Common use of Remedial Work Clause in Contracts

Remedial Work. In the event any investigation or monitoring of site conditions or any clean-up, containment, restoration, removal, treatment, stabilization, or other remedial work (collectively, the "Remedial Work") is required at the Properties under any Environmental Laws, by any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties because of, or in connection with, any occurrence or event described in Paragraph 3 above, or in order to maintain the marketability of the Properties by attaining certain cleanup standards, Indemnitor shall perform or cause to be performed the required Remedial Work in compliance with such Environmental Laws, agreement or standard. All required Remedial Work shall be performed by one or more contractors, selected by Indemnitor and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by Indemnitee, and under the supervision of a consulting engineer, selected by Indemnitee and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by Indemnitor. All costs and expenses of such required Remedial Work shall be paid by Indemnitor including, without limitation, the charges of such contractor(s) and/or the consulting engineer, and Indemnitee's reasonable consultant, attorney and paralegal fees and costs incurred in connection with monitoring or review of such Remedial Work. In the event Indemnitor shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Indemnitee may, but shall not be required to, cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith shall be Costs within the meaning of Paragraph 3 above. All such Costs shall be immediately due and payable upon demand by Indemnitee.

Remedial Work. In the event that any investigation or investigation, site monitoring of site conditions or any ------------- containment, clean-up, containmentremoval, restoration, removal, treatment, stabilization, precautionary actions or other remedial work of any kind or nature (collectively, the "Remedial Work") is required at the Properties under any Environmental ------------- applicable Hazardous Substances Laws, by any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties because as a result of, or in connection with, any occurrence or event described in Paragraph 3 aboveRelease, suspected Release, or in threatened Release by Tenant, Tenant shall, within 30 days after receipt of information that such Remedial Work is or may be required (or such shorter period of time as may be required under applicable law, regulation, order to maintain or agreement), commence the marketability of the Properties by attaining certain cleanup standardsperformance of, Indemnitor shall perform or cause to be performed commenced, and thereafter diligently prosecute to completion, the required performance of all such Remedial Work in compliance with such Environmental Laws, agreement or standardWork. All required Remedial Work shall be performed by one or more contractors, selected approved in advance, in writing, by Indemnitor and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by IndemniteeLandlord, and under the supervision of a consulting engineerengineer approved in advance, selected in writing, by Indemnitee and approved (such approval Landlord, which consent shall not to be unreasonably withheld or delayed) in advance in writing by Indemnitorwithheld. All costs and expenses of such required Remedial Work shall be paid by Indemnitor Tenant, including, without limitation, the charges of such contractor(s) contractors and/or the consulting engineer, and IndemniteeLandlord's reasonable consultantattorneys' fees and costs, attorney and paralegal including, without limitation, fees and costs of both outside and in-house counsel incurred in connection with monitoring or review of such Remedial Work. In the event Indemnitor Tenant shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, the performance of such Remedial Work, Indemnitee Landlord may, but shall not be required to, cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith therewith, shall be Costs within deemed Additional Rent due from Tenant under the meaning of Paragraph 3 above. All such Costs shall be immediately due and payable upon demand by IndemniteeLease.

