Common use of Remedies Upon an Environmental Default Clause in Contracts

Remedies Upon an Environmental Default. In addition to any other rights or remedies Lender may have under this Article 6, at law or in equity, in the event that Environmental Indemnitors shall fail to timely comply with any of the provisions of this Article 6, or in the event that any representation or warranty made in this Article 6 proves to be false or misleading, then, in such event, after (i) delivering written notice to Environmental Indemnitors, which notice specifically states that Environmental Indemnitors have failed to comply with the provisions of this Article 6; and (ii) the expiration of the earlier to occur of (A) a thirty (30) day period after receipt of such notice and (B) the cure period, if any, permitted under any applicable law, rule, regulation or order with which Environmental Indemnitors shall have failed to comply, Lender may declare an Event of Default in this Agreement or any other Loan Documents and exercise any and all remedies provided for therein, and/or do or cause to be done whatever is reasonably necessary to cause the Projects to comply with all Laws relating to Hazardous Material and other applicable Laws, rules, regulations or orders and the cost thereof shall constitute an Expense hereunder and shall become immediately due and payable without notice and with interest thereon at the Default Rate until paid. Environmental Indemnitors shall give to Lender and its agents and employees access to the Projects for the purpose of effecting such compliance and hereby specifically grant to Lender a license, effective upon expiration of the applicable period as described above, if any, to do whatever is necessary to cause the Projects to so comply, including, without limitation, to enter the Projects and remove therefrom any Hazardous Material or otherwise comply with any Laws relating to Hazardous Material.

Remedies Upon an Environmental Default. In addition to any other rights or remedies Lender may have under this Article 6, at law Law or in equity, in the event that Environmental Indemnitors shall fail to timely comply with any of the provisions of this Article 6, or in the event that any representation or warranty made in this Article 6 proves to be false or misleading, then, in such event, after (i) delivering written notice to Environmental Indemnitors, which notice specifically states that Environmental Indemnitors have failed to comply with the provisions of this Article 6; and (ii) the expiration of the earlier to occur of (A) a thirty (30) 30 day period after receipt of such notice notice; provided that if such breach is non-monetary in nature and Borrower diligently commences such cure during such initial 30 day period then Borrowers shall have an additional 30 day period (for a total cure period of 60 days) to comply with such provisions, and (B) the cure period, if any, permitted under any applicable lawLaw, rule, regulation or order with which Environmental Indemnitors shall have failed to comply, Lender may declare an Event of Default in this Agreement or any other Loan Documents and exercise any and all remedies provided for herein and therein, and/or do or cause to be done whatever is reasonably necessary to cause any of the Projects to comply with all Laws relating to Hazardous Material and other applicable Laws, rules, regulations or orders and the cost thereof shall constitute an Expense hereunder and shall become immediately due and payable without notice and with interest thereon at the Default Rate until paid. Environmental Indemnitors shall give to Lender and its agents and employees access to any of the Projects for the purpose of effecting such compliance and hereby specifically grant to Lender a license, effective upon expiration of the applicable cure period as described above, if any, to do whatever is necessary to cause any of the Projects to so comply, including, without limitation, to enter any of the Projects and remove therefrom any Hazardous Material or otherwise comply with any Laws relating to Hazardous Material.

Remedies Upon an Environmental Default. In addition to any other rights or remedies Lender Administrative Agent may have under this Article 6, at law or in equity, in the event that Environmental Indemnitors shall fail to timely comply with any of the provisions of this Article 6, or in the event that any representation or warranty made in this Article 6 proves to be false or misleadingmisleading in any material respect, then, in such event, after (i) delivering written notice to Environmental Indemnitors, which notice specifically states that Environmental Indemnitors have failed to comply with the provisions of this Article 6; and (ii) the expiration of the earlier to occur of (A) a thirty (30) day period after receipt of such notice; provided that if any such failure or false or misleading representation or warranty is susceptible to cure and cannot reasonably be cured within said thirty (30) day period, then Borrower shall have an additional sixty (60) day period to cure such failure and no Event of Default shall be deemed to exist hereunder so long as (Y) Borrower commences such cure within the initial thirty (30) day period and diligently and in good faith pursues such cure to completion within such resulting ninety (90) day period from the date of such notice and (B) the cure period, if any, permitted under any applicable law, rule, regulation or order with which Environmental Indemnitors shall have failed to comply, Lender Administrative Agent on behalf of the Lenders may declare an Event of Default in this Agreement or any other Loan Documents and exercise any and all remedies provided for therein, and/or do or cause to be done whatever is reasonably necessary to cause the Projects Project to comply with all Laws relating to Hazardous Material and other applicable Laws, rules, regulations or orders and the cost thereof shall constitute an Expense hereunder and shall become immediately due and payable without notice and with interest thereon at the Default Rate until paid. Environmental Indemnitors shall give to Lender Administrative Agent and its agents and employees access to the Projects Project for the purpose of effecting such compliance and hereby specifically grant to Lender Administrative Agent a license, effective upon expiration of the applicable period as described above, if any, to do whatever is necessary to cause the Projects Project to so comply, including, without limitation, to enter the Projects Project and remove therefrom any Hazardous Material or otherwise comply with any Laws relating to Hazardous Material.

