Common use of Tests and Reports Clause in Contracts

Tests and Reports. A. Upon written request of either party to this Lease, the other party shall provide: (i) copies of all environmental reports and tests prepared or obtained by or for such first party; (ii) copies of transportation and disposal contracts (and related manifests, schedules, reports and other information) entered into or obtained by such first party with respect to any Hazardous Materials; (iii) copies of any permits issued to such first party under Environmental Laws with respect to the Premises; (iv) prior to filing, copies of any and all reports, notifications and other filings to be made by such rust party to any federal, state or local environmental authorities or agencies and after filing, copies of such filings; and (v) any other applicable documents and information with respect to environmental matters relating to the Premises. The parties to this Lease shall be obligated to provide such documentation only to the extent within their possession or control. B. In addition, Landlord shall ever reasonably believe that there exists any breach by Tenant of the terms of this Article XXX, or if any Environmental Claim is made or threatened, or if a default shall have occurred under the Lease, or at Landlord’s discretion, one (I) time per Lease Year, Landlord shall have the right, but not the duty, to enter upon the Premises and conduct an environmental assessment of the Premises, including but not limited to a visual site inspection, review of records pertaining to the site and interviews of Tenant’s representatives or others concerning the site use and history and other matters. The investigation may also include reasonable subsurface or other invasive investigation of the Premises including but not limited to soil borings and sampling of site soil and ground or surface water for laboratory analysis, as may be recommended by the consultant as part of its inspection of the Premises or based upon such other reasonable evidence of Environmental Conditions warranting such subsurface or other invasive investigation. Landlord shall have the right, but not the duty, to retain any independent professional consultant to conduct any such environmental assessment; provided, however, that Landlord agrees to limit, in the absence of an Environmental Claim or default under this Article XXX, the number of such environmental assessments to one (1) per Lease Year for the Lease Term. Tenant will cooperate with the Landlord’s consultant and will supply to the consultant, promptly upon request, any information reasonably requested by Landlord to facilitate the completion of the environmental assessment. Landlord and its designees are hereby granted access to the Premises at any time or times, upon reasonable notice (which may be written or oral) to perform such environmental assessment. In exercising its right, Landlord shall use its reasonable efforts to minimize disruption of operations at the Premises. Any costs associated with performance of the environmental assessment, including but not limited to the consultant fees and restoration of any property damaged by such environmental assessment, shall be paid by Landlord, unless such investigation discloses an Environmental Condition, in which case Tenant shall pay such costs. C. Tenant shall pay Tenant’s Proportion of all costs incurred by Landlord for consultant fees to review and comment on all reports, and other documentation and information required by Sections 30.5 and 30.6 concerning the work, and to monitor the performance of any Environmental Remediation performed by Tenant.

Tests and Reports. A. Upon written request of either party to this Leaseby Landlord, the other party Tenant shall provide: provide Landlord, at Tenant's expense, with (i) copies of all environmental reports and tests prepared or obtained by or for such first partyTenant or occupant of the Premises; (ii) copies of transportation and disposal contracts (and related manifests, schedules, reports reports, and other information) entered into or obtained by such first party Tenant with respect to any Hazardous MaterialsMaterial; (iii) copies of any permits issued to such first party Tenant under Environmental Laws with respect to the Premises; (iv) prior to filing, copies of any and all reports, notifications notifications, and other filings to be made by such rust party Tenant or occupant of the Premises to any federal, state state, or local environmental authorities or agencies agencies, and after filing, copies of such filings; and (v) any other applicable relevant documents and information with respect to environmental matters relating to the Premises. The parties to this Lease Tenant shall be obligated to provide such documentation only to the extent that the documentation is within their Tenant's possession or control. B. In addition, Landlord shall ever reasonably believe that there exists any breach by Tenant of the terms of this Article XXX, or if any an Environmental Claim is made or threatened, or if a default shall have occurred under the Lease, or at Landlord’s discretion, one (I) time per Lease Year, Landlord shall have the right, but not the duty, to enter upon the Premises and conduct an environmental assessment of the Premises, including but not limited to a visual site inspection, review of records pertaining to the site site, and interviews of Tenant’s 's representatives or others concerning the site use and history and other matters. The investigation may also include reasonable subsurface or other invasive investigation of the Premises Premises, including but not limited to soil borings and sampling of site soil and ground or surface water for laboratory analysis, as may be recommended by the Landlord's consultant (discussed below) as part of its inspection of the Premises