Remedial Work. In the event If any investigation or monitoring of site conditions or any clean-up, containment, restoration, removal, treatment, stabilization, or other remedial work Remedial Work (collectively, the "Remedial Work"as defined herein) is reasonably necessary or desirable, Indemnitor shall commence and thereafter diligently prosecute to completion all such Remedial Work within thirty (30) days after written demand by Lender for performance thereof (or such shorter period of time as may be required at the Properties under any Environmental Laws, by any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties because of, or in connection with, any occurrence or event described in Paragraph 3 above, or in order to maintain the marketability of the Properties by attaining certain cleanup standards, Indemnitor shall perform or cause to be performed the required Remedial Work in compliance with such Environmental Laws, agreement or standard). All required Remedial Work shall be performed by one or more contractors, selected by Indemnitor and contractors approved (such approval not to be unreasonably withheld or delayed) in advance in writing by IndemniteeLender, and under the supervision of a consulting engineer, selected engineer approved by Indemnitee and approved (such approval not Lender. Lender shall be provided a copy of all Environmental Reports prepared after discovery of the reasonable necessity to be unreasonably withheld or delayed) in advance in writing perform Remedial Work immediately upon receipt thereof by Indemnitor, and shall be copied on all correspondence with any Governmental Authority regarding the Hazardous Substances Contamination and/or the Remedial Work. All costs and expenses of such required Remedial Work shall be paid by Indemnitor including, without limitation, the charges of such contractor(s) and/or the consulting engineer, and IndemniteeLender's reasonable consultant, attorney and paralegal attorneys' fees and out-of-pocket costs incurred in connection with monitoring or review of such Remedial Work. In the event Indemnitor shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Indemnitee Lender may, but shall not be required to, cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith therewith, shall be Costs within become part of the meaning Indebtedness (as defined in the Deed of Paragraph 3 above. All such Costs shall be immediately due and payable upon demand by IndemniteeTrust).

Remedial Work. In the event that any investigation or monitoring of investigation, site conditions or any clean-upmonitoring, containment, restorationcleanup, removal, treatmentrestoration, stabilization, precautionary actions or other remedial work of any kind or nature (collectively, the "Remedial Work") is required at the Properties under any applicable Environmental Laws, by any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties because Law as a result of, or in connection with, any occurrence or event described in Paragraph 3 aboveRelease, suspected Release, or in order to maintain threatened Release, the marketability of the Properties by attaining certain cleanup standards, Indemnitor shall perform within thirty days after receipt of information that such Remedial Work is or may be required (or such shorter period of time as may be required under applicable law regulation, order or agreement), commence the performance of, or cause to be performed commenced, and thereafter diligently prosecute to completion, the required performance of all such Remedial Work in compliance with such Environmental Laws, agreement or standardWork. All required Remedial Work shall be performed by one or more contractors, selected by Indemnitor and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by Indemniteethe the Majority Lenders, and under the supervision of a consulting engineer, selected by Indemnitee and engineer approved (such approval not to be unreasonably withheld or delayed) in advance in writing by Indemnitorthe the Majority Lenders, which consent shall not be unreasonably withheld. All costs and expenses of such required Remedial Work shall be paid by Indemnitor the Indemnitor, including, without limitation, the charges of such contractor(s) contractors and/or the consulting engineer, and Indemnitee's the reasonable consultant, attorney and paralegal attorneys' fees and costs of the Lenders, the Issuing Banks (other than any Third Party Issuer), the LC Guarantor or the Agent, including, without limitation, fees and costs of both outside and staff counsel incurred in connection with monitoring or review of such Remedial Work. In the event the Indemnitor shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, the performance of such Remedial Work, Indemnitee the Majority Lenders may, but shall not be required to, cause such Remedial Work to be performed, performed and all costs and expenses thereof, or incurred in connection therewith therewith, shall be Costs within the meaning of Paragraph 3 above. All such Costs shall be immediately due and payable upon demand by Indemniteedeemed claims hereunder.

