Common use of Tenant’s Remedial Work Clause in Contracts

Tenant’s Remedial Work. Tenant shall be responsible for paying the cost of performing any and all corrective or remedial actions required by applicable Governmental Rules to be performed with respect to (i) any Environmental Event caused by Tenant, or any of its agents, contractors or subcontractors, guests or invitees at any time and (ii) any Hazardous Materials that are introduced to the Fairgrounds on or after the Effective Date by Tenant, or any of its agents, guests or invitees, agents, contractors or subcontractors. Tenant shall promptly inform Landlord and all applicable governmental authorities of any Environmental Event or Hazardous Materials discovered by Tenant in, on or under the Fairgrounds and promptly shall furnish to Landlord any and all reports and other information available to Tenant concerning the matter. Landlord and Xxxxxx shall promptly thereafter meet to discuss the steps to be taken to investigate and, if necessary, remedy such matter, including mutual selection of an independent consultant to evaluate the condition of the Fairgrounds and materials thereon and therein. If it is determined pursuant to an evaluation conducted by the mutually selected independent environmental consultant that remediation of the same is required by this section, then Tenant shall pay the costs of such evaluation and Landlord shall perform Tenant's Remedial Work at Tenant's cost and expense and with due diligence. Alternatively, if it is determined pursuant to an evaluation conducted by the mutually selected independent environmental consultant that· remediation of the same is required by Landlord, then Landlord shall pay the costs of such evaluation and shall perform Landlord's Remedial Work at its own cost and expense and with due diligence.

Tenant’s Remedial Work. Tenant shall be responsible for paying the cost of performing any and all corrective or remedial actions required by applicable Governmental Rules to be performed with respect to (i) any Environmental Event caused by Tenant, or any of its agents, contractors or subcontractors, guests or invitees at any time and (ii) any Hazardous Materials that are introduced to the Fairgrounds on or after the Effective Date by Tenant, or any of its agents, guests or invitees, agents, contractors or subcontractors. Tenant shall promptly inform Landlord and all applicable governmental authorities of any Environmental Event or Hazardous Materials discovered by Tenant in, on or under the Fairgrounds and promptly shall furnish to Landlord any and all reports and other information available to Tenant concerning the matter. Landlord and Xxxxxx Tenant shall promptly thereafter meet to discuss the steps to be taken to investigate and, if necessary, remedy such matter, including mutual selection of an independent consultant to evaluate the condition of the Fairgrounds and materials thereon and therein. If it is determined pursuant to an evaluation conducted by the mutually selected independent environmental consultant that remediation of the same is required by this section, then Tenant shall pay the costs of such evaluation and Landlord shall perform Tenant's ’s Remedial Work at Tenant's ’s cost and expense and with due diligence. Alternatively, if it is determined pursuant to an evaluation conducted by the mutually selected independent environmental consultant that· that remediation of the same is required by Landlord, then Landlord shall pay the costs of such evaluation and shall perform Landlord's ’s Remedial Work at its own cost and expense and with due diligence.. [Verify]

Tenant’s Remedial Work. Tenant hereby acknowledges that it has received and reviewed any applicable Environmental Reports received from Landlord. Tenant shall be responsible for performing or causing to be performed, and for paying the cost of performing performing, any and all corrective or remedial actions (including all investigations, monitoring, etc.) required by applicable Governmental Rules Applicable Law to be performed with respect to (i) any Environmental Event caused by Tenant, or any of its agents, contractors or subcontractors, guests or invitees at any time and (ii) any Hazardous Materials that are introduced to the Fairgrounds on or after the Effective Date by Tenant, or any of its agents, guests or invitees, agents, contractors or subcontractors. Tenant shall promptly inform Landlord and all applicable governmental authorities of any Environmental Event or any Hazardous Materials discovered by Tenant present at, in, on on, or under the Fairgrounds Leased Premises (“Tenant’s Remedial Work”) other than the Landlord’s Remedial Work. Prior to undertaking any Tenant’s Remedial Work, Tenant shall obtain the Approval (not to be unreasonably withheld) of Landlord Representative of the steps Tenant proposes to take with respect to any Tenant’s Remedial Work and promptly Tenant shall furnish select, subject to the Approval of Landlord Representative, an independent environmental consultant or engineer to oversee Tenant’s Remedial Work. To the extent Landlord has a claim against any third Person with respect to any Environmental Event that is included in Tenant’s Remedial Work, Landlord hereby assigns to Tenant, as of the date Tenant is required to perform the related Tenant’s Remedial Work, such claim insofar as it relates to the cost of Tenant’s Remedial Work or any damages suffered by Tenant in connection with such Environmental Event, and Landlord shall reasonably cooperate with Tenant and provide Tenant with such information as Tenant shall reasonably request in pursuing such claim against any such Person. Notwithstanding the foregoing, or anything else in this Lease, Tenant and Landlord agree that it shall be Landlord’s sole responsibility to perform or cause to be performed and to pay for the cost of performing, any and all reports and other information available to Tenant concerning corrective or remedial actions (including all investigations, monitoring, etc.) of any Recognized Environmental Conditions set forth in the matter. Landlord and Xxxxxx shall promptly thereafter meet to discuss Environmental Reports that result in the steps to be taken to investigate andneed for corrective or remedial work at, if necessaryin, remedy such matter, including mutual selection of an independent consultant to evaluate or under the condition of the Fairgrounds and materials thereon and therein. If it is determined pursuant to an evaluation conducted by the mutually selected independent environmental consultant that remediation of the same is required by this section, then Tenant shall pay the costs of such evaluation and Landlord shall perform Tenant's Remedial Work at Tenant's cost and expense and with due diligence. Alternatively, if it is determined pursuant to an evaluation conducted by the mutually selected independent environmental consultant that· remediation of the same is required by Landlord, then Landlord shall pay the costs of such evaluation and shall perform Landlord's Remedial Work at its own cost and expense and with due diligenceLeased Premises.

Tenant’s Remedial Work. Tenant shall be responsible for paying the cost of performing any and all corrective or remedial actions required by applicable Governmental Rules to be performed with respect to (i) any Environmental Event caused by TenantXxxxxx, or any of its agents, contractors or subcontractors, guests or invitees at any time and (ii) any Hazardous Materials that are introduced to the Fairgrounds on or after the Effective Date by Tenant, or any of its agents, guests or invitees, agents, contractors or subcontractors. Tenant shall promptly inform Landlord and all applicable governmental authorities of any Environmental Event or Hazardous Materials discovered by Tenant in, on or under the Fairgrounds and promptly shall furnish to Landlord any and all reports and other information available to Tenant concerning the matter. Landlord and Xxxxxx shall promptly thereafter meet to discuss the steps to be taken to investigate and, if necessary, remedy such matter, including mutual selection of an independent consultant to evaluate the condition of the Fairgrounds and materials thereon and therein. If it is determined pursuant to an evaluation conducted by the mutually selected independent environmental consultant that remediation of the same is required by this section, then Tenant shall pay the costs of such evaluation and Landlord shall perform Tenant's ’s Remedial Work at Tenant's ’s cost and expense and with due diligence. Alternatively, if it is determined pursuant to an evaluation conducted by the mutually selected independent environmental consultant that· that remediation of the same is required by Landlord, then Landlord shall pay the costs of such evaluation and shall perform Landlord's ’s Remedial Work at its own cost and expense and with due diligence.. [Verify]