or based upon such other reasonable evidence of Environmental Conditions warranting such subsurface or other invasive investigation. Landlord shall have the right, but not the duty, to retain any independent professional consultant to conduct any such environmental assessment; provided, however, that Landlord agrees to limit, in the absence of an Environmental Claim or default under this Article XXXXXXII, the number of such environmental assessments to one (1) per Lease Year for the Lease Term. Tenant will cooperate with the Landlord’s 's consultant and will supply to the consultant, promptly upon request, any information reasonably requested by Landlord to facilitate the completion of the environmental assessment. Landlord and its designees are hereby granted access to the Premises at any time or times, upon reasonable notice (which may be written or oral) to perform such environmental assessment. In exercising its right, Landlord shall use its reasonable efforts to minimize disruption of operations at the Premises. Any costs associated with performance of the environmental assessment, including but not limited to the consultant fees and restoration of any property damaged by such environmental assessment, shall be paid by Landlord, Landlord unless such investigation discloses an Environmental Condition, in which case Tenant shall pay such costs. C. Tenant shall pay Tenant’s Proportion of all costs incurred by Landlord for consultant fees (including consultants' fees, costs and expenses) to review and comment on all reports, reports and other documentation and information required by Sections 30.5 32.5 and 30.6 concerning the work32.6, and to monitor the performance of any Environmental Remediation performed by Tenant.

Tests and Reports. A. (a) Upon written request of either party to this Leaseby Landlord, the other party Tenant shall provide: provide Landlord, at Tenant's expense, with (i) copies of all environmental reports and tests prepared or obtained by or for such first partyTenant or occupant of the Premises; (ii) copies of transportation and disposal contracts (and related manifests, schedules, reports reports, and other information) entered into or obtained by such first party Tenant with respect to any Hazardous MaterialsMaterial; (iii) copies of any permits issued to such first party Tenant under Environmental Laws with respect to the Premises; (iv) prior to filing, copies of any and all reports, notifications notifications, and other filings to be made by such rust party Tenant or occupant off the Premises to any federal, state state, or local environmental authorities or agencies agencies, and after filing, copies of such filings; and (v) any other applicable relevant documents and information with respect to environmental matters relating to the Premises. The parties to this Lease Tenant shall be obligated to provide such documentation only to the extent that the documentation is within their Tenant's possession or control. B. (b) In addition, if Landlord shall ever reasonably believe believes that there exists any breach by Tenant of has breached the terms of this Article XXXXXXII, or if any Environmental Claim is made or threatened, or if a default shall have occurred under the Lease, or at Landlord’s 's discretion, one (I1) time per Lease Year, Landlord shall have the right, but not the duty, to enter upon the Premises and conduct an environmental assessment of the Premises, including but not limited to a visual site inspection, review of records pertaining to the site site, and interviews of Tenant’s 's representatives or others concerning the site use and history and other matters. The investigation may also include reasonable subsurface or other invasive investigation of the Premises Premises, including but not limited to soil borings and sampling of site soil and ground or surface water for laboratory analysis, as may be recommended by the Landlord's consultant (discussed below) as part of its inspection of the Premises or based upon such other reasonable evidence of Environmental Conditions warranting such subsurface or other invasive investigation. Landlord shall have the right, but not the duty, to retain any independent professional consultant to conduct any such environmental assessment; provided, however, that Landlord agrees to limit, in the absence of an Environmental Claim or default under this Article XXXXXXII, the number of such environmental assessments to one (1) per Lease Year for the Lease Term. Tenant will cooperate with the Landlord’s 's consultant and will supply to the consultant, promptly upon request, any information reasonably requested by Landlord to facilitate the completion of the environmental assessment. Landlord and its designees are hereby granted access to the Premises at any time or times, upon reasonable notice (which may be written or oral) to perform such environmental assessment. In exercising its right, Landlord shall use its reasonable efforts to minimize disruption of operations at the Premises. Any costs associated with performance of the environmental assessment, including but not limited to the consultant fees and restoration of any property damaged by such environmental assessment, shall be paid by Landlord, Landlord unless such investigation discloses an Environmental Condition and Tenant caused said Environmental Condition, in which case Tenant shall pay such costs. C. (c) Tenant shall pay Tenant’s Proportion of all costs incurred by Landlord for consultant fees (including consultants' fees, costs and expenses) to review and comment on all reports, reports and other documentation and information required by Sections 30.5 32.5 and 30.6 concerning the work32.6., and to monitor the performance of any Environmental Remediation performed by Tenant, so long as the Environmental Condition was caused by Tenant.

