Common use of Remediation Clause in Contracts

Remediation. Except to the extent caused by any intentional or negligent act of Lessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to the extent required by any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket costs and expenses incurred in connection therewith.

Remediation. Except to the extent caused by any intentional or grossly negligent act of Lessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to the extent required by any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket costs and expenses incurred in connection therewith.

Remediation. Except to the extent caused by any intentional or grossly negligent act of Lessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to the extent required by any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-out of pocket costs and expenses incurred in connection therewith.

Remediation. Except to If at any time during the extent Term of this Ground Lease, any contamination of the Ground Leased Premises by Hazardous Materials shall occur where such contamination is caused by any intentional the act or negligent act omission of Lessor Tenant or LessorTenant’s agents or AffiliatesRepresentatives (“Tenant Contamination”), or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of such event andthen Tenant, at its sole cost and expense, cure shall promptly and diligently remove such violation Hazardous Materials from the Ground Leased Premises, or effect such repairthe groundwater underlying the Ground Leased Premises, closure, detoxification, decontamination or other remediation to the extent reasonably possible in accordance with the requirements of the applicable Hazardous Materials Laws and industry standards then prevailing in the Hazardous Materials management and remediation industry in North Carolina. However, Tenant shall not take any required by remedial action in response to any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in Tenant Contamination in, on or about the Ground Leased Property Premises or enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any Tenant Contamination without first notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. Tenant shall present its plan to remediate the Tenant Contamination to Landlord for its approval, which approval shall not be unreasonably withheld. In addition to all other rights and remedies of the Landlord hereunder, if Tenant does not promptly and diligently take all steps to prepare and obtain all necessary approvals of a remediation plan for any Tenant Contamination, and thereafter commence the required remediation of any Hazardous Materials released or discharged in connection with Tenant Contamination within thirty (or any portion thereof30) or any Capital Additionsdays after Landlord has reasonably approved Tenant’s remediation plan and all necessary approvals and consents have been obtained and thereafter continue to prosecute said remediation to completion in accordance with the approved remediation plan, Lessee shall also reasonably promptly notify Lessor of such event and, then Landlord at its sole cost and expensediscretion, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action cause said 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 from the date of expenditure on said amounts at the highest lawful rate until paid), when said demand is accompanied by proof of payment by Landlord of the amounts demanded. Tenant shall promptly deliver to recover Landlord copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from Lessee all the Ground Leased Premises as part of LessorTenant’s out-of-pocket costs and expenses incurred in connection therewithremediation of any Tenant Contamination. In the case of any Tenant Contamination, Landlord shall have the right to enter the Ground Leased Premises for purposes of inspecting same accompanied by a representative of Tenant.

Remediation. Except to If any investigation, site monitoring, containment, remediation, removal, restoration or other remedial work of any kind or nature (the extent caused “Remedial Work”) is reasonably desirable (in the case of an operation and maintenance program or similar monitoring or preventative programs) or necessary, both as determined by an independent environmental consultant selected by Mortgagee under any applicable federal, state or local law, regulation or ordinance, or under any judicial or administrative order or judgment, or by any intentional governmental person, board, commission or negligent act agency, because of Lessor or Lessor’s agents in connection with the current or Affiliatesfuture presence, suspected presence, Release or suspected Release of a Hazardous Substance into the air, soil, groundwater, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment insurface water at, on, about, under or about within the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (Premises or any portion thereof, Mortgagor shall within thirty (30) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate days after written demand by Mortgagee for the Leased Property performance (or any portion thereofwithin such shorter time as may be required under applicable law, regulation, ordinance, order or agreement), commence and thereafter diligently prosecute to completion all such Remedial Work to the extent required by law. All Remedial Work shall be performed by contractors approved in advance by Mortgagee and under the supervision of a consulting engineer approved in advance by Mortgagee (which approval in each case shall not be unreasonably withheld or delayed). All costs and expenses of such Remedial Work (including without limitation the reasonable fees and expenses of Mortgagee’s counsel) and any Capital Additions, Lessee incurred in connection with monitoring or review of the Remedial Work shall notify Lessor be paid by Mortgagor to Mortgagee within fifteen (15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to the extent required by any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirementsfollowing Mortgagor’s written demand therefor. If Lessee fails Mortgagor shall fail or neglect to implement timely commence or cause to be commenced, or shall fail to diligently prosecute to completion, such Remedial Work, Mortgagee may (but shall not be required to) cause such Remedial Work to be performed; and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket costs and expenses thereof, or incurred in connection therewiththerewith (including, without limitation, the reasonable fees and expenses of Mortgagee’s counsel), shall be paid by Mortgagor to Mortgagee upon demand and shall be a part of the indebtedness secured hereby. There is no time limit on Mortgagor’s covenants hereunder, and Mortgagor hereby waives all present and future statutes of limitations as a defense to any action to enforce the provisions of Section 2.9 of this Security Instrument.

