Remediation of Hazardous Materials. Tenant shall, upon demand of Landlord, and at Tenant’s sole cost and expense, promptly take all actions to remediate the Project from the effects of any Tenant’s Hazardous Materials. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Project, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the Project. Tenant shall take all actions necessary to remediate the Project from the effects of such Tenant’s Hazardous Materials to a condition allowing unrestricted use of the Project (i.e. to a level that will allow any future use of the Project, including residential, hospital, or day care, without any engineering controls or deed restrictions), notwithstanding any lesser standard of remediation allowable under Applicable Laws. All work shall be performed by one or more contractors selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all Applicable Laws. Any such actions shall be performed in a good, safe and workmanlike manner. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities and any that are submitted to any governmental entity. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes in accordance with sound engineering practice and in compliance with Applicable Laws, remove all associated equipment, and restore the Project to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation.
Remediation of Hazardous Materials. If a Release of any Hazardous Materials occurs on the Leased Premises during the term of the Lease as a result of any act or omission of any Lessee Party, Lessee, at its sole expense, shall (a) promptly make all reasonable efforts to contain and mitigate such Release, (b) provide prompt notification to the proper authorities if required by an Applicable Law, and (c) upon notice to Lessor and with Lessor's approval, investigate and take all appropriate removal or remedial actions necessary to comply with any Applicable Law. This provision shall survive the expiration or termination of this Lease.
Remediation of Hazardous Materials. If a Release of any Hazardous Materials occurs on the Leased Premises during the term of the Lease as a result of any act or omission of any Lessee Party, Lessee, at its sole expense, shall (a) promptly make all reasonable efforts to contain and mitigate such Release, (b) provide prompt notification to the proper authorities if required by an Applicable Law, and (c) upon notice to Lessor and with Lessor's approval, investigate and take all appropriate removal or remedial actions necessary to comply with any Applicable Law. This provision shall survive the expiration or termination of this Lease. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY FOR APPROVAL. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE LESSOR OR BY THE REAL ESTATE BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTIONS RELATING THERETO.
Remediation of Hazardous Materials. With respect to the Lease Property, the City (or, at its election, the Developer, under Section 7.2.3.7 or 7.3.4) shall, subject to the limitation in Section 7.3.4, have completed all Pre-Closing Remediation Obligations (Section 7.2 matters) with respect to the Lease Property, as evidenced by the City’s receipt of a Remediation Certification Letter (or its equivalent) from DTSC or the RWQCB, as applicable.
Remediation of Hazardous Materials. The City shall have completed all Pre- Closing Remediation Obligations (Section 7.2 matters) with respect to the Lease Property, as evidenced by the City’s receipt of a Remediation Certification Letter (or its equivalent) from DTSC or the RWQCB, as applicable, subject to the limitations of Section 7.2.3.7 and Section 7.3.4.
Remediation of Hazardous Materials. Kaiser has previously entered into a Consent Order dated August 22, 1988 (the "Consent Order') with the State of California Department of Health Services, now known as the California Department of Toxic Substances Control ("DTSC"). Pursuant to the Consent Order, Kaiser is required to remediate hazardous substances on or in its property, including the Real Property, pursuant to remediation plans to be approved by the DTSC. Kaiser and Penske acknowledge that the remedial action plans may be expanded or amended from time to time and any reference in this Agreement to any remedial action plan shall be deemed to include any expansions or amendments thereof. Subject to the limitations described below, Kaiser shall be responsible, at its sole cost and expense, for the remediation work for hazardous materials on its property and including the Real Property, subject to any right of reimbursement which Kaiser may have from third parties. Kaiser or its agents shall obtain all necessary licenses, manifests, permits and approvals to perform such work and shall retain competent environmental consultants who shall complete the remediation work in accordance with the remedial action plans. Kaiser has obtained a By-Products Area RAP which it will fully comply with. Furthermore, Kaiser shall be responsible for the remediation of any hazardous materials not covered by the Consent Order to the extent remediation is required by any governmental agencies having jurisdiction to assure the timely and economic development of The California Speedway. Kaiser shall pursue the completion of the By-Products Area RAP, and other areas that may require a remediation of hazardous materials. All such work shall be performed by Kaiser and Xxxxxx'x consultants in compliance with all applicable laws, rules, regulations and permits. Notwithstanding anything in this Agreement, with regard to the By- Products Area, Kaiser shall only be obligated to pay the costs associated with the remediation of such area using a "capping strategy" or other strategy, as approved by the DTSC, at the grade existing as of the date of the Business Plan approval by the Parties (the "Existing Grade"). If the grading provided in the approved Business Plan, construction or operation plans for The California Speedway, results in a lower elevation than the Existing Grade, any increase in remediation costs for the By-Products Area attributable to the lower elevation shall be borne by TCS. However, if the DTSC modifies the ...
