Common use of Studies Clause in Contracts

Studies. Tenant acknowledges receipt of a copy of the reports described in Exhibit "J" attached hereto (collectively, "Hazardous Substance Reports"). Landlord, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof); or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or any other property. Landlord does acknowledge to Tenant that: (i) Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, Tenant: (a) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Tenant at the Premises or Building, Tenant shall first notify Landlord of each proposed inspection or test and the scope, impact, and intent thereof and obtain Landlord's written consent to perform the same. Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Landlord with true and complete copies of any survey or report obtained by or for the benefit of Tenant in connection with hazardous or toxic materials that concern the Building or the Premises.

Studies. Tenant acknowledges receipt of a copy of the reports described in Exhibit "J" attached hereto that certain Final Environmental Site Assessment Cascades Business Park Lots 3, 4 and 00-00, Xxxxxx, Xxxxxxxxxx dated July 23, 1999 and prepared by Xxxxxxx Xxxxxx Associates and Environmental Site Assessment Update dated August 7, 2001, prepared by Xxxxxxx ESE (collectively, "Hazardous Substance Reports"). Landlord, except as provided in the following sentence of this paragraph, makes no representations or <PAGE> -68- warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof); or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or any other propertythe Industrial Center. Landlord does acknowledge state to Tenant that: (i) Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports, and (iii) to Landlord's knowledge, the Hazardous Substances Reports delivered are true and complete copies of the original Hazardous Substances Reports. Notwithstanding the preceding sentence, Tenant: (a) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Tenant at the Premises or Building, Tenant shall first notify Landlord of each proposed inspection or test and the scope, impact, and intent thereof and obtain Landlord's written consent to perform the same. Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection inspection. Tenant may, at Tenant's sole cost and will expense, obtain non-intrusive Phase I Environmental Report in accordance with the most recent ASTM Standards from a reputable environmental consultant (the "Updated Reports"). Landlord agrees to provide Tenant's environmental consultant with access to the Premises for purposes of preparing its Updated Reports and otherwise reasonably cooperate with that environmental consultant at no cost to Landlord; provided that in no event shall Landlord with true and complete copies be obligated to make any representation or warranty or other statement as to the presence or absence of Hazardous Materials at the Industrial Center. In the event Tenant obtains the Updated Reports, then Tenant may elect at any survey or time within thirty (30) days after the date of this Lease to terminate this Lease based on Tenant's review of the Updated Reports. No delay in obtaining the Updated Reports shall extend to that thirty (30) day period. Tenant shall not have the right to terminate the Lease pursuant to this Paragraph 47.6 if it elects to obtain a report obtained by or for other than the benefit of Tenant in connection with hazardous or toxic materials that concern the Building or the PremisesUpdated Reports.

Studies. Tenant acknowledges receipt of a copy of the reports described in Exhibit "J" attached hereto that certain Environmental Site Assessment 11.5 Acre Parcel Southeast Corner of Xxx Xxxxx xxx Xxx Xxxxx Xxx., Xxx Xxxxx, Xxxxxxxxxx 00000 dated May 20, 1998 prepared by Xxxxxxx Xxxxxx Associates (collectively, "“Hazardous Substance Reports"”). Landlord, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof); or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or any other propertythe Project. Landlord does acknowledge to Tenant that: (i) Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, Tenant: (a) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Tenant at the Premises or Building, Tenant shall first notify Landlord of each proposed inspection or test and the scope, impact, and intent thereof and obtain Landlord's ’s written consent to perform the same. Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Landlord with true and complete copies of any survey or report obtained by or for the benefit of Tenant in connection with hazardous or toxic materials that concern the Building or the Premisesinspection.

Studies. Tenant acknowledges receipt of a copy A review of the reports described plans and projects manual for the Building, as updated, revealed that there should not by any asbestos within the base building when built in Exhibit accordance with such plans and project manual (hereinafter called the "J" attached hereto (collectively, "Hazardous Substance ReportsHAZARDOUS SUBSTANCE SURVEYS"). Landlord, except as provided in the following sentence of this paragraph, Landlord makes no representations or warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Reports (Surveys, including, without limitation, the contents contents, accuracy and/or accuracy thereof); scope thereof [Landlord having informed Tenant that said Hazardous Substance Surveys are not comprehensive surveys for all forms of hazardous or toxic materials, including, but not limited to, asbestos containing materials, or actual field inspections of the Building therefor, and cannot be relied upon as a representation that there are no hazardous or toxic materials at the Premises or Building, whether addressed therein or not], or (ii) the presence or absence of toxic or Hazardous Materials hazardous materials in, at, or under the Premises, the Building or any other property. Landlord does acknowledge to Tenant that: (i) Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance ReportsBuilding. Notwithstanding the preceding sentence, Tenant: (ax) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance ReportsSurveys, the same having been provided for informational purposes only; and (by) shall acknowledges that Tenant will make or has made such studies and investigations, will conduct or has conducted such tests and surveys, and will engage or has engaged such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materialsmaterials ("ENVIRONMENTAL TESTS"), which shall be permitted only following prior written notice to and coordination with Landlord. In Further, Tenant shall furnish Landlord with a complete and legible copy of any such resulting study, report, test, survey or investigation and shall fully restore all areas and improvements where samples were taken or work performed and repair all damage resulting from any of the same and shall indemnify and hold harmless from and against all claims, actions, liabilities, damages, losses, injuries or deaths in connection with or arising out of or from any inspections Environmental Tests or tests to be similar or dissimilar activity conducted by Tenant Tenant, Tenant's agents or contractors at the Premises or the Building, Tenant shall first notify Landlord of each proposed inspection whether under this provision or test and the scope, impact, and intent thereof and obtain Landlord's written consent to perform the same. Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Landlord with true and complete copies of any survey otherwise under or report obtained by or for the benefit of Tenant in connection with hazardous or toxic materials that concern the Building or the Premisesthis Lease.

Studies. Tenant Lessee acknowledges receipt of a copy of the reports described in Exhibit "J" attached hereto that certain Soil and Ground Water Investigation, Former Best Foods Facility, Santa Fe Springs, California dated June 10, 1996 prepared by Xxxxxxx Xxxxxx Associates, and that certain Environmental Site Assessment, Mid Counties Business Park, 15700 and 00000 Xxxxxxxxx Avenue, Santa Fe Springs, California dated June 11, 1996, prepared by Xxxxxxx Xxxxxx Associates (collectively, "Hazardous Substance Reports"). LandlordLessor, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Tenant Lessee regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof); ) or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or any other propertythe Industrial Center. Landlord Lessor does acknowledge to Tenant Lessee that: (i) Landlord Lessor has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Landlord Lessor does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, TenantLessee: (a) shall not rely on and Tenant Lessee hereby represents to Landlord Lessor that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Tenant Lessee deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Tenant Lessee at the Premises or Building, Tenant Lessee shall first notify Landlord Lessor of each proposed inspection or test and the scope, impact, and intent thereof and obtain LandlordLessor's written consent to perform the same. Tenant Lessee shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Landlord Lessor with true and complete copies of any survey or report obtained by or for the benefit of Tenant Lessee in connection with hazardous or toxic materials that concern the Building Building, the Industrial Center or the Premises.

