Common use of Testing and Assessment By Authority Clause in Contracts

Testing and Assessment By Authority. The Authority, at its sole discretion, may enter upon the Premises and perform tests, measurements, investigations or assessments the Authority deems necessary in order to determine the presence of Hazardous Materials or to evaluate the Contractor’s compliance with this Contract. The Authority shall also have the right to enter upon the Premises for the purpose of performing multi-media environmental audit inspections and visits as well as to perform multi-media pollution prevention inspections. The Contractor shall have the right to have a representative present and to split samples of any soil and/or groundwater testing. Should the Authority enter the Premises for the reasons specified in this Section, the Authority shall not unreasonably disrupt or interfere with Contractor’s operations at the Premises. In addition, Authority shall restore the Premises to the condition existing prior to the Authority’s entry onto the Premises. Nothing herein requires the Authority to conduct any such testing, measurement, investigation or assessment. The Authority shall give the Contractor a minimum of five (5) days written notice prior to conducting any such tests, investigations or assessment except no such notice is required under urgent or emergency conditions. If any of the Contractor’s Hazardous Materials are detected requiring Corrective Action other than monitoring under this provision, or if any material violation of any law or the requirements of this provision are found by the consultant, the reasonable fees and expenses of said consultant shall be paid by the Contractor upon demand by the Authority. This is in addition to the Contractor’s obligation to conduct all required Corrective Action of any of the Contractor's Hazardous Material releases or suspected releases at the Contractor's sole cost as provided in Section 9.03 herein.

Testing and Assessment By Authority. The AuthoritySubject to the conditions stated below in Section 10.06, at its the Authority's sole discretion, during reasonable business hours, the Authority or its representatives or consultants, may enter upon the Premises and perform make any tests, measurements, investigations or assessments the Authority deems necessary in order to determine the presence of Hazardous Materials hazardous materials or to evaluate the Contractor’s compliance with this Contract. The Authority shall also have the right to enter upon the Premises for the purpose of performing multi-media environmental audit inspections and visits as well as to perform multi-media pollution prevention inspections. Nothing herein requires the Authority to conduct any such testing, measurement, investigation, or assessment. The Contractor shall have the right to have a representative present and to split samples of any soil and/or groundwater testing. Should the Authority enter the Premises for the reasons specified in this Section, the Authority shall not unreasonably disrupt or interfere with Contractor’s operations at the Premises. In addition, Authority shall restore the Premises to the condition existing prior to the Authority’s entry onto the Premises. Nothing herein requires the Authority to conduct any such testing, measurement, investigation or assessment. The Authority shall give the Contractor a minimum of five (5) days written notice prior to conducting any such tests, investigations investigations, or assessment except no such notice is required under urgent or emergency conditions. If any of the Contractor’s Hazardous Materials Contractor hazardous materials are detected requiring Corrective Action other than monitoring under this provision, or if any material violation of any law or the requirements of this provision are found by the consultant, the reasonable fees and expenses of said consultant shall be paid by the Contractor upon as additional rent under this Contract on demand by the Authority. This is in addition to the Contractor’s obligation to conduct all required Corrective Action of any of the Contractor's Hazardous Material hazardous material releases or suspected releases at the Contractor's sole cost as provided in Section 9.03 10.03 herein. In the event of a dispute between the Contractor and the Authority regarding the findings of the consultant, the Contractor and the Authority shall hire, sharing the cost, a second consultant, mutually acceptable to the Contractor and the Authority, to assess the findings of the consultant.