Remediation. Except to the extent caused by Notwithstanding any intentional or negligent act of Lessor or Lessor’s agents or Affiliatesother provision in this Lease, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to should any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health Pollution Condition be identified, unearthed, or the environment in, otherwise discovered on, under at or about emanating from the Leased Property Premises after the Effective Date of this Lease and such Hazardous Substance or any Capital Additions, Pollution Condition require response or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject other action to any material order of any Governmental Authority pursuant to address it as required by applicable Environmental Law or this Lease, and provided further that said presence of Hazardous Substance or Pollution Condition was not caused by Tenant or by any act of Tenant’s employees, agents, contractors, invitees, or any other Legal Requirement person entering upon the Premises after the Effective Date, then Authority shall promptly respond to repairand address the Pollution Condition in material compliance with all applicable Environmental Laws, closeprovided however, detoxifythat if Tenant has responded to or addressed said Hazardous Substance pursuant to the terms of this Lease, decontaminate then Authority shall promptly reimburse Tenant for all of Tenant’s costs incurred in such response or other actions. Notwithstanding any other provision in this Lease, including especially Section VIII(G) related to identification of and response to Pollution Conditions, if Tenant identifies subsurface conditions which may or do constitute a Pollution Condition or otherwise remediate threaten or actually impair or impede construction activity during construction of Tenant’s Leasehold Improvements on the Leased Property Premises, including, but not limited to existing buried inactive fuel piping, then (or any portion thereofa) and any Capital Additions, Lessee Tenant shall notify Lessor within fifteen (15) days promptly inform Authority of such event anddiscovery, (b) Tenant may, after obtaining the Authority’s consent either, proceed with its construction activities, including but not limited to excavation, management and/or disposal of wastes, contaminated soils, debris and piping in compliance with applicable Environmental Laws, or, if Authority does not consent to Tenant undertaking such activities, or Tenant elects not to do so, then Authority shall excavate, manage, and/or dispose of the contaminated soils, debris and piping in compliance with applicable Environmental Laws and in a manner so as not to cause delay in the construction, (c) Authority or its designee shall take the steps reasonably required by Tenant or its contractors to coordinate for the disposal of such wastes (provided that in no case shall Tenant be designated as the “generator” of such waste materials), and (d) Authority shall be responsible and reimburse Tenant for all of Tenant’s costs and damages arising from or related to such activities; or Tenant may, at its sole cost election, credit such costs and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation damages it incurs against any Rent due under this Lease. In connection with the construction of the proposed improvements to the extent required Premises and Ramp by any Environmental Law or as both Tenant and the Authority, both parties undertake and commit to reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon minimize the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor disturbance of such event andareas, at its sole cost and expenseincluding protecting against excessive run-off of soil during the construction phase of the project, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket costs and expenses incurred in connection therewithapplicable Environmental Laws.

Remediation. Except to If any investigation, site monitoring, containment, cleanup, removal, restoration or other remedial work of any kind or nature (the extent caused “Remedial Work”) is reasonably desirable (in the case of an operation and maintenance program or similar monitoring or preventative programs) or necessary, both as determined by an independent environmental consultant selected by Mortgagee under any applicable federal, state or local law, regulation or ordinance, or under any judicial or administrative order or judgment, or by any intentional governmental person, board, commission or negligent act agency, because of Lessor or Lessor’s agents in connection with the current or Affiliatesfuture presence, suspected presence, release or suspected release of a Hazardous Substance into the air, soil, groundwater, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment insurface water at, on, about, under or about within the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (Mortgaged Premises or any portion thereof, Mortgagor shall within thirty (30) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate days after written demand by Mortgagee for the Leased Property performance (or any portion thereof) within such shorter time as may be required under applicable law, regulation, ordinance, order or agreement), commence and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of thereafter diligently prosecute to completion all such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation Remedial Work to the extent required by any Environmental Law law. All Remedial Work shall be performed by contractors approved in advance by Mortgagee (which approval in each case shall not be unreasonably withheld or as reasonably necessary to respond to delayed) and under the supervision of a threat to human health or a risk of property damage related theretoconsulting engineer approved in advance by Mortgagee. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket All costs and expenses of such Remedial Work (including without limitation the reasonable fees and expenses of Mortgagee’s counsel) incurred in connection therewithwith monitoring or review of the Remedial Work shall be paid by Xxxxxxxxx. If Mortgagor shall fail or neglect to timely commence or cause to be commenced, or shall fail to diligently prosecute to completion, such Remedial Work, Mortgagee 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 (including, without limitation, the reasonable fees and expenses of Mortgagee’s counsel), shall be paid by Mortgagor to Mortgagee forthwith after demand and shall be a part of the indebtedness secured hereby.