Remedies Upon an Environmental Default. In addition to any other rights or remedies Lender may have under this Article 67, at law or in equity, in the event that Environmental Indemnitors if Borrower shall fail to timely comply in any material respect with any of the provisions of this Article 67, or in the event that if any representation or warranty made in this Article 6 7 proves to be false or misleadingmisleading in any material respect, then, in such event, after (ia) delivering written notice to Environmental IndemnitorsBorrower, which notice specifically states that Environmental Indemnitors have Borrower has failed to comply with the provisions of this Article 67; and (iib) the expiration of the earlier to occur of (Ai) a thirty sixty (3060) day period after receipt of such notice and (Bii) the cure period, if any, permitted under any applicable law, rule, regulation or order Legal Requirements with which Environmental Indemnitors Borrower shall have failed to comply, Lender may declare an immediate Event of Default in this Agreement or any other Loan Documents and exercise any and all remedies provided for thereinherein or any other Loan Documents, and/or and do or cause to be done whatever is reasonably necessary to cause the Projects Facility to comply with all Laws Legal Requirements relating to Hazardous Material and other applicable Laws, rules, regulations or orders Legal Requirements and the cost thereof shall constitute an Expense hereunder and shall become immediately due and payable without notice and with interest thereon at the Default Rate until paid. Environmental Indemnitors Borrower shall give to Lender and its agents and employees access to the Projects Facility for the purpose of effecting such compliance and hereby specifically grant grants to Lender a license, effective upon expiration of the applicable period as described above, if any, to do whatever is necessary to cause the Projects Facility to so comply, including, without limitation, to enter the Projects Facility and remove therefrom any Hazardous Material to the extent necessary to comply with applicable Legal Requirements or otherwise comply with any Laws Legal Requirements relating to Hazardous Material.

Remedies Upon an Environmental Default. In addition to any other rights or remedies Lender may have under this Article 6, at law or in equity, in the event that Environmental Indemnitors shall fail to timely comply with any of the provisions of this Article 6, or in the event that any representation or warranty made in this Article 6 proves to be false or misleading, then, in such event, after (i) delivering written notice to Environmental Indemnitors, which notice specifically states that Environmental Indemnitors have failed to comply with the provisions of this Article 6; and (ii) the expiration of the earlier to occur of (A) a thirty (30) day period after receipt of such notice and (B) the cure period, if any, permitted under any applicable law, rule, regulation or order with which Environmental Indemnitors shall have failed to comply, Lender may declare an Event of Default in this Agreement or any other Loan Documents and exercise any and all remedies provided for therein, and/or do or cause to be done whatever is reasonably necessary to cause the Projects each Project to comply with all Laws relating to Hazardous Material and other applicable Laws, rules, regulations or orders and the cost thereof shall constitute an Expense hereunder and shall become immediately due and payable without notice and with interest thereon at the Default Rate until paid. Environmental Indemnitors shall give to Lender and its agents and employees access to the Projects for the purpose of effecting such compliance and hereby specifically grant to Lender a license, effective upon expiration of the applicable period as described above, if any, to do whatever is necessary to cause the Projects each Project to so comply, including, without limitation, to enter the Projects each Project and remove therefrom any Hazardous Material or otherwise comply with any Laws relating to Hazardous Material.

Remedies Upon an Environmental Default. In addition to any other rights or remedies Lender may have under this Article 67, at law or in equity, in the event that Environmental Indemnitors if Borrower shall fail to timely comply in any material respect with any of the provisions of this Article 67, or in the event that if any representation or warranty made in this Article 6 7 proves to be false or misleadingmisleading in any material respect, then, in such event, after (ia) delivering written notice to Environmental IndemnitorsBorrower, which notice specifically states that Environmental Indemnitors have Borrower has failed to comply with the provisions of this Article 67; and (iib) the expiration of the earlier to occur of (Ai) a thirty sixty (3060) day period after receipt of such notice and (Bii) the cure period, if any, permitted under any applicable law, rule, regulation or order Legal Requirements with which Environmental Indemnitors the applicable Loan Party shall have failed to comply, Lender may declare an immediate Event of Default in this Agreement or any other Loan Documents and exercise any and all remedies provided for thereinherein or any other Amended and Restated Loan Documents, and/or and do or cause to be done whatever is reasonably necessary to cause the Projects applicable Facility to comply with all Laws Legal Requirements relating to Hazardous Material and other applicable Laws, rules, regulations or orders Legal Requirements and the cost thereof shall constitute an Expense hereunder and shall become immediately due and payable by Borrower without notice and with interest thereon at the Default Rate until paid. Environmental Indemnitors Borrower shall cause each applicable Loan Party to give to Lender and its agents and employees access to the Projects each Facility for the purpose of effecting such compliance and hereby specifically grant grants, for itself and each other Loan Party, to Lender a license, effective upon expiration of the applicable period as described above, if any, to do whatever is necessary to cause the Projects applicable Facility to so comply, including, without limitation, to enter the Projects such Facility and remove therefrom any Hazardous Material or otherwise comply with any Laws Legal Requirements relating to Hazardous Material.