Common use of Tenant's Obligation to Remediate Clause in Contracts

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premises. Tenant shall take all actions necessary to restore the premises in compliance with applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreementLease, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises Premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premisesPremises. Tenant shall take all actions necessary to restore the premises in compliance with Premises to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premisesPremises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreementshall investigate, Tenant shallassess, upon demand of Landlordmonitor and report as required by applicable Environmental Law, and at its Tenant’s sole cost and expense, promptly take all actions any release of Hazardous Materials required to remediate the premises which are reasonably necessary to mitigate be reported under any Environmental Damages or to allow full economic use Law that arises out of the premises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containmentuse, operation, maintenance, monitoring or restoration work, whether on or off occupancy of the premisesPremises or the Property by Tenant or any Tenant Responsible Parties during the Lease Term and any further period during which Tenant or any Tenant Responsible Party retains use, operation or occupancy of the Premises (a “Tenant’s Release”). Further, Tenant shall take all actions necessary to restore the premises remediate, in compliance with applicable law Environmental Laws, at Tenant’s sole cost and expense, any Tenant’s Release requiring Response Action (as defined in 310 C.M.R. 40.0000). Tenant shall submit to Landlord for Landlord’s prior approval a work plan outlining in reasonable detail any Response Action, remedial work, excavation, treatment, drilling, pumping, site restoration, monitoring or governmental policies. All such work shall any other similar action (the “Remedial Work”) to be performed by one Tenant hereunder (the “Remedial Work Plan”). Landlord shall not unreasonably withhold or more contractorsdelay its approval of such Remedial Work Plan if (i) it complies with all applicable Environmental Laws; and (ii) the Remedial Work outlined therein reasonably appears sufficient to remediate the releases to the level provided for in this Section. If Tenant is obligated to remediate a Tenant’s Release under this Lease, selected by Tenant shall be obligated to remediate Tenant’s Release to a level that will permit the portion of the Property to be used for its highest and approved best use under applicable Legal Requirements (expressly excluding, however, any residential, child educational, day care, agricultural or horticultural use, except to the extent such uses are included in advance and Landlord’s then- current development plans for the Property), but in writing by Landlordno event shall Tenant be obligated to remediate the release to a higher level than a commercially reasonable owner of similar property with similar development potential would undertake. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide make available to Landlord copies of testing results and reports that are generated drafts of any submittals to governmental authorities in connection with the above activitiesRemedial Work for Landlord’s review and comment at least seven (7) days prior to such submittal, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal consider in good faith and incorporate as Tenant reasonably deems appropriate Landlord’s comments thereon. Tenant shall sign any manifests or cap all monitoring xxxxx other documents as the waste generator for any Hazardous Materials it disposes of or sends off site or otherwise arising from a Tenant’s Release. This Section 8.3 (c) shall survive the Lease Term and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises shall be subject to the maximum extent possibleprovisions of Section 9. Tenant’s remediation obligation set forth in this Section 8.3 (c) shall not limit Landlord’s right to damages, if any, which shall include, without limitation, the repair of Landlord may incur due to any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of unremediated Hazardous Materials onto the premises resulting from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licenseesa Tenant’s Release.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all reasonable and necessary actions to remediate the premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premises. Tenant shall take all actions necessary to restore the premises in compliance accordance with applicable environmental regulations to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises Premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premisesPremises. Tenant shall take all actions necessary to restore the premises in compliance with Premises to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises by Tenant, its employees, agents, contractors, subcontractors, guests, or invitees or licensees,, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premisesPremises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and wellx xxx test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees. Provided that the Tenant is in compliance, in no event shall Landlord demand more often than once every twelve (12) months that Tenant pay for investigation of environmental conditions of the Premises.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages of Tenant or its employees, agents, contractors, subcontractors, or guests, licensees, or invitees or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the (1) introduction of a Hazardous Material upon, about about, or beneath the premises Premises or (2) a violation of Environmental Requirements, either of which is caused by the actions of Tenanttenant, its employees, agents, contractors, subcontractors, guests, invitees invitees, or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports reports, or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring monitoring, or restoration work, whether on or off of the premisesPremises. Tenant shall take all actions necessary to restore the premises in compliance with Premises to the condition existing prior to the introduction of Hazardous Material upon, about, or beneath the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe safe, and workmanlike manner and shall minimize any impact on the business conducted at the premisesPremises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including including, but not limited to to, all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state state, and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees invitees, or licensees.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreementLease, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises Premises or 2) a violation of Environmental Requirements, either of which subsection 1 or 2 is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premisesPremises. Tenant shall take all actions necessary to restore the premises in compliance with Premises to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premisesPremises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx wxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreementLease, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises Premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premisesofthe Premises. Tenant shall take all actions necessary to restore the premises in compliance with Premises to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premisesPremises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.11 0\\6 144652.3

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all reasonable and necessary actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the (1) introduction of a Hazardous Material upon, about or beneath the premises Premises, except as otherwise permitted in the use provisions hereof, or (2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premisesPremises. Tenant shall take all actions necessary to restore the premises Premises in compliance accordance with applicable environmental regulations to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant Xxxxxx and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premisesPremises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.