Remedial Work. In the event any investigation or monitoring ------------- of site conditions or any clean-up, containment, restoration, removal, treatment, stabilization, removal or other remedial work (collectively, the "Remedial Work") is required at the Properties reasonably necessary under any Requirements of Environmental Laws (defined below), Mortgagor shall within thirty (30) days after written demand by Mortgagee (or such shorter period of time as may be required under Requirements of Environmental Laws, by any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties because of, or in connection with, any occurrence or event described in Paragraph 3 above, or in order to maintain the marketability of the Properties by attaining certain cleanup standards, Indemnitor shall ) perform or cause to be performed the required Remedial Work in compliance with such Environmental Lawsthe applicable law, agreement regulation, order or standardagreement. All required Remedial Work shall be performed by one or more contractors, selected by Indemnitor Mortgagor and approved (such in advance in writing by Mortgagee, which approval shall not to be unreasonably withheld or delayed) in advance in writing by Indemnitee, and under the supervision of a consulting engineer, selected by Indemnitee Mortgagor and approved (such in advance in writing by Mortgagee, which approval shall not to be unreasonably withheld or delayed) in advance in writing by Indemnitor. All costs and expenses of such required Remedial Work shall be paid by Indemnitor Mortgagor including, without limitation, the charges of such the contractor(s) and/or the consulting engineer, and IndemniteeMortgagee's reasonable consultantattorneys', attorney and paralegal architects' and/or consultants' fees and costs incurred in connection with monitoring or review of such the Remedial Work. In the event Indemnitor Mortgagor shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such the Remedial Work, Indemnitee Mortgagee may, but shall not be required to, upon thirty (30) days= prior written notice to Mortgagor, cause such Remedial Work to be performed, subject to the provisions of Sections 11.05 and all costs and expenses thereof, or incurred in connection therewith shall be Costs within the meaning of Paragraph 3 above11.06 hereof. All such Costs shall be immediately due and payable upon demand by Indemnitee.----- -----

Remedial Work. In the event that any investigation or monitoring of investigation, site conditions or any clean-upmonitoring, containment, restorationcleanup, removal, treatment, stabilization, restoration or other remedial work of any kind or nature (collectively, the "“Remedial Work"”) is required at the Properties to be undertaken under any Environmental Lawsapplicable local, by state or federal law or regulation, any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties entity because of, or in connection with, the current or reasonably threatened future presence or release of a Hazardous Substance in or into the air, soil, groundwater, surface water or soil vapor at, on, about, under or within the Property (or any occurrence portion thereof), Mortgagor shall promptly after written demand for performance thereof by appropriate governmental authorities or event described in Paragraph 3 aboveLender (or such shorter period of time as may be required under any applicable law, regulation, order or in agreement or, if any applicable law, regulation, order or agreement expressly specifies a longer period of time, such longer period), commence and thereafter diligently prosecute to maintain the marketability of the Properties by attaining certain cleanup standardscompletion, Indemnitor shall perform or cause to be performed the required all such Remedial Work in compliance with such Environmental Laws, agreement or standardWork. All required Remedial Work shall be performed by one or more contractors, contractors selected by Indemnitor Mortgagor and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by IndemniteeLender, and under the supervision of a consulting engineer, engineer selected by Indemnitee Mortgagor and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by IndemnitorLender. All costs and expenses of such required Remedial Work shall be paid by Indemnitor Mortgagor including, without limitationbut not limited to, the charges of such contractor(s) and/or the consulting engineer, and Indemnitee's Lender’s reasonable consultant, attorney and paralegal attorneys’ fees and reasonable costs incurred in connection with its monitoring or review of such Remedial Work. In the event Indemnitor Mortgagor shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial WorkWork following Lender’s written notice to Mortgagor of such alleged failure and adequate time for Mortgagor to correct such alleged failure, Indemnitee Lender may, but shall not be required to, cause such Remedial Work to be performed, performed and all reasonable costs and expenses thereof, or incurred in connection therewith therewith, shall be Costs within become part of the meaning of Paragraph 3 above. All such Costs shall be immediately due and payable upon demand by Indemniteeindebtedness secured hereby.

