Common use of Remediation Obligations Clause in Contracts

Remediation Obligations. If at any time during the Term, any contamination of the Premises by Hazardous Materials shall occur where such contamination is caused by the act or omission of Tenant or Tenant Parties (“Tenant’s Contamination”), then Tenant, at Tenant’s sole cost and expense, shall promptly and diligently remediate such Hazardous Materials from the Premises or the groundwater underlying the Premises to the extent required to comply with applicable Hazardous Materials Laws. Tenant shall not take any required remedial action in response to any Tenant’s Contamination in or about the Premises or enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any Tenant’s Contamination without first obtaining the prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed, but which consent may be subject to those commercially reasonable conditions imposed by Landlord. Xxxxxxxx’s consent to any Tenant remedial action, or any settlement agreement, decree or other compromise shall not bind the owner of the Land to consent to the same. Such prior written consent shall not be required to the extent the delay caused by the requirement to obtain consent may increase the damage to the Premises or the risk of harm to human health, safety, the environment or security caused by the Tenant’s Contamination. Landlord and Tenant shall jointly prepare a remediation plan in compliance with all Hazardous Materials Laws and the provisions of this Lease. Tenant shall be responsible for all coordination with the regulatory agencies in respect of the implementation of the remediation plan for any Tenant’s Contamination. In addition to all other rights and remedies of Landlord hereunder, if Xxxxxx does not promptly and diligently take all steps to prepare and obtain all necessary approvals of a remediation plan for any Tenant’s Contamination, and thereafter commence the required remediation of any Hazardous Materials released or discharged in connection with Xxxxxx’s Contamination within thirty (30) days after all necessary approvals and consents have been obtained, and thereafter continue to prosecute such remediation to completion 60447235.v9 in accordance with the approved remediation plan, then Landlord, at its sole discretion, shall have the right, but not the obligation, to cause such remediation to be accomplished, and Tenant shall reimburse Landlord within fifteen (15) Business Days of Landlord’s demand for reimbursement of all amounts reasonably paid by Landlord (together with interest on such amounts at the highest lawful rate until paid), when such demand is accompanied by proof of payment by Landlord of the amounts demanded. Tenant shall promptly deliver to Landlord, copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from the Premises as part of Tenant’s remediation of any Tenant’s Contamination. The foregoing notwithstanding, “Tenant’s Contamination” shall not refer to or include any Hazardous Materials that were not introduced to the Premises by Tenant or Tenant Parties and do not form part of the Building structure or materials. As an example, if a petroleum in ground plume is found on the Land, unless there is evidence that Tenant introduced the Hazardous Material to the Land that Hazardous Material shall not be considered “Tenant’s Contamination,” and it shall not be Tenant’s responsibility to take remedial action relating to such Hazardous Materials. As an example, if the Building contains asbestos which is encapsulated or part of the Building materials and the Tenant disturbs this Hazardous Materials as part of Tenant’s Improvements or Alternations then Tenant shall be responsible at its cost for remedial action to remove the same as part of Tenant’s construction work.