Tests and Reports. A. Upon written request of either party to this Leaseby Landlord, the other party Tenant shall provide: provide Landlord, at Tenant's expense, with (i) copies of all environmental reports and tests prepared or obtained by or for such first partyTenant or occupant of the Premises; (ii) copies of transportation and disposal contracts (and related manifests, schedules, reports and other information) entered into or obtained by such first party Tenant with respect to any Hazardous Materials; (iii) copies of any permits issued to such first party Tenant under Environmental Laws with respect to the Premises; (iv) prior to filing, copies of any and all reports, notifications and other filings to be made by such rust party Tenant or occupant of the Premises to any federal, state or local environmental authorities or agencies and after filing, copies of such filings; and (v) any other applicable documents and information with respect to environmental matters relating to the Premises. The parties to this Lease Tenant shall be obligated to provide such documentation only to the extent within their Tenant's possession or control. B. In addition, if Landlord shall ever reasonably believe that there exists any breach by Tenant of the terms of this Article XXX, or if any Environmental Claim is made or threatened, or if a default shall have occurred under the Lease, or at Landlord’s 's discretion, one (I1) time per Lease Year, Landlord shall have the right, but not the duty, to enter upon the Premises and conduct an environmental assessment of the Premises, including but not limited to a visual site inspection, review of records pertaining to the site and interviews of Tenant’s 's representatives or others concerning the site use and history and other matters. In exercising its rights as described above, Landlord shall not unreasonably interfere with the activities of Tenant on the Premises. The investigation may also include reasonable subsurface or other invasive investigation of the Premises including but not limited to soil borings and sampling of site soil and ground or surface water for laboratory analysis, as may be recommended by the consultant as part of its inspection of the Premises or based upon such other reasonable evidence of Environmental Conditions warranting such subsurface or other invasive investigation. Landlord shall have the right, right but not the duty, to retain any independent professional consultant to conduct any such environmental environmental, assessment; provided, however, that Landlord agrees to limit, limit in the absence of an Environmental Claim or default under this Article XXX, XXX the number of such environmental assessments to one (1) per Lease Year for the Lease Term. Tenant will cooperate with the Landlord’s 's consultant and will supply to the consultant, promptly upon request, request any information reasonably requested by Landlord to facilitate the completion of the environmental assessment. Landlord and its designees are hereby granted access to the Premises at any time or times, upon reasonable notice (which may be written or oral) to perform such environmental assessment. In exercising its right, Landlord shall use its reasonable efforts to minimize disruption of operations at the Premises. Any costs associated with performance of the environmental assessment, including but not limited to the consultant fees and restoration of any property damaged by such environmental assessment, shall be paid by Landlord, unless such investigation discloses an Environmental ConditionCondition which is not a Pre-Existing Condition (unless same is exacerbated by Tenant), in which case Tenant shall pay such costs. C. Tenant shall pay Tenant’s Proportion of all costs incurred by Landlord for consultant fees to review and comment on all reports, and other documentation and information required by Sections 30.5 and 30.6 concerning the work, and to monitor the performance of any Environmental Remediation performed by Tenant.