Remedial Work. In the event any investigation or monitoring of site conditions or any clean-upclean‑up, containment, restoration, removal, treatment, stabilization, removal or other remedial work (collectively, the "“Remedial Work"”) is required at the Properties reasonably necessary under any Requirements of Environmental Laws (defined below), Mortgagor shall within thirty (30) days after written demand by Mortgagee (or such shorter period of time as may be required under Requirements of Environmental Laws, by any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties because of, or in connection with, any occurrence or event described in Paragraph 3 above, or in order to maintain the marketability of the Properties by attaining certain cleanup standards, Indemnitor shall ) perform or cause to be performed the required Remedial Work in compliance with such Environmental Lawsthe applicable law, agreement regulation, order or standardagreement. All required Remedial Work shall be performed by one or more contractors, selected by Indemnitor Mortgagor and approved (such in advance in writing by Mortgagee, which approval shall not to be unreasonably withheld or delayed) , and, if mandated by Requirements of Environmental Laws, under the supervision of a Licensed Site Remediation Professional (“LSRP”), selected by Mortgagor and approved in advance in writing by IndemniteeMortgagee, and under the supervision of a consulting engineer, selected by Indemnitee and approved (such which approval shall not to be unreasonably withheld or delayed) in advance in writing by Indemnitor. All costs and expenses of such required Remedial Work shall be paid by Indemnitor Mortgagor including, without limitation, the charges of such the contractor(s) and/or the consulting engineerLSRP, and Indemnitee's Mortgagee’s reasonable consultantattorneys’, attorney and paralegal architects’ and/or consultants’ fees and costs incurred in connection with monitoring or review of such the Remedial Work. In the event Indemnitor Mortgagor shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such the Remedial Work, Indemnitee Mortgagee may, but shall not be required to, upon thirty (30) days’ prior written notice to Mortgagor, cause such Remedial Work to be performed, subject to the provisions of Sections 11.05 and all costs and expenses thereof, or incurred in connection therewith shall be Costs within the meaning of Paragraph 3 above. All such Costs shall be immediately due and payable upon demand by Indemnitee11.06 hereof.

Remedial Work. In the event Upon any investigation or monitoring of site conditions or any clean-up, containment, restoration, removal, treatment, stabilization, or other remedial work (collectively, the "Remedial Work") is required at the Properties under any Release that does not comply with Environmental Laws, Tenant shall, subject to Section 1.6, promptly notify Landlord of such Release and shall, at its sole expense and immediately after demand by any judicial orderLandlord, or by any governmental entity, in order commence to comply with any agreements affecting the Properties because of, or in connection with, any occurrence or event described in Paragraph 3 above, or in order perform and thereafter diligently prosecute to maintain the marketability of the Properties by attaining certain cleanup standards, Indemnitor shall perform or cause to be performed the required completion such Remedial Work in compliance as is necessary to restore the Premises or any other property affected by such Release to a condition that complies with such all Environmental Laws, agreement or standardLaws and the other provisions of this Lease. All required such Remedial Work shall be performed performed: (a) in conformance with the requirements of all applicable Environmental Laws; (b) by one or more contractors, selected by Indemnitor and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by Indemnitee, Landlord; and (c) under the supervision of a consulting engineer, selected by Indemnitee and engineer approved (such approval not to be unreasonably withheld or delayed) in advance in writing by IndemnitorLandlord (the "Consulting Engineer"). All costs and expenses of such required Remedial Work shall be paid by Indemnitor Tenant, including, without limitation, the reasonable charges of such contractor(s) and/or the consulting engineer, Consulting Engineer and IndemniteeLandlord's reasonable consultantattorneys' fees, attorney and paralegal fees and costs incurred in connection with the monitoring or review of such Remedial Work. In the event Indemnitor Tenant shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Indemnitee Landlord may, but shall not be required to, cause such Remedial Work to be performed, performed and all costs and expenses thereof, or incurred in connection therewith therewith, shall be Costs within the meaning of Paragraph 3 above. All such Costs shall be become immediately due and payable upon demand by Indemniteepayable. Tenant's obligations under this Section 1.7 shall survive the expiration or sooner termination of this Lease.