Remediation Obligations. If at any time during the Term, any contamination of the Premises by Hazardous Materials shall occur where such contamination is caused by the act or omission of Tenant or Tenant Parties (“Tenant’s Contamination”), then Tenant, at Tenant’s sole cost and expense, shall promptly and diligently remediate such Hazardous Materials from the Premises or the groundwater underlying the Premises to the extent required to comply with applicable Hazardous Materials Laws. Tenant shall not take any required remedial action in response to any Tenant’s Contamination in or about the Premises or enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any Tenant’s Contamination without first obtaining the prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed, but which consent may be subject to those commercially reasonable conditions imposed by Landlord as determined in Landlord. Xxxxxxxx’s consent to any Tenant remedial action, or any settlement agreement, decree or other compromise shall not bind the owner of the Land to consent to the samesole discretion. Such prior written consent shall not be required to the extent the delay caused by the requirement to obtain consent may increase the damage to the Premises or the risk of harm to human health, safety, the environment or security caused by the Tenant’s Contamination. Landlord and Tenant shall jointly prepare a remediation plan in compliance with all Hazardous Materials Laws and the provisions of this Lease. Tenant shall be responsible for all coordination with the regulatory agencies in respect of the implementation of the remediation plan for any Tenant’s Contamination. In addition to all other rights and remedies of Landlord hereunder, if Xxxxxx does not promptly and diligently take all steps to prepare and obtain all necessary approvals of a remediation plan for any Tenant’s Contamination, and thereafter commence the required remediation of any Hazardous Materials released or discharged in connection with XxxxxxTenant’s Contamination within thirty (30) days after all necessary approvals and consents have been obtained, and thereafter continue to prosecute such remediation to completion 60447235.v9 in accordance with the approved remediation plan, then Landlord, at its sole discretion, shall have the right, but not the obligation, to cause such remediation to be accomplished, and Tenant shall reimburse Landlord within fifteen (15) Business Days business days of Landlord’s demand for reimbursement of all amounts reasonably paid by Landlord (together with interest on such amounts at the highest lawful rate until paid), when such demand is accompanied by proof of payment by Landlord of the amounts demanded. Tenant shall promptly deliver to Landlord, copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from the Premises as part of Tenant’s remediation of any Tenant’s Contamination. The foregoing notwithstanding, “Tenant’s Contamination” shall not refer to or include any Hazardous Materials that were not introduced to the Premises by Tenant or Tenant Parties and do not form part of the Building structure or materialsParties. As an example, if a petroleum in ground plume is lead dust or asbestos are found on the LandPremises, unless there is evidence that Tenant introduced the those Hazardous Material Materials to the Land that Premises or they were dislodged by a Tenant Alteration, those Hazardous Material Materials shall not be considered “Tenant’s Contamination,” and it shall not be Tenant’s responsibility to take remedial action relating to such Hazardous Materials. As an example, if the Building contains asbestos which is encapsulated or part of the Building materials and the Tenant disturbs this Hazardous Materials as part of Tenant’s Improvements or Alternations then Tenant shall be responsible at its cost for remedial action to remove the same as part of Tenant’s construction work.

Remediation Obligations. If at (a) Tenant hereby agrees that reasonably promptly following receipt of written notice from any time during the Term, any contamination applicable governmental agency of the Premises by Hazardous Materials shall occur where such contamination is caused by the act or omission of need to do so, Tenant or Tenant Parties will remediate (“Tenant’s Contamination”and investigate), then Tenant, at Tenant’s 's sole cost and expense, shall promptly and diligently remediate such Hazardous Materials from on a basis consistent with applicable Environmental Laws, any release into the environment in, on, or under the Premises of any Hazardous Substance brought onto or the groundwater underlying generated at the Premises by Tenant or any Tenant Party which is required to be remediated under applicable Environmental Laws, to the extent required such release of Hazardous Substance results or resulted from the acts or omissions of Tenant or any Tenant Party. In those instances where Tenant has a duty to comply with applicable remediate Hazardous Materials Laws. Substances pursuant to the immediately preceding sentence, Tenant shall not take any required remedial action in response to any Tenant’s Contamination in or about the Premises or enter into any settlement agreementshall, consent, decree or other compromise in respect to any claims relating to any Tenant’s Contamination without first obtaining the prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed, but which consent may be subject to those commercially obtaining