Report Updates. (a) Lender reserves the right at any time during the Term to conduct or require Borrower to conduct, at Borrower's expense, such environmental inspections, audits and tests as Lender shall deem reasonably necessary or advisable from time to time utilizing a company acceptable to Lender; provided, however, that Borrower shall not be required to pay for such environmental inspections, audits and tests more often than once every two (2) years so long as: (i) no Event of Default exists under this Agreement or any other Loan Document; (ii) Lender has no cause to believe, in Lender's sole but good faith judgment, that there has been a release or a threatened release of Hazardous Substances at the Premises or that Borrower or the Premises is in violation of any applicable Environmental Law; (iii) such inspections, audits and tests are not being obtained in satisfaction of the provisions of Section 6.27 hereof; and (iv) such inspection, audit or test has not been recommended in any other audit, inspection, test or consultants report previously conducted with respect to the Premises. In the event that any environmental site assessment report prepared for the Premises recommends that an operations and maintenance plan be implemented for any Hazardous Substance, including, without limitation, asbestos, Borrower shall cause such operations and maintenance plan to be
(b) Lender shall have the right from time to time throughout the Term to order additional engineering reports with respect to the Premises. Such additional engineering reports shall be paid for by Borrower in accordance with Section 6.4 hereof; provided, however, that Borrower shall not be required to pay for such additional engineering reports more frequently than once every two (2) years unless (i) an Event of Default has occurred, (ii) any such additional engineering report is being obtained pursuant to Section 6.27 hereof, (iii) any such additional engineering report is required by applicable Legal Requirements to be obtained, or (iv) in Lender's sole but good faith judgment, an adverse change in the condition of the Premises has occurred.
(c) Lender shall not be liable for any action or inaction by Borrower with respect to any remedial or other response activity in connection with any Hazardous Substance or any repair or replacement recommended in any engineering report, notwithstanding any review or approval of Borrower's method of remediation or repair or replacement, as applicable, or any response ...
Report Updates. Lender reserves the right at any time during the Term to conduct or require Indemnitor to conduct, at Indemnitor’s reasonable cost and expense, such environmental inspections, audits and tests (provided that testing may only be performed after reasonable notice to Borrower and Guarantor) of the Property as Lender shall deem reasonably necessary or advisable from time to time, utilizing a company reasonably acceptable to Lender; provided, however, that Indemnitor shall not be required to pay for such environmental inspections, audits and tests so long as: (a) no Event of Default exists under any Loan Document, (b) such inspection, audit or test is not required by applicable Environmental Laws and (c) Lender has no cause to believe, in Lender’s sole but good faith judgment, that there has been or there is threatened a Hazardous Substance Release on or from the Property or that Borrower or the Property is in violation of any applicable Environmental Law.
Report Updates. Lender reserves the right at any time during the term of the Loan to conduct or require Borrower to update any environmental reports previously delivered to Lender or, in the absence thereof, to conduct such environmental inspections, audits and tests as Lender shall deem necessary or advisable from time to time utilizing a company acceptable to Lender; provided, however, that Borrower shall not be required to pay for such environmental inspections, audits and tests more often than once a year so long as:
Report Updates. Administrative Agent reserves the right at any time during the Term to conduct or require Indemnitor to conduct, at Indemnitor’s reasonable cost and expense, such environmental inspections, audits and tests of the Property as Administrative Agent shall deem reasonably necessary or advisable from time to time, utilizing a company reasonably acceptable to Administrative Agent; provided, however, that Indemnitor shall not be required to pay for such environmental inspections, audits and tests so long as: (a) no Event of Default exists under any Loan Document, and (b) such inspection, audit or test is not required by applicable Environmental Laws and (c) Administrative Agent has no cause to believe, in Administrative Agent’s sole but good faith judgment, that there has been or there is threatened a Hazardous Substance Release on or from the Property or that Borrower or the Property is in violation of any applicable Environmental Law.
