, Borrower will enter into a formal amendment to the Repair Schedule of Work to more fully set forth the Radon Remediation and the Radon Remediation Completion Date. (viii) When the Radon Remediation is completed, Borrower must provide a written certification from a qualified environmental consultant, as determined by Lender, that the Radon Remediation has been satisfactorily completed, that a minimum of 48 hours of testing has been conducted and that the Mortgaged Property now meets the environmental eligibility standard of radon concentrations at or below 4 pCi/L. (ix) When the Radon Remediation is completed, Borrower will be required to enter into an O &M Program that provides that Borrower will cause radon levels on the Mortgaged Property to be tested as recommended by the environmental consultant or as required by Lender, and will provide Lender with the results of such testing. (x) Borrower acknowledges and agrees that radon gas in concentrations above those recommended by any Governmental Authority constitutes a Prohibited Activity or Condition, and that the Radon Remediation constitutes required Remedial Work under Section 6.12. (i) Reserved.

Radon Testing. (i) Borrower must deliver the results of Radon Testing to Lender for its review by the Radon Testing Completion Date. (ii) If Lender determines that the Radon Testing does not indicate the necessity for Radon Remediation, Borrower’s obligations under this Section 4.03(h) will terminate. Such termination will not modify or diminish any other obligations of Borrower for any other Repairs under this Section 4.03. (iii) If Lender determines that the Radon Testing indicates the necessity for Radon Remediation, Lender will provide Borrower with a Radon Remediation Notice. (iv) No later than 30 days after the date of the Radon Remediation Notice, Borrower must provide Lender with a signed, binding fixed price radon remediation contract with a qualified service provider. (v) Borrower must pay the Radon Remediation Deposit to Lender. Lender will place the Radon Remediation Deposit in the Repair Reserve Fund to be disbursed in accordance with the terms of this Section 4.03. (vi) Borrower must complete the Radon Remediation by the Radon Remediation Completion Date. (vii) If Radon Remediation is required, the Repair Schedule of Work contained in Exhibit C will be deemed automatically amended to add the required Radon Remediation and the Radon Remediation Completion Date and such Radon Remediation and Radon Remediation Completion Date will be considered Repairs as if originally part of the Repair Schedule of Work attached as an exhibit to this Loan Agreement. However, at LenderXxxxxx’s option, in LenderXxxxxx’s Discretion, Borrower will enter into a formal amendment to the Repair Schedule of Work to more fully set forth the Radon Remediation and the Radon Remediation Completion Date. (viii) When the Radon Remediation is completed, Borrower must provide a written certification from a qualified environmental consultant, as determined by LenderXxxxxx, that the Radon Remediation has been satisfactorily completed, that a minimum of 48 hours of testing has been conducted and that the Mortgaged Property now meets the environmental eligibility standard of radon concentrations at or below 4 pCi/L. (ix) When the Radon Remediation is completed, Borrower will be required to enter into an O &M Program that provides that Borrower will cause radon levels on the Mortgaged Property to be tested as recommended by the environmental consultant or as required by LenderXxxxxx, and will provide Lender with the results of such testing. (x) Borrower acknowledges and agrees that radon gas in concentrations above those recommended by any Governmental Authority constitutes a Prohibited Activity or Condition, and that the Radon Remediation constitutes required Remedial Work under Section 6.12.

Radon Testing. (i) Borrower must deliver the results of Radon Testing to Lender for its review by the Radon Testing Completion Date. (ii) If Lender determines that the Radon Testing does not indicate the necessity for Radon Remediation, Borrower’s obligations under this Section 4.03(h) will terminate. Such termination will not modify or diminish any other obligations of Borrower for any other Repairs under this Section 4.03. (iii) If Lender determines that the Radon Testing indicates the necessity for Radon Remediation, Lender will provide Borrower with a Radon Remediation Notice. (iv) No later than 30 days after the date of the Radon Remediation Notice, Borrower must provide Lender with a signed, binding fixed price radon remediation contract with a qualified service provider. (v) Borrower must pay the Radon Remediation Deposit to Lender. Lender will place the Radon Remediation Deposit in the Repair Reserve Fund to be disbursed in accordance with the terms of this Section 4.03. (vi) Borrower must complete the Radon Remediation by the Radon Remediation Completion Date. (vii) If Radon Remediation is required, the Repair Schedule of Work contained in Exhibit C will be deemed automatically amended to add the required Radon Remediation and the Radon Remediation Completion Date and such Radon Remediation and Radon Remediation Completion Date will be considered Repairs as if originally part of the Repair Schedule of Work attached as an exhibit to this Loan Agreement. However, at Lender’s option, in Lender’s Discretion, Borrower will enter into a formal amendment to the Repair Schedule of Work to more fully set forth the Radon Remediation and the Radon Remediation Completion Date. (viii) When the Radon Remediation is completed, Borrower must provide a written certification from a qualified environmental consultant, as determined by Lender, that the Radon Remediation has been satisfactorily completed, that a minimum of 48 hours of testing has been conducted and that the Mortgaged Property now meets the environmental eligibility standard of radon concentrations at or below 4 pCi/L. (ix) When the Radon Remediation is completed, Borrower will be required to enter into an O && M Program that provides that Borrower will cause radon levels on the Mortgaged Property to be tested as recommended by the environmental consultant or as required by Lender, and will provide Lender with the results of such testing. (x) Borrower acknowledges and agrees that radon gas in concentrations above those recommended by any Governmental Authority constitutes a Prohibited Activity or Condition, and that the Radon Remediation constitutes required Remedial Work under Section 6.12.. B. The following definitions are added to Article XII: