Common use of Right to Take Action Clause in Contracts

Right to Take Action. MAC shall have the right, but not the duty or obligation, to take whatever reasonable action it deems appropriate to protect the Premises from any material impairment to its value resulting from any escape, seepage, leakage, spillage, discharge, deposit, disposal, emission or release of Environmentally Regulated Substances from the Premises or the Airport which is not in full accordance with any Environmental Law and arises out of AIRLINE’s past or present operations during the Term of this Agreement. The MAC shall notify the AIRLINE of its intention to take such action in writing thirty (30) days before proceeding under this Subsection D.6. Within that thirty (30) day period, AIRLINE shall have the opportunity to take whatever reasonable action is deemed appropriate by MAC or provide MAC a binding commitment to do so within a reasonable time. If AIRLINE does not take such action or provide a binding commitment within the thirty (30) day period, MAC may proceed under the terms of this Subsection D.6. MAC shall not be obligated to provide such 30 days’ advance notice if doing so may reasonably result in material harm to person or property, but, in such circumstance, MAC shall provide as much advance notice as reasonably practicable under the circumstances. All costs associated with any action by the MAC in connection with this provision, including but not limited to reasonable attorneys’ fees, shall be subject to Subsection D.1. of this Article.

Right to Take Action. MAC shall have the right, but not the duty or obligation, to take whatever reasonable action it deems appropriate to protect the Premises Leased Property and Airport from any material impairment to its value resulting from any escape, seepage, leakage, spillage, discharge, deposit, disposal, emission or release of Environmentally Regulated Substances from the Premises or the Leased Property and Airport which is not in full accordance compliance with any Environmental Law and arises out of AIRLINETenant’s past or present operations during operations. Except in the Term event of this Agreement. The an emergency, MAC shall notify the AIRLINE Tenant of its intention to take such action in writing thirty (30) days before proceeding under this Subsection D.6Section 20.7. Within that thirty (30) day period, AIRLINE Tenant shall have the opportunity to take whatever reasonable action is deemed appropriate by MAC to cure the matter of concern or provide MAC a binding commitment to do so within a reasonable time. If AIRLINE Tenant does not take such action or provide a binding commitment within the thirty (30) day period, MAC may proceed under the terms of this Subsection D.6. MAC shall not be obligated to provide such 30 days’ advance notice if doing so may reasonably result in material harm to person or property, but, in such circumstance, MAC shall provide as much advance notice as reasonably practicable under the circumstancesSection 20 [Environmental Responsibilities]. All reasonable costs associated with any action by the MAC in connection with this provision, including but not limited to reasonable attorneys’ attorney’s fees, shall be subject to Subsection D.1. of this ArticleSection 20.2 [Indemnification] hereof.