Studies. Tenant By 5 p.m. (Pacific) on the date that is three months after the date Purchaser receives Seller’s Board Approval Notice (as hereinafter defined) (the “Feasibility Deadline”), Purchaser shall have approved, in its sole and absolute discretion, all soils, engineering, hazardous waste, geotechnical, wetlands and other studies in connection with the Property and Purchaser’s proposed project. Purchaser hereby acknowledges receipt (from Seller) of one copy of the items listed on Exhibit E attached hereto (“Seller’s Reports”). Seller represents and warrants to Purchaser that the Seller’s Reports constitute all topographical and boundary surveys, environmental reports, engineering studies, soil-bearing test data, and any similar reports and studies, except Property valuations, income projections, and other documents containing confidential financial analysis with respect to the Property that Seller, or any affiliate of Seller, has in its possession, or to which Seller, or any affiliate of Seller, has access, through the exercise of commercially reasonable efforts. Upon Purchaser’s receipt of Seller’s Reports, Purchaser shall have the unrestricted right to use such reports and studies in connection with Purchaser’s review of the Property and Purchaser’s efforts to obtain its permits and approvals; provided, however, that Purchaser agrees to indemnify, defend and hold Seller harmless from and against any and all liability, loss, cost, damage or expense (including reasonable attorney’s fees) arising out of the use or reliance upon Seller’s Reports by Purchaser or by any person who obtains Seller’s Reports directly or indirectly from Purchaser. In the event Purchaser fails (for any reason) to purchase the Property, Purchaser shall promptly return Seller’s Reports to Seller and also shall furnish to Seller (without representation or warranty of any kind) a copy of all written inspections, studies, surveys and reports pertaining to the reports described in Exhibit "J" attached hereto (collectively, "Hazardous Substance Reports"). LandlordProperty prepared by or for Purchaser, except as provided Property valuations, income projections, and other documents containing confidential financial analysis (“Purchaser’s Reports”) at no expense to Seller; provided, however, that Seller agrees to indemnify, defend and hold Purchaser harmless from and against any and all liability, loss, cost, damage or expense (including reasonable attorney’s fees) arising out of the use or reliance upon Purchaser’s Reports by Seller or by any person who obtains Purchaser’s Reports directly or indirectly from Seller. The indemnification provisions set forth in this subsection shall survive the following sentence termination of this paragraph, makes no representations or warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Reports (including, without limitation, the contents and/or accuracy thereof); or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or any other property. Landlord does acknowledge to Tenant that: (i) Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, Tenant: (a) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance Reports; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materialsAgreement. In connection with any inspections or tests addition, Purchaser shall furnish to be conducted Seller immediately upon receipt by Tenant at the Premises or Building, Tenant shall first notify Landlord of each proposed inspection or test and the scope, impact, and intent thereof and obtain Landlord's written consent to perform the same. Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Landlord with true and complete Purchaser copies of any survey or report topographic data relating to the Property obtained by Purchaser; at no expense to Seller; provided, however, that Seller agrees to indemnify, defend and hold Purchaser harmless from and against any and all liability, loss, cost, damage or for expense (including reasonable attorney’s fees) arising out of the benefit of Tenant in connection with hazardous use or toxic materials that concern the Building reliance upon such data by Seller or the Premisesby any person who obtains such data directly or indirectly from Seller.

Studies. Tenant Lessee acknowledges receipt of a copy of the reports those ------- certain Phase I Environmental Site Assessment Update, Ardenwood Technology Park, 00000 Xxxxxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxxxx, dated September 20, 1999, prepared by ATC Associates, (Project No. 75.81075.0002) and any prior hazardous materials studies described in Exhibit "J" attached hereto therein (collectively, "Hazardous Substance ReportsSurveys"). LandlordThe Hazardous Substance Surveys do not indicate the presence of Hazardous Materials at the leased Premises based on the present levels or content of said Hazardous Materials in the materials sampled and tested at the Building housing the Premises, as said levels or content are presently set by the U.S. Environmental Protection Agency ("EPA") or the U.S. Occupational Safety and Health Administration ("OSHA"). Lessor has no knowledge of Hazardous Materials at the Premises or in the Building but Lessor's knowledge regarding the absence of said Hazardous Materials is limited to the Hazardous Substance Surveys. For purposes of the preceding sentence, knowledge by Lessor shall be limited to the actual knowledge of the following persons: Tig Xxxxxxx. Lessor, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Tenant Lessee regarding: (i) the Hazardous Substance Reports Surveys (including, without limitation, the contents and/or accuracy thereof); ) or (ii) the presence or absence of toxic or Hazardous Materials in, at, or under the Premises, the Building or any other propertythe Industrial Center. Landlord Lessor does acknowledge to Tenant Lessee that: (i) Landlord Lessor has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance ReportsSurveys; and (ii) Landlord Lessor does not know of any surveys for toxic or Hazardous Materials at the Premises or the Building other than the Hazardous Substance ReportsSurveys; and (iii) Lessor does not know of any reason that the Hazardous Substance Surveys are not true and correct. Notwithstanding the preceding sentence, TenantLessee: (a) shall not rely on and Tenant Lessee hereby represents to Landlord Lessor that it has not relied on the Hazardous Substance ReportsSurveys; and (b) shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Tenant Lessee deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials. In connection with any inspections or tests to be conducted by Tenant Lessee at the Premises or Building, Tenant Lessee shall first notify Landlord Lessor of each proposed inspection or test and the scope, impact, and intent thereof and obtain LandlordLessor's written consent to perform the same. Tenant To the extent such proposed inspection or test causes physical damage to the Premises, Lessee shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Landlord with true and complete copies of any survey or report obtained by or for the benefit of Tenant in connection with hazardous or toxic materials that concern the Building or the Premises.and