Tests and Reports. A. Upon written request of either party to this Lease, the other party shall provide: (i) copies of all environmental reports and tests prepared or obtained by or for such first party; (ii) copies of transportation and disposal contracts (and related manifests, schedules, reports and other information) entered into or obtained by such first party with respect to any Hazardous Materials; (iii) copies of any permits issued to such first party under Environmental Laws with respect to the Premises; (iv) prior to filing, copies of any and all reports, notifications and other filings to be made by such rust first party to any federal, state or local environmental authorities or agencies and after filing, copies of such filings; and (v) any other applicable documents and information with respect to environmental matters relating to the Premises. The parties to this Lease shall be obligated to provide such documentation only to the extent within their possession or control. B. In addition, Landlord shall ever reasonably believe that there exists any breach by Tenant of the terms of this Article XXX, or if any Environmental Claim is made or threatened, or if a default shall have occurred under the Lease, or at Landlord’s 's discretion, one (I1) time per Lease Year, Landlord shall have the right, but not the duty, to enter upon the Premises and conduct an environmental assessment of the Premises, including but not limited to a visual site inspection, review of records pertaining to the site and interviews of Tenant’s 's representatives or others concerning the site use and history and other matters. The investigation may also include reasonable subsurface or other invasive investigation of the Premises including but not limited to soil borings and sampling of site soil and ground or surface water for laboratory analysis, as may be recommended by the consultant as part of its inspection of the Premises or based upon such other reasonable evidence of Environmental Conditions warranting such subsurface or other invasive investigation. Landlord shall have the right, but not the duty, to retain any independent professional consultant to conduct any such environmental assessment; provided, however, that Landlord agrees to limit, in the absence of an Environmental Claim or default under this Article XXX, the number of such environmental assessments to one (1) per Lease Year for the Lease Term. Tenant will cooperate with the Landlord’s 's consultant and will supply to the consultant, promptly upon request, any information reasonably requested by Landlord to facilitate the completion of the environmental assessment. Landlord and its designees are hereby granted access to the Premises at any time or times, upon reasonable notice (which may be written or oral) to perform such environmental assessment. , In exercising its right, Landlord shall use its reasonable efforts to minimize disruption of operations at the Premises. Any costs associated with performance of the environmental assessment, including but not limited to the consultant fees and restoration of any property damaged by such environmental assessment, shall be paid by Landlord, unless such investigation discloses an Environmental Condition, in which case Tenant shall pay such costs. C. Tenant shall pay Tenant’s 's Proportion of all costs incurred by Landlord for consultant fees to review and comment on all reports, and other documentation and information required by Sections 30.5 and 30.6 concerning the work, and to monitor the performance of any Environmental Remediation performed by Tenant.

Tests and Reports. A. Upon written request of either party to this Leaseby Landlord, the other party Tenant shall provide: provide Landlord, at Tenant's expense, with (i) copies of all environmental reports and tests prepared or obtained by or for such first partyTenant or occupant of the Premises; (ii) copies of transportation and disposal contracts (and related manifests, schedules, reports reports, and other information) entered into or obtained by such first party Tenant with respect to any Hazardous MaterialsMaterial; (iii) copies of any permits issued to such first party Tenant under Environmental Laws with respect to the Premises; (iv) prior to filing, copies of any and all reports, notifications notifications, and other filings to be made by such rust party Tenant or occupant of the Premises to any federal, state state, or local environmental authorities or agencies agencies, and after filing, copies of such filings; and (v) any other applicable relevant documents and information with respect to environmental matters relating to the PremisesPremises in Tenant's possession or available to Tenant. The parties to this Lease Tenant shall be obligated to provide such documentation only to the extent that the documentation is within their Tenant's possession or control. B. In addition, if Landlord shall ever reasonably believe believes that there exists any breach by Tenant of has breached the terms of this Article XXX, or if any Environmental Claim is made or threatened, or if a default shall have occurred under the Lease, or at Landlord’s 's discretion, one (I1) time per Lease Year, Landlord shall have the right, but not the duty, to enter upon the Premises and conduct an environmental assessment of the Premises, including but not limited to a visual site inspection, review of records pertaining to the site site, and interviews of Tenant’s 's representatives or others concerning the site use and history and other matters. The investigation may also include reasonable subsurface or other invasive investigation of the Premises Premises, including but not limited to soil borings and sampling of site soil and ground or surface water for laboratory analysis, as may be recommended by the Landlord's consultant (discussed below) as part of its inspection of the Premises or based upon such other reasonable evidence of Environmental Conditions warranting such subsurface or other invasive investigation. Landlord shall have the right, but not the duty, to retain any independent professional consultant to conduct any such environmental assessment; provided, however, that Landlord agrees to limit, in the absence of an Environmental Claim or default under this Article XXX, the number of such environmental assessments to one (1) per Lease Year for the Lease Term. Tenant will cooperate with the Landlord’s 's consultant and will supply to the consultant, promptly upon request, any information reasonably requested by Landlord to facilitate the completion of the environmental assessment. Landlord and its designees are hereby granted access to the Premises at any time or times, upon reasonable notice (which may be written or oral) to perform such environmental assessment. In exercising its right, Landlord shall use its reasonable efforts to minimize disruption of operations at the Premises. Any costs associated with performance of the environmental assessment, including but not limited to the consultant fees and restoration of any property damaged by such environmental assessment, shall be paid by Landlord, Landlord unless such investigation discloses an Environmental ConditionCondition caused by Tenant or any member of the Tenant Group, in which case Tenant shall pay such costs. C. In the event of an Environmental Condition caused by Tenant or any member of the Tenant Group, Tenant shall pay Tenant’s Proportion of all costs incurred by Landlord for consultant fees (including consultants' fees, costs and expenses) to review and comment on all reports, reports and other documentation and information required by Sections 30.5 and 30.6 concerning the work30.6, and to monitor the performance of any Environmental Remediation performed by Tenant.

Tests and Reports. A. Upon reasonable written request of either party to this Leaseby Landlord, the other party Tenant shall provide: provide Landlord, at Tenant's expense, with (i) copies of all environmental reports and tests prepared or obtained by or for such first partyTenant or occupant of the Premises; (ii) copies of transportation and disposal contracts (and related manifests, schedules, reports and other information) entered into or obtained by such first party Tenant with respect to any Hazardous Materials; (iii) copies of any permits issued to such first party Tenant under Environmental Laws with respect to the Premises; (iv) prior to filing, copies of any and all reports, notifications and other filings to be made by such rust party Tenant or occupant of the Premises to any federal, state or local environmental authorities or agencies and after filing, copies of such filings; and (v) any other applicable documents and information with respect to environmental matters relating to the Premises. The parties to this Lease Tenant shall be obligated to provide such documentation only to the extent within their Tenant's reasonable possession or control. B. In addition, Landlord shall ever reasonably believe that there exists any breach by Tenant of the terms of this Article XXX, or if any Environmental Claim is made or threatened, or if a default shall have occurred under the Lease, or at Landlord’s 's discretion, one (I1) time per Lease Year, Landlord shall have the right, but not the duty, to enter upon the Premises and conduct an environmental assessment of the Premises, including but not limited to a visual site inspection, review of records pertaining to the site and interviews of Tenant’s 's representatives or others concerning the site use and history and other matters. Tenant shall have the right to have one of Tenant's agents or employees escort Landlord during any entry hereunder. The investigation may also include reasonable subsurface or other invasive investigation of the Premises including but not limited to soil borings and sampling of site soil and ground or surface water for laboratory analysis, as may be recommended by the consultant as part of its inspection of the Premises or based upon such other reasonable evidence of Environmental Conditions warranting such subsurface or other invasive investigation. Landlord shall have the right, but not the duty, to retain any independent professional consultant to conduct any such environmental assessment; provided, however, that Landlord agrees to limit, in the absence of an Environmental Claim or default under this Article XXX, the number of such environmental assessments to one (1) per Lease Year for the Lease Term. Tenant will cooperate with the Landlord’s 's consultant and will supply to the consultant, promptly upon request, any information reasonably requested by Landlord to facilitate the completion of the environmental assessment. Landlord and its designees are hereby granted access to the Premises at any time or times, upon reasonable notice (which may be written or oral) to perform such environmental assessment. In exercising its right, Landlord shall use its reasonable efforts to minimize disruption of operations at the Premises. Any costs associated with performance of the environmental assessment, including but not limited to the consultant fees and restoration of any property damaged by such environmental assessment, shall be paid by Landlord, unless such investigation discloses an Environmental Condition, in which case Tenant shall pay such costs. C. Tenant shall pay Tenant’s Proportion of all costs incurred by Landlord for consultant fees to review and comment on all reports, and other documentation and information required by Sections 30.5 and 30.6 concerning the work, and to monitor the performance of any Environmental Remediation performed by Tenant.

