Common use of Access and Inspection Clause in Contracts

Access and Inspection. Landlord shall have the right, subject to not materially disturbing Tenant's peaceful use and occupancy of the Premises and the Common Areas and subject to reasonable advance notice, except in the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to (i) enter upon and inspect the Premises, (ii) conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, or Landlord's agent, may perform any testing upon or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testing.

Access and Inspection. Notwithstanding anything to the contrary in this Lease and at no cost to Tenant, Landlord and its agents may enter the Premises upon reasonable advance Notice, without cost for entry, during regular hours of operation of the Premises, solely to: (a) ascertain whether Tenant is complying with this Lease; (b) cure Tenant’s Defaults as permitted by this Lease; (c) perform such tests, borings, or other analyses as Landlord determines are necessary or appropriate relating to possible (non)compliance with Law or possible Hazardous Substance Discharge; provided, however, no invasive testing shall be conducted by Landlord without ▇▇▇▇▇▇’s prior written consent, not to be unreasonably withheld. In entering the Premises, Landlord and its agents shall not unreasonably interfere with Tenant’s Permitted Use of the Premises and shall comply with Tenant’s reasonable instructions and such entry shall not constitute an actual or constructive eviction of Tenant from the Premises, nor shall it entitle Tenant to any offset, deduction, or abatement of Rent. Landlord may enter the Premises without Notice to Tenant in the event of an emergency. All Landlord representatives or agents who enter the Premises shall identify themselves at the main entrance to the Premises and shall always be accompanied by a Tenant representative while on the Premises. Tenant shall make a Tenant representative available for this purpose during all regular hours of operation for the Premises upon reasonable advance Notice from Landlord. If in Landlord’s reasonable judgment it is necessary, Landlord shall have the further right, subject to not materially disturbing Tenant's peaceful use and occupancy of the Premises and the Common Areas and subject to reasonable advance notice, except in the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to (i) enter upon and inspect the Premises, (ii) conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect at its own cost, to retain a violation of Environmental Laws, Landlord may obtain an environmental site assessment consultant or environmental audit report prepared by an environmental engineering firm acceptable consultants to Landlord to assess, with a reasonable degree of certainty, inspect the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused Premises regarding compliance by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such auditwith this Lease. Tenant will reasonably cooperate with acknowledges and agrees that: (i) all such Landlord inspections are for the sole purpose of protecting Landlord, at no cost or expense to Tenant, ’s rights under this Lease; (ii) are made solely for Landlord’s benefit; (iii) Landlord’s inspections may be superficial and allow general in nature; (iv) are for the purposes of informing Landlord and Landlord's representatives access, upon ten (10) days notice (except in of the case of an emergency), to any and all parts conformity of the Premises with this Lease; and (v) Tenant shall not be entitled to the records of Tenant with respect to the Premises for environmental inspection purposes at rely on any time. In connection therewithsuch inspection(s) as constituting Landlord’s approval, Tenant hereby agrees that Landlordsatisfaction, or Landlord's agentacceptance of any materials or workmanship, may perform any testing upon or conformity of the Premises that Landlord's deems reasonably necessary for the evaluation with this Lease or otherwise. Tenant agrees to make its own regular inspections of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant to determine the conformity of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testingthis Lease.

Access and Inspection. Landlord shall have the right, subject to not materially disturbing Tenant's peaceful use and occupancy of the Premises and the Common Areas and subject to reasonable advance notice, except in the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to (i) enter upon and inspect the Premises, (ii) conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, or Landlord's agent, may perform any testing upon or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testing.