Tenant's Obligation to Remediate. Notwithstanding Except as disclosed in the Baseline Assessments, and notwithstanding the obligation of Tenant TENANT to indemnify Landlord LANDLORD pursuant to this agreement, Tenant TENANT shall, upon demand of LandlordLANDLORD, and at its TENANT'S sole cost and expense, promptly take all reasonable and necessary actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the (1) introduction of a Hazardous Material upon, about or beneath the premises or (2) a violation of Environmental Requirements, either of which is caused by the actions of TenantTENANT, its employees, agents, contractors, subcontractors, guests, invitees or licensees, or not so caused but arising during the Term hereof and not caused by LANDLORD, its agents, employees, contractors, subcontractors, guests, licensees or invitees (unless disclosed in the Baseline Assessments). Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premisesPremises. Tenant Except as disclosed in the Baseline Assessments, TENANT shall take all actions necessary to restore the premises Premises in compliance accordance with applicable environmental regulations and practices to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises, or to the standard of remediation allowable under applicable State and Federal law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant TENANT and approved in advance and in writing by LandlordLANDLORD in LANDLORD'S reasonable discretion. Tenant TENANT shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premisesPremises. Tenant TENANT shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant TENANT shall promptly provide to Landlord LANDLORD copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly Unless otherwise required by applicable environmental standards or governmental authorities, promptly upon completion of such investigation and remediation, Tenant TENANT shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. ProvidedNotwithstanding any of the foregoing or the provisions of 2.3(b) above, however, that Tenant TENANT shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises Premises from adjacent property unless the presence on the adjacent property was caused by Tenant TENANT or its employees, agents, contractors, subcontractors, guests, invitees or licensees.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises Premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premisesPremises. Tenant shall take all actions necessary to restore the premises in compliance with Premises to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises by Tenant, its employees, agents, contractors, subcontractors, guests, or invitees or licensees, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premisesPremises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees. Provided that the Tenant is in compliance, in no event shall Landlord demand more often than once every twelve (12) months that Tenant pay for investigation of environmental conditions of the Premises, which shall not exceed $1,250.00 per investigation.

Tenant's Obligation to Remediate. Notwithstanding the obligation of The Tenant to indemnify Landlord pursuant to this agreement, Tenant covenants and agrees that it shall, upon demand of Landlordat its cost, observe and otherwise comply with, and cause its sublessees, invitees and all other occupants to observe and comply with all applicable Environmental Laws. The Tenant shall immediately notify the Landlord if any contaminants are released or spilled by the Tenant, its sublessees or anyone on the Lands. Should any environmental site ass essment prepared after Baseline Environmental Assessment reveal the presence of contaminants in or from the Lands which exceed levels permitted under Applicable Law and the levels in the Baseline e nvironmental Asses sment and which result d i r e c t l y from the use and/or occupancy of the Lands by the Tenant, the Tenant shall at its sole cost and expense, promptly take all actions and diligently remove or cause to remediate be removed such contamination in accordance with a remediation action plan satisfactory to the premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesLandlord, or are required by Environmental Requirementsacting reasonably, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions action plan shall include, but not be limited to, : (a) Details of all proposed remedial action; (b) Time frames for completion of remedial activities; (c) Cost estimates for implementation of proposed remedial activities; and, (d) A commitment to provide post remediation documentation to the investigation reasonable satisfaction of the environmental condition of Landlord. In the premises, event that the preparation Landlord does not agree with the conclusions of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premises. Tenant shall take all actions necessary to restore the premises in compliance with applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be environmental site assessment prepared in accordance with all applicable requirements of governmental entitiesthis Article 8, the Landlord may retain its own consultant(s) to peer review any such environmental site assessment and the Tenant shall cooperate, and shall cause its consultant(s) to cooperate, with any such peer review. Any such actions For clarity, any Dispute with respect to the matters described in this Article 8 shall be performed dealt with in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection accordance with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licenseesDispute Resolution Procedure .