Tests and Reports. A. Upon written request of either party to this Leaseby Landlord, the other party Tenant shall provide: provide Landlord, at Tenant's expense, with (i) copies of all environmental reports and tests prepared or obtained by or for such first partyTenant or occupant of the Premises; (ii) copies of transportation and disposal contracts (and related manifests, schedules, reports reports, and other information) entered into or obtained by such first party Tenant with respect to any Hazardous MaterialsMaterial; (iii) copies of any permits issued to such first party Tenant under Environmental Laws with respect to the Premises; (iv) prior to filing, copies of any and all reports, notifications notifications, and other filings to be made by such rust party Tenant or occupant of the Premises to any federal, state state, or local environmental authorities or agencies agencies, and after filing, copies of such filings; and (v) any other applicable relevant documents and information with respect to environmental matters relating to the Premises. The parties to this Lease Tenant shall be obligated to provide such documentation only to the extent that the documentation is within their Tenant's possession or control. B. In addition, if Landlord shall ever reasonably believe believes that there exists any breach by Tenant of has breached the terms of this Article XXXXXXII, or if any Environmental Claim is made or threatened, or if a default shall have occurred under the Lease, or at Landlord’s 's discretion, one (I1) time per Lease Year, . Landlord shall have the right, but not the duty, to enter upon the Premises and conduct an environmental assessment of the Premises, including but not limited to a visual site inspection, review of records pertaining to the site site, and interviews of Tenant’s 's representatives or others concerning the site use and history and other matters. The investigation may also include reasonable subsurface or other invasive investigation of the Premises Premises, including but not limited to soil borings and sampling of site soil and ground or surface water for laboratory analysis, as may be recommended by the Landlord's consultant (discussed below) as part of its inspection of the Premises or based upon such other reasonable evidence of Environmental Conditions warranting such subsurface or other invasive investigation. Landlord shall have the right, but not the duty, to retain any independent professional consultant to conduct any such environmental assessment; provided, however, that Landlord agrees to limit, in the absence of an Environmental Claim or default under this Article XXXXXXII, the number of such environmental assessments to one (1) per Lease Year for the Lease Term. Tenant will cooperate with the Landlord’s 's consultant and will supply to the consultant, promptly upon request, any information reasonably requested by Landlord to facilitate the completion of the environmental assessment. Landlord and its designees are hereby granted access to the Premises at any time or times, upon reasonable notice (which may be written or oral) to perform such environmental assessment. In exercising its right, Landlord shall use its reasonable efforts to minimize disruption of operations at the Premises. Any costs associated with performance of the environmental assessment, including but not limited to the consultant fees and restoration of any property damaged by such environmental assessment, shall be paid by Landlord, Landlord unless such investigation discloses an Environmental Condition, in which case Tenant shall pay such costs. C. Tenant shall pay Tenant’s Proportion of all reasonable costs incurred by Landlord for consultant fees (including consultants' fees, costs and expenses) to review and comment on all reports, reports and other documentation and information required by Sections 30.5 32.5 and 30.6 concerning the work32.6, and to monitor the performance of any Environmental Remediation performed by Tenant.