Remediation. Except to If any investigation, site monitoring, containment, cleanup, removal, restoration or other remedial work of any kind or nature (the extent caused “Remedial Work”) is reasonably desirable (in the case of an operation and maintenance program or similar monitoring or preventative programs) or necessary, both as determined by an independent environmental Loan No. 18857 consultant selected by Mortgagee under any applicable federal, state or local law, regulation or ordinance, or under any judicial or administrative order or judgment, or by any intentional governmental person, board, commission or negligent act agency, because of Lessor or Lessor’s agents in connection with the current or Affiliatesfuture presence, suspected presence, release or suspected release of a Hazardous Substance into the air, soil, groundwater, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment insurface water at, on, about, under or about within the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (Mortgaged Premises or any portion thereof, Mortgagor shall within thirty (30) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate days after written demand by Mortgagee for the Leased Property performance (or any portion thereof) within such shorter time as may be required under applicable law, regulation, ordinance, order or agreement), commence and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of thereafter diligently prosecute to completion all such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation Remedial Work to the extent required by any Environmental Law law. All Remedial Work shall be performed by contractors approved in advance by Mortgagee (which approval in each case shall not be unreasonably withheld or as reasonably necessary to respond to delayed) and under the supervision of a threat to human health or a risk of property damage related theretoconsulting engineer approved in advance by Mortgagee. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket All costs and expenses of such Remedial Work (including without limitation the reasonable fees and expenses of Mortgagee’s counsel) incurred in connection therewithwith monitoring or review of the Remedial Work shall be paid by Xxxxxxxxx. If Mortgagor shall fail or neglect to timely commence or cause to be commenced, or shall fail to diligently prosecute to completion, such Remedial Work, Mortgagee 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 (including, without limitation, the reasonable fees and expenses of Mortgagee’s counsel), shall be paid by Mortgagor to Mortgagee forthwith after demand and shall be a part of the indebtedness secured hereby.

Remediation. Except to If at any time during the extent Lease Term any contamination of the Premises by Hazardous Materials shall occur where such contamination is caused by any intentional the act or negligent act omission of Lessor Tenant or LessorTenant’s agents or AffiliatesRepresentatives (“Tenant’s Contamination"), or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of such event andthen Tenant, at its Tenant’s sole cost and expense, cure shall promptly and diligently remove such violation Hazardous Materials from the Premises or effect such repair, closure, detoxification, decontamination or other remediation the groundwater underlying the Premises to the extent required by to comply with applicable Hazardous Materials Laws. Tenant shall not take any Environmental Law or as reasonably necessary required remedial action in response to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions Tenant’s Contamination in or about the Leased Property 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 may be subject to conditions imposed by Landlord as determined in Landlord’s sole discretion. Landlord and Tenant shall jointly prepare a remediation plan in compliance with all Hazardous Materials Laws and the provisions of this Lease. In addition to all other rights and remedies of the Landlord hereunder, if Tenant 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 Tenant’s Contamination within thirty (or any portion thereof30) or any Capital Additionsdays after all necessary approvals and consents have been obtained and thereafter continue to prosecute such remediation to completion in accordance with the approved remediation plan, Lessee shall also reasonably promptly notify Lessor of such event andthen Landlord, at its sole cost and expensediscretion, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out cause such action 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 recover Landlord, copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from Lessee all the Premises as part of LessorTenant’s out-of-pocket costs and expenses incurred in connection therewithremediation of any Tenant’s Contamination.

