Common use of Reports of the Environmental Consultant Clause in Contracts

Reports of the Environmental Consultant. Delivery to Administrative Agent on behalf of the Banks of (a) Borrower's Environmental Consultant's Phase I reports with respect to such Initial Project along with the corresponding reliance letter from such Environmental Consultant, confirming that no Hazardous Substances were found in, on or under the Site of such Initial Project or (b) if Hazardous Substances were found in, on or under such real property pursuant to such Phase I environmental report or such report otherwise indicates that a Phase II environmental review is warranted, (i) a Phase II environmental report with respect to such real property along with a corresponding reliance letter from Environmental Consultant, confirming, in form and substance satisfactory to Administrative Agent, either (A) that no Hazardous Substances were found in, on or under such real property or (B) matters otherwise satisfactory to the Technical Committee or (ii) an environmental indemnity agreement in form and substance satisfactory to the Technical Committee pursuant to which an indemnitor satisfactory to Administrative Agent indemnifies the Portfolio Entities and the Banks from any and all damages or other liabilities relating to or arising from Hazardous Substances then in, on or under such real property or otherwise caused by or attributable to such indemnitor.

Reports of the Environmental Consultant. Delivery to Administrative Agent on behalf of the Banks of (a) Borrower's Environmental Consultant's Phase I reports with 42 57 respect to such Initial Project Subsequent Project, along with the corresponding reliance letter letters from such Environmental Consultant, confirming that no Hazardous Substances were found in, on or under the Site of such Initial Subsequent Project or (b) if Hazardous Substances were found in, on or under such real property pursuant to such Phase I environmental report report, or such report otherwise indicates that a Phase II environmental review is warranted, (i) a Phase II environmental report with respect to such real property along with a corresponding reliance letter from Environmental Consultant, confirming, confirming in form and substance satisfactory to Administrative Agent, either (A) that no Hazardous Substances were found in, on or under such real property or (B) matters otherwise satisfactory to the Technical Committee or (ii) an environmental indemnity agreement in form and substance satisfactory to the Technical Committee pursuant to which an indemnitor satisfactory to Administrative Agent indemnifies the Portfolio Entities and the Banks from any and all damages or other liabilities relating to or arising from Hazardous Substances then in, on or under such real property or otherwise caused by or attributable to such indemnitor.

Reports of the Environmental Consultant. Delivery to Administrative Agent on behalf of the Banks of (a) Borrower's Environmental Consultant's Phase I reports with respect to such Initial Project Subsequent Project, along with the corresponding reliance letter letters from such Environmental Consultant, confirming that no Hazardous Substances were found in, on or under the Site of such Initial Subsequent Project or (b) if Hazardous Substances were found in, on or under such real property pursuant to such Phase I environmental report report, or such report otherwise indicates that a Phase II environmental review is warranted, (i) a Phase II environmental report with respect to such real property along with a corresponding reliance letter from Environmental Consultant, confirming, confirming in form and substance satisfactory to Administrative Agent, either (A) that no Hazardous Substances were found in, on or under such real property or (B) matters otherwise satisfactory to the Technical Committee or (ii) an environmental indemnity agreement in form and substance satisfactory to the Technical Committee pursuant to which an indemnitor satisfactory to Administrative Agent indemnifies the Portfolio Entities and the Banks from any and all damages or other liabilities relating to or arising from Hazardous Substances then in, on or under such real property or otherwise caused by or attributable to such indemnitor.

Reports of the Environmental Consultant. Delivery to Administrative Agent on behalf of the Banks of (a) Borrower's Environmental Consultant's Phase I reports with respect to such Initial Project along the relevant Subject Project, together with the a corresponding reliance letter from such Environmental ConsultantConsultant (which letter shall be in form and substance reasonably satisfactory to Administrative Agent), confirming that no evidence was found of Hazardous Substances were found inSubstances, on or under the Site of such Initial Subject Project or (b) if evidence was found of Hazardous Substances were found in, on or under such real property pursuant to such Phase I environmental report or such report otherwise indicates that a Phase II environmental review is warranted, (i) a Phase II environmental report with respect to such real property along property, together with a corresponding reliance letter from such Environmental Consultant, confirming, Consultant (which letter shall be in form and substance reasonably satisfactory to Administrative Agent), confirming, either (A) to the reasonable satisfaction of Administrative Agent, that no Hazardous Substances were found in, on or under such real property or (B) to the reasonable satisfaction of the Technical Committee, matters otherwise satisfactory to identified by the Technical Committee or (ii) an environmental indemnity agreement agreement, in form and substance satisfactory to the Technical Committee Committee, pursuant to which which, among other things, an indemnitor satisfactory to Administrative Agent indemnifies the Portfolio Entities and the Banks from any and all claims, losses, diminution in value in such real property, damages or other liabilities relating to or arising from Hazardous Substances then in, on or under such real property or otherwise caused by or attributable to such indemnitor.