Access and Inspection. Landlord (a) Between the Effective Date and the Closing Date, Buyer and Buyer’s agents, employees, contractors, representatives and other designees (hereinafter collectively called “Buyer’s Designees”) shall have the rightright to enter the Property for the purposes of inspecting the Property, subject conducting surveys and conducting any other investigations, examinations, tests and inspections as Buyer may reasonably require to not materially disturbing Tenant's peaceful use and occupancy assess the condition of the Premises and the Common Areas and subject to reasonable advance noticeProperty; provided, except in the instance of emergencieshowever, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to that (i) enter upon and inspect any activities by or on behalf of Buyer, including, without limitation, the Premisesentry by Buyer or Buyer’s Designees onto the Property, or the other activities of Buyer or Buyer’s Designees with respect to the Property (hereinafter called “Buyer’s Activities”) shall not damage the Property in any manner (ii) conduct tests and investigations and take samples in the event the Property is altered or disturbed in any manner in connection with any of Buyer’s Activities, Buyer shall immediately return the Property to determine whether Tenant is in compliance with the provisions of this articlecondition existing prior to Buyer’s Activities, and (iii) request lists of Buyer shall indemnify, defend and hold Seller harmless from and against any and all Hazardous Substances usedclaims, stored or located on the Premises; the cost of all such inspectionsliabilities, tests damages, losses, costs and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence expenses of any Hazardous Substances kind or nature whatsoever (including, without limitation, attorneys’ fees and the potential costs expenses and court costs) suffered, incurred or sustained by Seller as a result of, by reason of, or in connection with abatementany of Buyer’s Activities. Notwithstanding any provision of this Agreement to the contrary, clean-up, Buyer shall not have the right to undertake any environmental studies without the prior written consent of Seller. (b) Buyer acknowledges that Seller may deliver to Buyer certain documents and information in Seller’s possession with regard to the Property (hereinafter called the “Due Diligence Materials”). The Due Diligence Materials will be provided to Buyer without any representation or removal warranty of any Hazardous Substances found onkind or nature whatsoever and are merely provided to Buyer for Buyer’s informational purposes. Until Closing, under, at, or without the PremisesBuyer and Buyer’s Designees shall maintain all Due Diligence Materials as confidential information. If such audit reveals a violation the purchase and sale of Environmental Laws caused by Tenant or Tenant's agentsthe Property is not consummated in accordance with this Agreement, regardless of the reason or the presence of Hazardous Substances not in the Premises upon delivery of possession party at fault, Buyer shall immediately re-deliver to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and Seller all parts copies of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewithDue Diligence Materials, Tenant hereby agrees that Landlord, whether such copies were actually delivered by Seller or Landlord's agent, may perform any testing upon are duplicate copies made by Buyer or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testingBuyer’s Designees.

Access and Inspection. Landlord shall retain duplicate keys to all doors of the Premises. Tenant shall provide Landlord with new keys should Tenant receive Landlord's consent to change the locks. Landlord shall have the right, subject right to not materially disturbing Tenant's peaceful use and occupancy of re-enter the Premises at reasonable hours and the Common Areas and subject to upon reasonable advance noticeprior notice (or, except in the instance event of emergencies, but not an emergency or at any time that an event of default on the obligationpart of Tenant is outstanding, at all times any hour and without any notice) for any reasonable purpose, including, without limitation, the following purposes: (a) to exhibit the same to present or prospective mortgagees, lessors or purchasers during BLUE LAKE STANDARD LEASE the term Term of this Lease and to prospective tenants during the last year of the Term; (ib) enter upon and to inspect the Premises, ; (iic) conduct tests and investigations and take samples to determine whether confirm that Tenant is in compliance complying with all of Tenant's covenants and obligations under this Lease; (d) to clean or make repairs required of Landlord under the provisions terms of this article, and Lease; (iiie) request lists of all Hazardous Substances used, stored or located on to make repairs to areas adjoining the Premises; the cost of all such inspections, tests and investigations (f) to be borne by Landlord, unless, however, said inspections, tests repair and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay service utility lines or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts other components of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, or Landlord's agent, may perform any testing upon or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coringBuilding. Landlord shall repair not be liable to Tenant for the exercise of Landlord's rights under this Section, and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize hereby waives any disruption claims for damages for any injury, inconvenience or interference with Tenant's operations in business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. In connection with any such access and inspection, Landlord shall use reasonable efforts (i) not to interfere with Tenant's use or possession of the Premises in connection a material and adverse manner; (ii) not to materially and adversely detract from the appearance of the Premises; and (iii) to protect Tenant and Tenant's agents, employees, contractors and invitees, together with Tenant's equipment and other personal property from injury, damage or destruction. Notwithstanding anything contained in this Section 16 to the contrary, Landlord shall not be entitled to any keys or security codes to any areas of the Premises which Tenant reasonably deems to be sensitive. Upon reasonable prior written notice, Tenant will provide Landlord, and Landlord's employees, agents, contractors, invitees and licensees with reasonable access to all areas of the Premises for which Landlord does not have keys or security codes provided that Tenant shall have the right to accompany Landlord during any entry into such inspection and/or testingareas for the purposes set forth in this Section 16.