Remediation. Except If any Hazardous Material in a quantity sufficient to the extent caused by require remediation or reporting under any intentional or negligent act of Lessor or Lessor’s agents or AffiliatesEnvironmental Law is released, or after the Termdisposed of, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, on or under or about the Leased Property at any time during the Term hereof or was released, or disposed of, in, on or under the Leased Property at any Capital Additionstime prior to the Commencement Date (i.e., irrespective of whether the same occurred during Tenant's or Tenant's affiliate's ownership or possession of the Leased Property), or if LesseeTenant, Lessor Landlord, or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant federal, state or local agency to Environmental Law or other Legal Requirement to investigate, remove, remediate, repair, close, detoxify, decontaminate or otherwise remediate clean up the Leased Property as a result of any release or disposal in, on or under the Leased Property occurring at any time during the Term hereof or prior to the Commencement Date (i.e., irrespective of whether the same occurred during Tenant's or any portion thereof) and any Capital AdditionsTenant's affiliate's ownership or possession of the Leased Property), Lessee shall notify Lessor within fifteen (15) days of such event andTenant shall, at its sole cost and expense, cure such violation carry out and complete any required investigation, removal, remediation, repair, closure, detoxification, decontamination or effect other cleanup of the Leased Property in material compliance with all applicable Environmental Laws; provided, however, that Tenant shall have no responsibility for any investigation, removal, remediation, repair, closure, detoxification, decontamination or other cleanup of the Leased Property necessitated by actions of Landlord. Subject to Tenant's rights to contest pursuant to Article 12 hereof, if Tenant fails to implement and diligently pursue any such repair, closure, detoxification, decontamination or other remediation to the extent required by any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk cleanup of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost in a timely manner and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict material compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cureapplicable Environmental Laws, repair, closure, detoxification, decontamination or other remediation, Lessor Landlord shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket the reasonable costs and expenses incurred in connection therewithfrom Tenant as Additional Charges.

Remediation. Except to If any investigation, site monitoring, containment, remediation, removal, restoration or other remedial work of any kind or nature (the extent caused “Remedial Work”) is reasonably desirable (in the case of an operation and maintenance program or similar monitoring or preventative programs) or necessary, both as determined by an independent environmental consultant selected by Mortgagee under any applicable federal, state or local law, regulation or ordinance, or under any judicial or administrative order or judgment, or by any intentional governmental person, board, commission or negligent act agency, because of Lessor or Lessor’s agents in connection with the current or Affiliatesfuture presence, suspected presence, release or suspected release of a Hazardous Substance into the air, soil, groundwater, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment insurface water at, on, about, under or about within the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (Mortgaged Premises or any portion thereof, Mortgagor shall within thirty (30) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate days after written demand by Mortgagee for the Leased Property performance (or any portion thereof) within such shorter time as may be required under applicable law, regulation, ordinance, order or agreement), commence and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of thereafter diligently prosecute to completion all such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation Remedial Work to the extent required by any Environmental Law law. All Remedial Work shall be performed by contractors approved in advance by Mortgagee and under the supervision of a consulting engineer approved in advance by Mortgagee (which approval in each case shall not be unreasonably withheld or as reasonably necessary to respond to a threat to human health or a risk of property damage related theretodelayed). Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket All costs and expenses of such Remedial Work (including without limitation the reasonable fees and expenses of Mortgagee’s counsel) incurred in connection therewith.with monitoring or review of the Remedial Work shall be paid by Xxxxxxxxx. If Mortgagor shall fail or neglect to timely commence or cause to be commenced, or shall fail to diligently prosecute to completion, such Remedial Work, Mortgagee 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 (including, without limitation, the reasonable fees and expenses of Mortgagee’s counsel), shall be paid by Mortgagor to Mortgagee forthwith after demand and shall be a part of the indebtedness secured hereby. [MORTGAGE] Loan No. 19263

Remediation. Except to the extent caused by any intentional or negligent act of Lessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to the extent required by any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to contractor(s)to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediationotherremediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket costs and expenses incurred in connection therewith.

Remediation. Except to the extent caused by any intentional or negligent act of Lessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to the extent required by any Environmental Law or as 102 reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket costs and expenses incurred in connection therewith.

