Common use of Tenant’s Remedial Work Clause in Contracts

Tenant’s Remedial Work. Tenant hereby acknowledges that it has received and reviewed the Environmental Reports. Tenant shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions (including all investigations, monitoring, etc.) required by Applicable Law to be performed with respect to any Environmental Event or any Hazardous Materials present at, in, on, or under the 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 Tenant shall 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 corrective or remedial actions (including all investigations, monitoring, etc.) of any Recognized Environmental Conditions set forth in the Environmental Reports that result in the need for corrective or remedial work at, in, or under the Leased Premises.

Tenant’s Remedial Work. Tenant hereby acknowledges that it has received and reviewed the Environmental Reports. Tenant shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions (including all investigations, monitoring, etc.) required by Applicable Law Laws to be performed with respect to any Environmental Event or any Hazardous Materials present at, in, on, or under the Leased Premises to the extent the condition arises from and after the Execution Date (“Tenant’s Remedial Work”) other than the ); provided, however, under no circumstances shall Tenant’s Remedial Work include Landlord’s Remedial Work. If excavation is to occur below surface elevations not previously excavated by Landlord in 2003, Tenant shall develop an excavation safety plan taking into account the potential subsurface hazards known to exist on the site prior to 2003. 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 Tenant shall 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 or as would be of material benefit to Tenant in pursuing such claim against any such Person. Notwithstanding the foregoing, or anything else in no event shall Tenant’s responsibility for Xxxxxx’s Remedial Work in this LeaseLease prevent Tenant from exercising, or affect the ability of Tenant to exercise, any of its rights and remedies against Landlord agree that it shall be Landlordwith respect to Xxxxxxxx’s sole responsibility to perform or cause to be performed and to pay for the cost of performing, any and all corrective or remedial actions (including all investigations, monitoring, etcperforming Landlord’s Remedial Work.) of any Recognized Environmental Conditions set forth in the Environmental Reports that result in the need for corrective or remedial work at, in, or under the Leased Premises.

Tenant’s Remedial Work. Tenant hereby acknowledges that it has received and reviewed the Environmental Reports. Tenant shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions (including all investigations, monitoring, etc.) required by Applicable Law to be performed with respect to any Environmental Event or any Hazardous Materials present at, in, on, or under the Leased Premises (“TenantT enant’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 Tenant shall 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 corrective or remedial actions (including all investigations, monitoring, etc.) of any Recognized Environmental Conditions set forth in the Environmental Reports that result in the need for corrective or remedial work at, in, or under the Leased Premises.

Tenant’s Remedial Work. Tenant hereby acknowledges that it has received and reviewed the Environmental Reports. 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 Law 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 any Hazardous Materials present at, discovered by Tenant in, on, on or under the Leased Premises (“Tenant’s Remedial Work”) Fairgrounds and promptly shall furnish to Landlord any and all reports and other than information available to Tenant concerning the Landlord’s Remedial Workmatter. Prior Landlord and Xxxxxx shall promptly thereafter meet to undertaking any Tenant’s Remedial Work, Tenant shall obtain discuss the Approval (not steps to be unreasonably withheld) taken to investigate and, if necessary, remedy such matter, including mutual selection of Landlord Representative an independent consultant to evaluate the condition of the steps Tenant proposes Fairgrounds and materials thereon and therein. If it is determined pursuant to take with respect to any Tenant’s Remedial Work and Tenant shall select, subject to an evaluation conducted by the Approval of Landlord Representative, an mutually selected 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 remediation of the date Tenant same is required to perform by this section, then Tenant shall pay the related Tenant’s Remedial Work, costs of 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, evaluation and Landlord shall reasonably cooperate perform Tenant's Remedial Work at Tenant's cost and expense and with Tenant 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 provide Tenant shall perform Landlord's Remedial Work at its own cost and expense and 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 corrective or remedial actions (including all investigations, monitoring, etcdue diligence.) of any Recognized Environmental Conditions set forth in the Environmental Reports that result in the need for corrective or remedial work at, in, or under the Leased Premises.

Tenant’s Remedial Work. Tenant hereby acknowledges that it has received and reviewed the Environmental Reports. Tenant shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions (including all investigations, monitoring, etc.) required by Applicable Law Laws to be performed with respect to any Environmental Event or any Hazardous Materials present at, in, on, or under the Leased Premises to the extent the condition arises from and after the Execution Date (“Tenant’s Remedial Work”) other than the ); provided, however, under no circumstances shall Tenant’s Remedial Work include Landlord’s Remedial Work. If excavation is to occur below surface elevations not previously excavated by Landlord in 2003, Tenant shall develop an excavation safety plan taking into account the potential subsurface hazards known to exist on the site prior to 2003. 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 Tenant shall 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 or as would be of material benefit to Tenant in pursuing such claim against any such Person. Notwithstanding the foregoing, or anything else in no event shall Tenant’s responsibility for Tenant’s Remedial Work in this LeaseLease prevent Tenant from exercising, or affect the ability of Tenant to exercise, any of its rights and remedies against Landlord agree that it shall be with respect to Landlord’s sole responsibility to perform or cause to be performed and to pay for the cost of performing, any and all corrective or remedial actions (including all investigations, monitoring, etcperforming Landlord’s Remedial Work.) of any Recognized Environmental Conditions set forth in the Environmental Reports that result in the need for corrective or remedial work at, in, or under the Leased Premises.

Tenant’s Remedial Work. Tenant hereby acknowledges that it has received and reviewed the any applicable Environmental ReportsReports received from Landlord. Tenant shall be responsible for performing or causing to be performed, and for paying the cost of performing, any and all corrective or remedial actions (including all investigations, monitoring, etc.) required by Applicable Law to be performed with respect to any Environmental Event or any Hazardous Materials present at, in, on, or under the 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 Tenant shall 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 corrective or remedial actions (including all investigations, monitoring, etc.) of any Recognized Environmental Conditions set forth in the Environmental Reports that result in the need for corrective or remedial work at, in, or under the Leased Premises.