Remedial Work. In the event If any investigation or monitoring of site conditions or any clean-up, containment, restoration, removalremoval or remediation of Hazardous Substances (collectively, “Remedial Work”) is required under any Environmental Laws as a result of the handling, use, storage, treatment, stabilizationtransportation or disposal of any Hazardous Substances by Tenant or any Tenant Party, or other remedial work (collectively, the "Remedial Work") is required at the Properties under any Environmental Laws, by any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties because of, or in connection with, any occurrence or event described in Paragraph 3 above, or in order to maintain the marketability of the Properties by attaining certain cleanup standards, Indemnitor then Tenant shall perform or cause to be performed the required Remedial Work in compliance with Environmental Laws or, at Landlord’s option, Landlord may cause such Environmental Laws, agreement or standardRemedial Work to be performed and Tenant shall reimburse Landlord for the reasonable out-of-pocket costs thereof within thirty (30) days after demand therefor. All required Remedial Work performed by Tenant shall be performed by one or more contractors, selected by Indemnitor Tenant and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by IndemniteeLandlord (which approval shall not be unreasonably withheld, conditioned, or delayed), and under the supervision of a consulting engineer, engineer selected by Indemnitee Tenant and approved (such approval not to be unreasonably withheld or delayed) in advance in writing by IndemnitorLandlord (which approval shall not be unreasonably withheld, conditioned, or delayed). All costs and expenses of such required Remedial Work shall be paid by Indemnitor Tenant, including, without limitation, the charges of such contractor(s) and/or ), the consulting engineer, engineer and Indemnitee's Landlord’s reasonable consultant, attorney out-of-pocket attorneys’ and paralegal experts’ fees and costs incurred in connection with monitoring or review of such Remedial Work. In the event Indemnitor shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Indemnitee may, but shall not be required to, cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith shall be Costs within the meaning of Paragraph 3 above. All such Costs shall be immediately due and payable upon demand by Indemnitee.

Remedial Work. In the event any investigation or monitoring of site conditions or any clean-upclean‑up, containment, restoration, removal, treatment, stabilization, removal or other remedial work (collectively, the "“Remedial Work"”) is required at the Properties reasonably necessary under any Requirements of Environmental Laws (defined below), Borrower shall within thirty (30) days after written demand by Lender (or such shorter period of time as may be required under Requirements of Environmental Laws, by any judicial order, or by any governmental entity, in order to comply with any agreements affecting the Properties because of, or in connection with, any occurrence or event described in Paragraph 3 above, or in order to maintain the marketability of the Properties by attaining certain cleanup standards, Indemnitor shall ) perform or cause to be performed the required Remedial Work in compliance with such Environmental Lawsthe applicable law, agreement regulation, order or standardagreement. All required Remedial Work shall be performed by one or more contractors, selected by Indemnitor Borrower and approved (such in advance in writing by Lender, which approval shall not to be unreasonably withheld or delayed) , and, if mandated by Requirements of Environme ntal Laws, under the supervision of a licensed engineer, selected by Borrower and approved in advance in writing by IndemniteeLender, and under the supervision of a consulting engineer, selected by Indemnitee and approved (such which approval shall not to be unreasonably withheld or delayed) in advance in writing by Indemnitor. All costs and expenses of such required Remedial Work shall be paid by Indemnitor Borrower including, without limitation, the charges of such the contractor(s) and/or the consulting licensed engineer, and Indemnitee's Lender’s reasonable consultantattorneys’, attorney and paralegal architects’ and/or consultants’ fees and costs incurred in connection with monitoring or review of such the Remedial Work. In the event Indemnitor Borrower shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such the Remedial Work, Indemnitee Lender may, but shall not be required to, upon thirty (30) days’ prior written notice to Borrower, cause such Remedial Work to be performed, subject to the provisions of Sections 11.05 and all costs and expenses thereof, or incurred in connection therewith shall be Costs within the meaning of Paragraph 3 above. All such Costs shall be immediately due and payable upon demand by Indemnitee11.06 hereof.