Common use of Remedial Action Clause in Contracts

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, Borrower shall immediately take, at Borrower's sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 7 contracts

Samples: Loan Agreement, HCD Backfill Loan Agreement, Loan Agreement

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Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 7 contracts

Samples: Loan Agreement, Building Loan Agreement, Building Loan Agreement

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProperty, Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 4 contracts

Samples: Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property Land or Improvements, Borrower shall immediately take, at the Borrower's ’s sole expense, all remedial action required by by, and in compliance with, any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 3 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement (Global Growth Trust, Inc.), Construction Loan Agreement (Global Growth Trust, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProperty, Borrower shall, or shall cause Owner to, immediately take, at Borrower's ’s and Owner’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement, Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProperty, Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any regulatory agency, governing body, or any judgment, consent decree, settlement or compromise in with respect to any Hazardous Materials Claims.

Appears in 2 contracts

Samples: Loan Agreement (Howard Hughes Corp), Loan Agreement (Howard Hughes Corp)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProperty, Borrower shall immediately take, at Borrower's sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 2 contracts

Samples: Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, the Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws (or the applicable Governmental Authority exercising jurisdiction thereover) or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 2 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or and Improvements, Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 2 contracts

Samples: Building Loan Agreement (AAC Holdings, Inc.), Building Loan Agreement (AAC Holdings, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the any Property or Improvementsany portion thereof, Borrower and Operating Lessee shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 2 contracts

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc), Loan Agreement (Strategic Hotels & Resorts, Inc)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about Borrower’s real property (including but not limited to the Property or ImprovementsReal Estate), Borrower shall immediately promptly take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 2 contracts

Samples: Credit Agreement (Consonus Technologies, Inc.), Credit Agreement (Consonus Technologies, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or any Improvements, Borrower shall immediately take, at Borrower's sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Interstate General Co L P)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProperty, Borrower or Operating Lessee shall immediately take, at Borrower's ’s or Operating Lessee’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 2 contracts

Samples: Loan Agreement (KBS Strategic Opportunity REIT II, Inc.), Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvementseither Property, Borrower Borrowers shall immediately take, at Borrower's Borrowers' sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Hudson Pacific Properties, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, Borrower shall immediately promptly take, or cause Mortgage Borrower to take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws (or the applicable Governmental Authority exercising jurisdiction thereover) or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, Borrower shall immediately promptly take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Building Loan Agreement (Sunrise Senior Living Inc)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProperty, Borrower shall immediately promptly take, at Borrower's sole expenseor cause the responsible party to promptly take, all remedial action required by any Hazardous Materials Laws Laws, regulatory agency, governing body or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.)

Remedial Action. In response to the presence of any Hazardous Materials in violation of any Hazardous Materials Laws on, under or about the Property or ImprovementsProperty, Borrower shall immediately promptly take, at Borrower's ’s sole expense, all investigative and remedial action required of Borrower by any Hazardous Materials Laws or any order, judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Building Loan Agreement (Taubman Centers Inc)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the any Property or Improvementsany portion thereof, Borrower and Operating Lessee shall immediately promptly take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Chesapeake Lodging Trust)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about any of the Property or ImprovementsProperties, Borrower Borrowers shall immediately take, at Borrower's Borrowers' sole expense, all remedial action required by any Hazardous Materials Laws or and any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Prudential Bache Equitec Real Estate Partnership)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, the Borrower shall immediately promptly take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws (or the applicable Governmental Authority exercising jurisdiction thereover) or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvementsimprovements not in accordance with Hazardous Materials Laws or if the remediation of such Hazardous Materials is necessary or appropriate to obtain any Entitlements, Borrower shall immediately promptly take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims, or otherwise necessary or appropriate in order to obtain any Entitlements.

Appears in 1 contract

Samples: Loan Agreement (William Lyon Homes)

Remedial Action. In response to the presence of any Hazardous Materials --------------- on, under or about the Property or Improvements, Borrower shall immediately take, at Borrower's sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Construction Loan Agreement (Pizza Inn Inc /Mo/)

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Remedial Action. In response to the presence of any Hazardous Hazard­ous Materials on, under or about the Property or ImprovementsImprovements (but with respect to the Fee Properties, subject to any restrictions contained in the Capmark Loan documents of which Borrower has provided Lender with written notice and evidence), Borrower shall immediately taketake or cause to be taken, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Mate­rials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, Borrower shall immediately taketake or cause to be taken, at Borrower's ’s sole expense, all investigative and remedial action required by any Hazardous Materials Laws or any order, judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Construction Loan Agreement (Imax Corp)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, the Borrower shall immediately cause Mortgage Borrower to take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws (or the applicable Governmental Authority exercising jurisdiction thereover) or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsMortgaged Property, Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (LGI Homes, Inc.)

Remedial Action. In response to the presence of any Hazardous --------------- Materials on, under or about the Property or Improvements, Borrower shall immediately take, at Borrower's sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Construction Loan Agreement (Americredit Corp)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any regulatory agency, governing body, or any judgment, consent decree, settlement or compromise in with respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Howard Hughes Corp)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvements, Borrower shall immediately promptly take, at Borrower's sole expense, all remedial action required by any Hazardous Materials Laws Laws, regulatory agency, governing body or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Hines Global Reit Ii, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under under, or about a certain Project Site which are the Property or Improvementssole responsibility of such Co-Borrower, such Co-Borrower shall immediately take, at Borrower's its sole cost and expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement settlement, or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Fuelcell Energy Inc)

Remedial Action. In response to actual knowledge by Borrower of the presence of any Hazardous Materials on, under or about the any Property or Improvementsin violation of Hazardous Materials Laws, Borrower shall immediately take, at Borrower's sole expense, take (or cause to be taken) all remedial action Remediation required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials ClaimsClaims in accordance with and as set forth in the Hazardous Materials Indemnity Agreement.

Appears in 1 contract

Samples: Loan Agreement (Bloomin' Brands, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProperty, Borrower Owner shall immediately promptly take, at Borrower's sole ’s and/or Owner’s expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Revolving Loan Agreement (Columbia Equity Trust, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property Development or Improvements, Borrower shall immediately take, at Borrower's sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Disbursement Agreement

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvementsany Property, Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or Improvementsany Real Estate Asset, Borrower shall immediately promptly take, at Borrower's sole ’s expense, all remedial action as and to the extent required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Revolving Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProject, Borrower shall immediately take, at Borrower's ’s sole cost and expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in with respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Acquisition and Project Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)

Remedial Action. In response to the presence of any Hazardous Materials on, under or about the Property or ImprovementsProject, Borrower shall immediately take, at Borrower's ’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

Appears in 1 contract

Samples: Loan Agreement

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