Remediation. Except to If any investigation, site monitoring, containment, cleanup, removal, restoration or other remedial work of any kind or nature (the extent caused “Remedial Work”) is reasonably desirable (in the case of an operation and maintenance program or similar monitoring or preventative programs) or necessary, both as determined by an independent environmental consultant selected by Mortgagee under any applicable federal, state or local law, regulation or ordinance, or under any judicial or administrative order or judgment, or by any intentional governmental person, board, commission or negligent act agency, because of Lessor or Lessor’s agents in connection with the current or Affiliatesfuture presence, suspected presence, release or suspected release of a Hazardous Substance into the air, soil, groundwater, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment insurface water at, on, about, under or about within the Leased Property Mortgaged Premises or any Capital AdditionsLoan No. 18856 portion thereof, or if Lessee, Lessor or Mortgagor shall within thirty (30) days after written demand by Mortgagee for the Leased Property performance (or any portion thereof) within such shorter time as may be required under applicable law, regulation, ordinance, order or any Capital Additions becomes subject agreement), commence and thereafter diligently prosecute to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (15) days of completion all such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation Remedial Work to the extent required by any Environmental Law law. All Remedial Work shall be performed by contractors approved in advance by Mortgagee (which approval in each case shall not be unreasonably withheld or as reasonably necessary to respond to delayed) and under the supervision of a threat to human health or a risk of property damage related theretoconsulting engineer approved in advance by Mortgagee. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket All costs and expenses of such Remedial Work (including without limitation the reasonable fees and expenses of Mortgagee’s counsel) incurred in connection therewithwith monitoring or review of the Remedial Work shall be paid by Xxxxxxxxx. If Mortgagor shall fail or neglect to timely commence or cause to be commenced, or shall fail to diligently prosecute to completion, such Remedial Work, Mortgagee 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 (including, without limitation, the reasonable fees and expenses of Mortgagee’s counsel), shall be paid by Mortgagor to Mortgagee forthwith after demand and shall be a part of the indebtedness secured hereby.

Remediation. Except to the extent caused by any intentional or negligent act of Lessor or Lessor’s agents or Affiliates, or after the Term, if Lessee If Tenant becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital Additionsadjacent property for which Tenant is responsible, or if LesseeTenant, Lessor Landlord or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law federal, state or other Legal Requirement local agency to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital AdditionsProperty, Lessee Tenant shall immediately notify Lessor within fifteen (15) days Landlord of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to the extent required by any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirementsremediation. If Lessee Tenant fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor Landlord shall have the right, but not the obligation, to carry out such action and to recover from Lessee Tenant all of LessorLandlord’s out-of-pocket costs and expenses incurred in connection therewith.. Indemnity . Tenant shall indemnify, defend, protect, save, hold harmless, and reimburse Landlord for, from and against any and all costs, losses (including, losses of use or economic benefit or diminution in value), liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses (collectively, “Environmental Costs”) (whether or not arising out of third-party claims and regardless of whether liability without fault is imposed, or sought to be imposed, on Landlord) incurred in connection with, arising out of, resulting from or incident to, directly or indirectly, before (except to the extent first discovered after the end of the Term) or during (but not after) the Term or such portion thereof during which the Leased Property is leased to Tenant (i) the production, use, generation, storage, treatment, transporting, disposal, discharge, release or other handling or disposition of any Hazardous Substances from, in, on or about the Leased Property (collectively, “Handling”), including the effects of such Handling of any Hazardous Substances on any Person or property within or outside the boundaries of the Leased Property, (ii) the presence of any Hazardous Substances in, on, under or about the Leased Property and (iii) the violation of any Environmental Law. “Environmental Costs” include interest, costs of response, removal, remedial action, containment, cleanup, investigation, design, engineering and construction, damages (including actual and consequential damages) for personal injuries and for injury to, destruction of or loss of property or natural resources, relocation or replacement costs, penalties, fines, charges or expenses, attorney’s fees, expert fees, consultation fees, and court costs, and all amounts paid in investigating, defending or settling any of the foregoing. Without limiting the scope or generality of the foregoing, Tenant expressly agrees that, in the event of a breach by Tenant in its obligations under this Section 32.4 that is not cured within any applicable cure period, Tenant shall reimburse Landlord for any and all reasonable costs and expenses incurred by Landlord in connection with, arising out of, resulting from or incident to, directly or indirectly, before (with respect to any period of time in which Tenant or its Affiliate was in possession and control of the applicable Leased Property) or during (but not after) the Term or such portion thereof during which the Leased Property is leased to Tenant of the following:

