Common use of Studies Clause in Contracts

Studies. Tenant acknowledges receipt of a copy of 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 the Industrial Center. Landlord does 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; (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. Tenant may, at Tenant's sole cost and 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 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 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 other than the Updated Reports.

Studies. Tenant acknowledges receipt of a copy of 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 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 <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 the Industrial Centerany other property. Landlord does state 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, 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 and will provide Landlord with true and complete copies of any survey or report obtained by or for the benefit of Tenant may, at Tenant's sole cost and expense, obtain non-intrusive Phase I Environmental Report in accordance connection with hazardous or toxic materials that concern the most recent ASTM Standards from a reputable environmental consultant (Building or 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 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 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 other than the Updated ReportsPremises.

Studies. Tenant Lessee acknowledges receipt of a copy of that certain Final 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 Cascades Assessment, Mid Counties Business Park Lots 3Park, 4 15700 and 00-0000000 Xxxxxxxxx Avenue, XxxxxxSanta Fe Springs, Xxxxxxxxxx California dated July 23June 11, 1999 and 1996, prepared by Xxxxxxx Xxxxxx Associates and Environmental Site Assessment Update dated August 7, 2001, prepared by Xxxxxxx ESE (collectively, "Hazardous Substance Reports"). LandlordLessor, except as provided in the following sentence of this paragraph, makes no representations or <PAGE> -68- 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 the Industrial Center. Landlord Lessor does state 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, 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, 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. Tenant mayinspection and will provide Lessor with true and complete copies of any survey or report obtained by or for the benefit of Lessee in connection with hazardous or toxic materials that concern the Building, at Tenant's sole cost and 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 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 Center or the event Tenant obtains the Updated Reports, then Tenant may elect at any 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 other than the Updated ReportsPremises.

Studies. Tenant acknowledges receipt of a copy of that certain Final Environmental Site Assessment Cascades Business Park Lots 311.5 Acre Parcel Southeast Corner of Xxx Xxxxx xxx Xxx Xxxxx Xxx., 4 and 00-00, XxxxxxXxx Xxxxx, Xxxxxxxxxx 00000 dated July 23May 20, 1999 and 1998 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 the Industrial CenterProject. Landlord does state 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, 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 ’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. Tenant may, at Tenant's sole cost and 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 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 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 other than the Updated Reports.

Studies. Tenant Lessee acknowledges receipt of a copy of that those ------- certain Final Phase I Environmental Site Assessment Cascades Business Park Lots 3Update, 4 and 00-00Ardenwood Technology Park, Xxxxxx00000 Xxxxxxxxx Xxxxxxxxx, Xxxxxxxxxx Xxxxxxx, Xxxxxxxxxx, dated July 23September 20, 1999 and prepared by Xxxxxxx Xxxxxx Associates and Environmental Site Assessment Update dated August 7, 20011999, prepared by Xxxxxxx ESE ATC Associates, (collectively, Project No. 75.81075.0002) and any prior hazardous materials studies described therein ("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 <PAGE> -68- 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 the Industrial Center. Landlord Lessor does state 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; (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, Surveys; and (iii) to Landlord's knowledge, Lessor does not know of any reason that the Hazardous Substances Reports delivered Substance Surveys are not true and complete copies of the original Hazardous Substances Reportscorrect. 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. Tenant may, at Tenant's sole cost and 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 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 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 other than the Updated Reports.and