Access and Inspection. Landlord shall To the extent they have the right, subject legal right to not materially disturbing Tenant's peaceful use and occupancy of the Premises and the Common Areas do so and subject to the limitations set forth below in this Section 5, Sellers shall afford to Purchaser and its authorized representatives (during the period from the date hereof until the Closing and during normal business hours), reasonable access to the Subject Leases, the Subject Lease Equipment, the Subject Easements, and the Subject Pipeline Equipment and to the following types of data related to the Subject Interests in the possession of any of Sellers: accounting, title, contract, corporate and legal materials and operating data and information available as of the date hereof and that becomes available to any of Sellers at any time prior to the Closing. In addition, Sellers shall furnish to Purchaser such other information as Purchaser may reasonably request. Purchaser shall be authorized, at its expense (and using its own copying equipment), to make such copies of such data as it reasonably deems relevant; provided, however, to the extent that geophysical data pertaining to the Subject Leases held by any of Sellers is subject to restrictions imposed by licenses or other agreements, such restrictions shall govern and control the extent to which Purchaser shall have access thereto. All visits to any of Sellers' facilities by Purchaser or on Purchaser's behalf shall be scheduled by mutual consent of the parties hereto subject to Purchaser's providing Sellers with reasonable advance notice, except in notice of the instance locations that Purchaser wishes to visit and the proposed times. Any of emergencies, but not Sellers may accompany Purchaser and its representatives during their site visits. Entry onto the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to Subject Leases shall be (i) enter upon subject to valid third-party restrictions, if any, existing under the terms of any of the Subject Leases, the Subject Easements or the Subject Contracts, and inspect the Premisesto any Seller's industrial safety, hygiene, and drug and alcohol requirements and (ii) conduct tests at Purchaser's sole risk and investigations and take samples to determine whether Tenant is in compliance with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigationsexpense. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, or Landlord's agent, may perform any testing upon or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord Sellers shall use reasonable effort efforts to minimize identify for Purchaser, upon request, any disruption or interference with Tenant's operations third-party restrictions to which Purchaser may be subject in exercising its rights to enter upon the Premises lands covered by any of the Subject Leases. Purchaser may conduct, prior to the Closing and at its cost, such further review of data and information pertaining to the Subject Interests, and title examination and other examinations and investigations in connection with such inspection and/or testingrespect of the Subject Interests, as Purchaser desires.