Report Updates i. Upon written notification from HNTB, KVE shall obtain up to twelve (12) updated ownership reports.
ii. KVE shall review each updated report and update the information shown in the property basemap as an overlay/reference drawing.
iii. KVE shall submit a separate overlay/reference drawing containing any revisions for HNTB’s inclusion into the current basemap.
iv. Drafting standards shall be per item 4 (b) above.
Report Updates. (a) Lender shall have the right at any time from time to time throughout the Term to order additional engineering reports with respect to the Premises. Such additional engineering reports shall be paid for by Borrower in accordance with Section 6.4 hereof; provided, however, that Borrower shall not be required to pay for such additional engineering reports more frequently than once every year unless (i) an Event of Default has occurred, (ii) any such additional engineering report is required by applicable Legal Requirements to be obtained or (iii) in Lender's sole but good faith judgment, an adverse change in the condition of the Premises has occurred.
(b) Lender shall not be liable for any action or inaction by Borrower with respect to any repair or replacement recommended in any engineering report, notwithstanding any review or approval of Borrower's method of repair or replacement, as applicable, or any response by Lender.
Report Updates. (a) Mortgagee reserves the right at any time during the Term to conduct or require Mortgagor to conduct, at Mortgagor's cost and expense, such environmental inspections, audits and tests as Mortgagee shall reasonably deem necessary or advisable from time to time, utilizing a company acceptable to Mortgagee; provided, however, that Mortgagor shall not be required to pay for such environmental inspections, audits and tests more often than once every twelve (12) months so long as: (i) no Event of Default has occurred, (ii) such inspection, audit or test is not required by applicable Environmental Laws and (iii) Mortgagee has no cause to believe, in Mortgagee's sole but good faith judgment, that there has been or there is threatened a Hazardous Substance Release on or from the Premises or that Mortgagor or the Premises is in violation of any applicable Environmental Law.
(b) Mortgagee reserves the right at any time during the Term to order additional engineering reports with respect to the Premises, at Mortgagor's expense; provided, however, that Mortgagor shall not be required to pay for such additional engineering reports more frequently than once every twelve (12) months so long as (i) no Event of Default has occurred, (ii) such additional engineering report is not required by applicable Legal Requirements to be obtained and (iii) in Lender's sole but good faith judgment, no material adverse change in the condition of the Premises has occurred.
(c) Mortgagee shall not be liable for any action or inaction by Mortgagor with respect to any remedial or other response activity in connection with any Hazardous Substance or any repair or replacement recommended in any engineering report, notwithstanding any review or approval of Mortgagor's method of remediation or repair or replacement, as applicable, or any response by Mortgagee.
Report Updates. SPLENDID studies follow the progress of the technical developments. Therefore, month 10 would be too early for the finalization of all the study protocols, especially for the V1 and V2 evaluation studies that have been planned for the 2nd and 3rd project year respectively. For this reason D1.3 has been identified already from the start of the project as a live deliverable (see D8.
Report Updates i. Updates for the ownership reports are not anticipated and thereby excluded from this proposal.
Report Updates. (a) Lender shall have the right at any time from time to time throughout the Term to order additional engineering reports with respect to one or more of the Properties. Such additional engineering reports shall be paid for by Borrower in accordance with Section 7.4 hereof; provided, however, that Borrower shall not be required to pay for such additional engineering reports more frequently than once every year with respect to each Property unless (i) an Event of Default has occurred, (ii) any such additional engineering report is required by applicable Legal Requirements to be obtained or (iii) in Lender's sole but good faith judgment, an adverse change in the condition of the applicable Property has occurred.
(b) Lender shall not be liable for any action or inaction by Borrower or any Borrower Affiliate with respect to any repair or replacement recommended in any engineering report, notwithstanding any review or approval of Borrower's or any Borrower Affiliate's method of repair or replacement, as applicable, or any response by Lender.