Remediation. Except to the extent caused by any intentional or negligent act of Lessor or Lessor’s agents or Affiliates, or after the Term, if Lessee If Tenant becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence or release of any Hazardous Substances that pose a risk to human health or the environment Material in, on, on or under or about the Leased Property or any Capital Additionsother property affected by the Leased Property, in a quantity sufficient to require remediation or reporting under any Environmental Law, or where remediation is otherwise necessary to prevent the value of the Leased Property from being materially and adversely affected, or if LesseeTenant, Lessor or Landlord, the Leased Property (or any portion thereof) or any Capital Additions property affected by the Leased Property becomes subject to any material order of any Governmental Authority pursuant court or federal, state or local agency to Environmental Law or other Legal Requirement to investigate, remove, remediate, repair, close, detoxify, decontaminate or otherwise remediate clean up the Leased Property (or any portion thereof) and any Capital Additionsproperty affected by the Leased Property, Lessee shall notify Lessor within fifteen (15) days except to the extent that such remediation is required to address releases of such event andHazardous Materials caused solely by actions of the Landlord, Tenant shall, at its sole cost and expense, cure such violation or effect such repaircarry out and complete any required response, closureaction, detoxificationinvestigation, decontamination or other remediation to the extent required by any Environmental Law or as reasonably necessary to respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additionsremoval, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cureremediation, repair, closure, detoxification, decontamination or other remediationcleanup of the Leased Property or any property affected by the Leased Property in compliance with applicable laws and prevailing industry practices and standards. Tenant shall provide Landlord with documentation reasonably acceptable to Landlord evidencing that all work or other action required hereunder has been properly and lawfully completed (including a certificate addressed to Lessor from an environmental consultant reasonably acceptable to Landlord in such detail and form as Landlord may reasonably require). If Tenant fails to implement and diligently pursue any such repair, Lessor closure, detoxification, decontamination, response, action, remediation or other cleanup of the Leased Property, or any property affected by the Leased Property in a timely manner and in compliance with applicable laws and prevailing industry standards, Landlord shall have the rightright (in addition to any other rights of Landlord under this Lease), but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket Landlord's actual, documented costs and expenses incurred in connection therewith(including, without limitation, reasonable attorneys' and consultants' fees and costs) from Tenant as Additional Rent.

Remediation. Except If any Hazardous Material in a quantity sufficient to require remediation or reporting under any Environmental Law is released, or disposed of, in, on or under the Subleased Property at any time during the Term hereof or was released, or disposed of, in, on or under the Subleased Property at any time prior to the extent caused by any intentional Commencement Date (i.e., irrespective of whether the same occurred during Subtenant's or negligent act Subtenant's affiliate's ownership or possession of Lessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances that pose a risk to human health or the environment in, on, under or about the Leased Property or any Capital AdditionsSubleased Property), or if LesseeSubtenant, Lessor Sublandlord, or the Leased Subleased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant federal, state or local agency to Environmental Law or other Legal Requirement to investigate, remove, remediate, repair, close, detoxify, decontaminate or otherwise remediate clean up the Leased Subleased Property as a result of any release or disposal in, on or under the Subleased Property occurring at any time prior to the Commencement Date (i.e., irrespective of whether the same occurred during the Term hereof or any portion thereof) and any Capital Additionsduring Subtenant's or Subtenant's affiliate's ownership or possession of the Subleased Property), Lessee shall notify Lessor within fifteen (15) days of such event andSubtenant shall, at its sole cost and expense, cure such violation carry out and complete any required investigation, removal, remediation, repair, closure, detoxification, decontamination or effect other cleanup of the Subleased Property in material compliance with all applicable Environmental Laws; provided, however, that Subtenant shall have no responsibility for any investigation, removal, remediation, repair, closure, detoxification, decontamination or other cleanup of the Subleased Property necessitated by actions of Sublandlord. Subject to Subtenant's rights to contest pursuant to Article 12 hereof, if Subtenant fails to implement and diligently pursue any such repair, closure, detoxification, decontamination or other remediation to cleanup of the extent required by any Environmental Law or as reasonably necessary to respond to Subleased Property in a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any timely manner and in material Mold or Mold Conditions in or about the Leased Property (or any portion thereof) or any Capital Additions, Lessee shall also reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) to clean-up and remove from the Leased Property and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cureapplicable Environmental Laws, repair, closure, detoxification, decontamination or other remediation, Lessor Sublandlord shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor’s out-of-pocket the reasonable costs and expenses incurred in connection therewithfrom Subtenant as Additional Charges.