Remediation of Hazardous Materials. Tenant 907 shall, upon demand of Landlord, and at Tenant’s sole cost and 908 expense, promptly take all actions to remediate the Premises 909 from the effects of any Tenant’s Hazardous Materials. X. X. Xxxxx 4/22/14 9:40 AM 910 Such actions shall include, but not be limited to, the 911 investigation of the environmental condition of the Premises, 912 the preparation of any feasibility studies, reports or remedial 913 plans, and the performance of any cleanup, remediation, con- 914 tainment, operation, maintenance, monitoring or restoration 915 work, whether on or off of the Premises, Tenant shall take all 916 actions necessary to remediate the Premises from the effects of 917 such Tenant’s Hazardous Materials to a condition allowing the 918 current use of the Premises, notwithstanding any lesser stand- 919 ard of remediation allowable. under Applicable Laws. 920 All work shall be performed by one or more contrac- 921 tors selected by Tenant and reasonably approved in advance 922 and in writing by Landlord. X. X. Xxxxx 4/22/14 9:40 AM Comment [69]: QUESTION: What exactly does “continuously” mean – does it require 24x7x365 work? 923 Tenant shall proceed continuously and diligently with 924 such investigatory and remedial actions, provided that in all 925 cases such actions shall be in accordance with all Applicable 926 Laws. 927 Any such actions shall be performed in a good, safe 928 and workmanlike manner. 929 Tenant shall pay all costs in connection with such in- 930 vestigatory and remedial activities, including but not limited to 931 all power and utility costs, and any and all taxes or fees that 932 may be applicable to such activities. 933 Tenant shall promptly provide to Landlord copies of 934 testing results and reports that are generated in connection 935 with the above activities and any that are submitted to any 936 governmental entity. 937 Promptly upon completion of such investigation and 938 remediation, Tenant shall permanently seal or cap all monitor- 939 ing xxxxx and test holes in accordance with sound engineering 940 practice and in compliance with Applicable Laws, remove all 941 associated equipment, and restore the Premises to the maxi- 942 mum extent possible, which shall include, without limitation, 943 the repair of any surface damage, including paving, caused by 944 such investigation or remediation.
Remediation of Hazardous Materials. Tenant shall, upon demand of Landlord, and at Tenant’s sole cost and expense, promptly take all actions to remediate the Premises from the effects of any Tenant’s Environmental Activity. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises (other than the Pre-Existing Condition), the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work with respect to Tenant’s Environmental Activity, whether on or off of the Premises. Subject to the effects of the Pre-Existing Condition, Tenant shall take all actions necessary to remediate the Premises from the effects of such Tenant’s Environmental Activity to a condition allowing unrestricted use of the Premises (i.e. to a level that will allow any future use of the Premises, including residential, hospital, or day care, without any engineering controls or deed restrictions), notwithstanding any lesser standard of remediation allowable under Applicable Laws. The foregoing sentence shall not be deemed to require that Tenant undertake any remediation of the Pre-Existing Condition; provided, however, that the existence of any restrictions on the use of the Premises due to the Pre-Existing Condition shall not excuse Tenant from its obligations under this Section with respect to Tenant’s Environmental Activity.1 All work 1 Tenant shall only be required to remediate any contamination resulting from Tenant’s Hazardous Materials, and the standard of such remediation will be unrestricted use as defined in Section 12.4. By way of example, if Tenant’s lithium-ion cells catch fire and leak into the soil, Tenant is responsible for remediation activity to an unrestricted use standard. Tenant is not responsible for remediation of the Pre- Existing Condition, unless Tenant exacerbates the Pre-Existing Condition. If Tenant does not exacerbate the Pre-Existing Condition, Tenant has no restoration responsibilities with respect to the Pre-Existing Condition pursuant to the release set forth in Section 12.2(b) (“Environmental Release”). shall be performed by one or more contractors selected by Tenant and reasonably approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all Applicable Laws. Any such...
Remediation of Hazardous Materials. (a) If (i) all or any portion of Landlord's Property is contaminated by Hazardous Materials in violation of Environmental Laws and such contamination either existed prior to the date on which Landlord achieves Partial Completion or was caused by Landlord or Landlord's contractors or agents, and (ii) such contamination materially affects the practical use and enjoyment of a substantial portion of the Premises by Tenant, then Landlord shall be responsible to Tenant to act diligently to remediate or otherwise address such contamination so the violation of Environmental Laws caused thereby ceases to exist ("Remediate"). If, by reason of a contamination of Landlord's Property by Hazardous Materials in violation of Environment Laws for which Landlord is responsible to Tenant under the above provisions of this Section, a substantial portion of the Premises is not tenantable by Tenant for the Permitted Use, and if Landlord defaults in the performance of its obligations under this Section (subject to the notice and cure provision set forth in Section 12.7), Tenant may either (x) take reasonable steps to Remediate such contamination, in which case Tenant may setoff the reasonable costs thereof against the Base Rent and Additional Rent next coming due, or (y) terminate this Lease; provided, however, that as a condition of such rights of Tenant to exercise self-help and setoff, or to terminate this Lease, such rights shall either have been conceded by Landlord or Landlord's default under this Section (subject to the notice and cure provision set forth in Section 12.7) shall have been determined by arbitration pursuant to Section 14.2 and, if such default is determined by arbitration, Landlord shall have failed to commence to cure such default within thirty (30) days after such determination or shall fail thereafter to diligently complete the cure.
(b) If, by reason of a contamination of Landlord's Property by Hazardous Materials in violation of Environmental Laws for which Landlord is not responsible to Tenant under Section 6.6(a) and which is not the responsibility of Tenant under Section 7.7 (for example, the migration of Hazardous Materials to Landlord's Property from an adjacent property), a substantial portion of the Premises is not tenantable by Tenant for the Permitted Use, and Landlord, in its sole discretion, undertakes in writing, within thirty (30) days after Tenant gives Landlord written notice thereof, the obligation to Remediate such contamination, then ...
Remediation of Hazardous Materials. Tenant shall, upon demand of Landlord, and at Tenant’s sole cost and expense, promptly take all actions to remediate the Premises from the effects of any Tenant’s Hazardous Materials. Comment [68]: COMMENT: Looks like this comma should be a period.
