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 (“T 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, 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 (“T enantTenant’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 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 (“T enantTenant’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 (“T enantTenant’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.