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreementshall investigate, Tenant shallassess, upon demand of Landlordmonitor and report as required by applicable Environmental Law, and at its Tenant’s sole cost and expense, promptly take all actions any release of Hazardous Materials required to remediate the premises which are reasonably necessary to mitigate be reported under any Environmental Damages or to allow full economic use Law that arises out of the premises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containmentuse, operation, maintenance, monitoring or restoration work, whether on or off occupancy of the premisesPremises or Property by Tenant or any Tenant Responsible Parties during the Term and any further period during which Tenant or any Tenant Responsible Party retains use, operation or occupancy of the Premises (a “Tenant’s Release”). Further, Tenant shall take all actions necessary to restore the premises remediate, in compliance with applicable law or governmental policiesEnvironmental Laws, at Tenant’s sole cost and expense, any Tenant’s Release requiring Response Action (as defined in 310 C.M.R. 40.0000). All such Tenant shall submit to Landlord for Landlord’s prior approval a work shall plan outlining in reasonable detail any Remedial Work to be performed by one Tenant hereunder (the “Remedial Work Plan”). Landlord shall not unreasonably withhold or more contractorsdelay its approval of such Remedial Work Plan if (i) it complies with all applicable Environmental Laws; and (ii) the Remedial Work outlined therein reasonably appears sufficient to remediate the releases to the level provided for in this Section. If Tenant is obligated to remediate a Tenant’s Release under this Lease, selected by Tenant shall be obligated to remediate the Tenant’s Release to a level that will permit the portion of the Property to be used for its highest and approved best use under applicable Legal Requirements (expressly excluding, however, any residential, child educational, day care, agricultural or horticultural use, except to the extent such uses are included in advance and Landlord’s then-current development plans for the Property), but in writing by Landlordno event shall Tenant be obligated to remediate the release to a higher level than a commercially reasonable owner of similar property with similar development potential would undertake. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide make available to Landlord copies of testing results and reports that are generated drafts of any submittals to governmental authorities in connection with the above activitiesRemedial Work for Landlord’s review and comment at least seven (7) days prior to such submittal, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal consider in good faith and incorporate as Tenant reasonably deems appropriate Landlord’s comments thereon. Tenant shall sign any manifests or cap all monitoring xxxxx other documents as the waste generator for any Hazardous Materials it disposes of or sends off site or otherwise arising from a Tenant’s Release. This Subsection shall survive the Term and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises shall be subject to the maximum extent possibleprovisions of Section 4.5. Tenant’s remediation obligation set forth in this Subsection shall not limit Landlord’s right to damages, if any, which shall include, without limitation, the repair of Landlord may incur due to any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of unremediated Hazardous Materials onto the premises resulting from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licenseesa Tenant’s Release.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all actions to remediate the premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premises, or are required by Environmental Requirements, which remediation is necessitated by the (1) introduction of a Hazardous Material upon, about or beneath the premises or (2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premises. Tenant shall take all actions necessary to restore the premises in compliance with to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises from adjacent property unless the presence on the adjacent property properly was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreementshall investigate, Tenant shallassess, upon demand of Landlordmonitor and report as required by applicable Environmental Law, and at its Tenant’s sole cost and expense, promptly take all actions any release of Hazardous Materials required to remediate the premises which are reasonably necessary to mitigate be reported under any Environmental Damages or to allow full economic use Law that arises out of the premises, or are required by Environmental Requirements, which remediation is necessitated by the 1) introduction of a Hazardous Material upon, about or beneath the premises or 2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containmentuse, operation, maintenance, monitoring or restoration work, whether on or off occupancy of the premisesPremises or the Property by Tenant or any Tenant Responsible Parties during the Lease Term and any further period during which Tenant or any Tenant Responsible Party retains use, operation or occupancy of the Premises (a “Tenant’s Release”). Further, Tenant shall take all actions necessary to restore the premises remediate, in compliance with applicable law Environmental Laws, at Tenant’s sole cost and expense, any Tenant’s Release requiring Response Action (as defined in 310 C.M.R. 40.0000). Tenant shall submit to Landlord for Landlord’s prior approval a work plan outlining in reasonable detail any Response Action, remedial work, excavation, treatment, drilling, pumping, site restoration, monitoring or governmental policies. All such work shall any other similar action (the “Remedial Work”) to be performed by one Tenant hereunder (the “Remedial Work Plan”). Landlord shall not unreasonably withhold or more contractorsdelay its approval of such Remedial Work Plan if (i) it complies with all applicable Environmental Laws; and (ii) the Remedial Work outlined therein reasonably appears sufficient to remediate the releases to the level provided for in this Section. If Tenant is obligated to remediate a Tenant’s Release under this Lease, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be obligated to remediate Tenant’s Release in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a goodLegal Requirements and Environmental Laws, safe and workmanlike manner and shall minimize any impact on to the business conducted at the premisescondition existing prior thereto. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide make available to Landlord copies of testing results and reports that are generated drafts of any submittals to governmental authorities in connection with the above activitiesRemedial Work for Landlord’s review and comment at least seven (7) days prior to such submittal, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal consider in good faith and incorporate as Tenant reasonably deems appropriate Landlord’s comments thereon. Tenant shall sign any manifests or cap all monitoring xxxxx other documents as the waste generator for any Hazardous Materials it disposes of or sends off site or otherwise arising from a Tenant’s Release. This Section 8.3 (c) shall survive the Lease Term and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises shall be subject to the maximum extent possibleprovisions of Section 9. Tenant’s remediation obligation set forth in this Section 8.3 (c) shall not limit Landlord’s right to damages, if any, which shall include, without limitation, the repair of Landlord may incur due to any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of unremediated Hazardous Materials onto the premises resulting from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licenseesa Tenant’s Release.

Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all reasonable and necessary actions to remediate the premises Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the premisesPremises, or are required by Environmental Requirements, which remediation is necessitated by the (1) introduction of a Hazardous Material upon, about or beneath the premises Premises, except as otherwise permitted in the use provisions hereof, or (2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the premisesPremises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the premisesPremises. Tenant shall take all actions necessary to restore the premises Premises in compliance accordance with applicable environmental regulations to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the premisesAirport. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring xxxxx and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the premises Premises to the maximum extent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the premises Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.