approval of a remediation plan therefor in accordance with Paragraph 6.2.3(b), commence such remediation with reasonable conditions imposed by Landlord. Xxxxxxxx’s consent to any Tenant remedial actionpromptness, or any settlement agreement, decree or other compromise and thereafter shall not bind the owner of the Land to consent to the same. Such prior written consent shall not be required pursue at Tenant's sole cost and expense (to the extent the delay caused by the requirement provided in this Section 6.2.3(b)), such remediation to obtain consent may increase the damage completion with reasonable promptness. Tenant hereby agrees that any such remediation required to the Premises or the risk of harm to human health, safety, the environment or security caused by the Tenant’s Contamination. Landlord and Tenant be performed under this Section 6.2.3 shall jointly prepare a remediation plan be conducted strictly in compliance with all Hazardous Materials applicable Environmental Laws and (the "Cleanup Standard"). (b) In any case where Tenant is required by Landlord (pursuant to the provisions of this Lease. ) or by any other party to remediate (or bear the cost of remediating) any Hazardous Substance in, on, under or about the Premises, Tenant shall be responsible for all coordination permitted: (i) subject to reasonable participation by Landlord, to supervise the investigation of the extent of the release into the environment of the Hazardous Substance in question, (ii) subject to the provisions of this Paragraph 6.2.3, to structure and negotiate the terms of any remediation plan with respect to such release of Hazardous Substances to be submitted to and approved by the governmental authorities having jurisdiction under applicable Environmental Laws, provided, however, except in the case of an Emergency (defined in Paragraph 7.4(a) below) (in which case Landlord's prior approval shall not be required), each such remediation plan shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and (iii) subject to reasonable participation by Landlord, to supervise the actual remediation of such Hazardous Substance contamination. In connection with the regulatory agencies in respect foregoing, Tenant shall be provided with reasonable access to all portions of the implementation Premises relevant to the foregoing activities, provided that Tenant agrees to repair any damage to the Premises caused by such activities (provided that any such access after expiration or termination of the remediation plan for any Tenant’s Contaminationthis Lease shall be subject to an access agreement reasonably required by Landlord). In addition to all other rights Landlord and remedies of Landlord hereunder, if Xxxxxx does not promptly its agents and diligently take all steps to prepare and obtain all necessary approvals of a remediation plan for any Tenant’s Contamination, and thereafter commence the required remediation of any Hazardous Materials released or discharged in connection with Xxxxxx’s Contamination within thirty (30) days after all necessary approvals and consents have been obtained, and thereafter continue to prosecute such remediation to completion 60447235.v9 in accordance with the approved remediation plan, then Landlord, at its sole discretion, employees shall have the rightright following reasonable prior notice to Tenant to either or both (a) enter the Premises; (b) inspect and monitor Tenant's compliance with all obligations of Tenant under Paragraph 6.2 relating in any way to the generation, but not the obligationtransport, to cause such remediation to be accomplishedstorage, and Tenant shall reimburse Landlord within fifteen (15) Business Days of Landlord’s demand for reimbursement of all amounts reasonably paid by Landlord (together with interest on such amounts at the highest lawful rate until paid)use, when such demand is accompanied by proof of payment by Landlord of the amounts demanded. Tenant shall promptly deliver to Landlord, copies of hazardous waste manifests reflecting the legal and proper treatment or disposal of all Hazardous Materials removed Substances on, at, in or from the Premises as part or any portion thereof, and (c) conduct tests with respect to the presence (or remediation) of Hazardous Substances; provided, however, that Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s remediation 's business operations resulting from such activities of Landlord and shall promptly restore any Tenant’s Contamination. The foregoing notwithstanding, “Tenant’s Contamination” shall not refer to or include any Hazardous Materials that were not introduced damage to the Premises caused by Tenant or Tenant Parties and do not form part of its testing. In the Building structure or materials. As an example, if a petroleum event any such remediation plan described in ground plume is found on the Land, unless there is evidence that Tenant introduced the Hazardous Material to the Land that Hazardous Material shall not be considered “Tenant’s Contamination,” and it shall not be Tenant’s responsibility to take remedial action relating to such Hazardous Materials. As an example, if the Building contains asbestos which is encapsulated or part of the Building materials and the Tenant disturbs this Hazardous Materials as part of Tenant’s Improvements or Alternations then Tenant shall be responsible at its cost for remedial action to remove the same as part of Tenant’s construction work.Paragraph 6.2.3