Common use of Tenant’s Obligations for Certain Corrective Actions Clause in Contracts

Tenant’s Obligations for Certain Corrective Actions. Tenant shall be responsible for performing Corrective Action required under Environmental Law to the extent arising from Tenant Environmental Liabilities, and such Corrective Actions shall be performed in a manner that is in conformance with Environmental Laws, acceptable to the applicable Governmental Authority, and at the Lowest Cost Response; provided, however, in the event that Landlord desires the performance of certain enhanced Corrective Action measures, the monetary costs of which exceed the monetary costs of the Corrective Action proposed by Tenant, but the implementation of which otherwise meets or exceeds all of the remaining requirements of the Lowest Cost Response (including the obligation to consider such enhanced Corrective Action as a whole, taking into consideration any negative impact such response may have on the business conducted on the property and any potential additional costs or liabilities that may arise as a result of such enhanced Corrective Action response as compared to the Lowest Cost Response) (the “Enhanced Response”), then, upon Tenant’s written consent to Landlord as to the performance of the particular Enhanced Response desired by Landlord, which consent shall not be unreasonably denied, the Enhanced Response shall be pursued, and any and all monetary costs and other liabilities under Environmental Law for such pursuit of the Enhanced Response that exceed the monetary costs and other liabilities under Environmental Law if the Corrective Action proposed by Tenant were instead pursued, shall be the responsibility of, incurred by, and paid in full by Landlord (for avoidance of doubt, in no event shall any of such monetary costs or any other liabilities under Environmental Law arising from the pursuit of the Enhanced Response (to the extent exceeding the monetary costs and other liabilities under Environmental Law if the Corrective Action proposed by Tenant at the Lowest Cost Response were instead pursued) be the responsibility or obligation of, or be incurred, reimbursed, indemnified or paid by, Tenant).

Tenant’s Obligations for Certain Corrective Actions. Tenant shall be responsible for performing Corrective Action required under Environmental Law to the extent arising from Tenant Environmental Liabilities, and such Corrective Actions shall be performed in a manner that is in conformance with Environmental Laws, acceptable to the applicable Governmental Authority, and at the Lowest Cost Response; providedprovided , howeverhowever , in the event that Landlord desires the performance of certain enhanced Corrective Action measures, the monetary costs of which exceed the monetary costs of the Corrective Action proposed by Tenant, but the implementation of which otherwise meets or exceeds all of the remaining requirements of the Lowest Cost Response (including the obligation to consider such enhanced Corrective Action as a whole, taking into consideration any negative impact such response may have on the business conducted on the property and any potential additional costs or liabilities that may arise as a result of such enhanced Corrective Action response as compared to the Lowest Cost Response) (the ““ Enhanced ResponseResponse ”), then, upon Tenant’s written consent to Landlord as to the performance of the particular Enhanced Response desired by Landlord, which consent shall not be unreasonably denied, the Enhanced Response shall be pursued, and any and all monetary costs and other liabilities under Environmental Law for such pursuit of the Enhanced Response that exceed the monetary costs and other liabilities under Environmental Law if the Corrective Action proposed by Tenant were instead pursued, shall be the responsibility of, incurred by, and paid in full by Landlord (for avoidance of doubt, in no event shall any of such monetary costs or any other liabilities under Environmental Law arising from the pursuit of the Enhanced Response (to the extent exceeding the monetary costs and other liabilities under Environmental Law if the Corrective Action proposed by Tenant at the Lowest Cost Response were instead pursued) be the responsibility or obligation of, or be incurred, reimbursed, indemnified or paid by, Tenant).