Access and Inspection. Landlord shall have (a) Prior to the rightEffective Date, subject to not materially disturbing Tenant's peaceful use OP and occupancy of the Premises and the Common Areas and subject to reasonable advance notice, except in the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to (i) enter upon and inspect the Premises, (ii) conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, employees and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts of the Premises and contractors have been afforded full access to the records Property for the purpose of Tenant making such investigations as OP deemed prudent with respect to the Premises for environmental inspection purposes at physical condition of the Property. OP has agreed to hold the Contributor harmless from and against any timeloss, cost, damage, claim or expense suffered by the Contributor or the Property and caused by OP's investigations (the foregoing obligation surviving any termination of this Agreement). In connection therewithno event shall OP make any intrusive physical testing (environmental, Tenant hereby agrees structural or otherwise) at the Property (such as soil borings or the like) without Contributor's prior consent. Contributor acknowledges that Landlord, or Landlord's agent, may perform any testing upon or OP has restored the Property to its condition immediately prior to such investigations. At the request of the Premises that Landlord's deems reasonably necessary Contributor, OP shall promptly deliver to the Contributor true, accurate and complete copies of any written reports relating to the Property prepared for the evaluation or on behalf of environmental risks, costs, OP by any third party. OP shall keep all information or procedures, including soils data received or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises discovered in connection with any of the inspections, reviews or examinations strictly confidential; provided; however, that OP shall be entitled to disclose such inspection and/or testinginformation to OP's attorneys, accountants and prospective debt and equity financing sources who reasonably need to be informed in connection with OP's determinations hereunder (and who shall, in turn, be required to keep such information confidential). (b) Prior to the Effective Date, OP and its agents have been afforded full opportunity by Contributor to examine all operating books and records that relate to the Property, including all specifications and as-built drawings (to the extent they are in Contributor's possession), all building permits, certificates of occupancy, soil reports, engineers' reports and studies, leases, service contracts and similar information relating to the Property or its management, operation, maintenance or use, and all warranties and operating manuals that Contributor may have from vendors, contractors or servicing agents with respect to the physical condition of the Property or any portion thereof or the equipment located thereon. (c) Based upon the foregoing, as of the Effective Date, OP has approved the matters referred to in subparagraphs (a) and (b) above.

Access and Inspection. Landlord (a) Pending the Completion, and subject always to such restrictions and/or conditions regarded by the Seller and/or Local Sellers as reasonably necessary to safeguard their commercially sensitive information, the Seller shall have afford, and shall procure and ensure that the rightLocal Sellers shall afford, reasonable access to the Purchaser, subject to not materially disturbing Tenant's peaceful use Clause 8, at such time(s) and occupancy place(s) as the Purchaser may reasonably direct, all information in the possession or under the control of the Premises and Seller and/or any of the Common Areas and subject to reasonable advance noticeLocal Sellers, except in which the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to (i) enter upon and inspect the Premises, (ii) conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, Purchaser may from time to time, if Landlord shall time reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable require prior to Landlord the Completion in relation to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances business and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts affairs of the Premises and Group Companies for the purpose of assisting the Purchaser to conduct the records of Tenant due diligence investigation with respect to the Premises Group Companies. (b) Pending Completion, the Seller shall afford, and shall procure and ensure that the Local Sellers shall afford, reasonable access to the Purchaser, subject to Clause 8, at such time(s) and place(s) as the Purchaser may reasonably direct for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, or Landlord's agent, may perform any testing upon or the Purchaser to carry out an inventory stock check of the Premises spare parts, leased assets and inventory of the Group Companies, including without limitation demand schedules planned by the Seller and a list of all the raw materials required (from the Seller or members of the Seller’s Group or third parties) for operations of the Group Companies post-Completion (“Assets Inspection”). (c) The Purchaser shall procure that Landlord's deems there is made available to the Seller, subject to Clause 8, all information in the possession and under the control of the Purchaser which the Seller may from time to time reasonably necessary require after Completion in relation to the business and affairs of the Group Companies solely for the evaluation purpose of environmental riskspreparing financial statements and/or tax returns or filings for the financial year ending March 31, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testing2014.

Access and Inspection. Landlord In addition to any other rights of entry or access to the Premises pursuant to this Lease and applicable laws, Landlord, the holders of any Mortgages (if accompanied by Landlord) and their respective agents and representatives shall have the right, subject access to not materially disturbing Tenant's peaceful use and occupancy of the Premises and the Common Areas and subject to reasonable advance notice, except in the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to (i) enter upon and inspect the Premises, (ii) conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts of the Premises and to the books and records of Tenant (and any occupant of the Premises claiming by, through or Tenant) relating to Hazardous Materials upon seven (7) days prior written notice to Tenant, which notice sets forth the applicable purpose for such access as described below, or without notice in the event of an emergency, for the purpose of ascertaining the nature of the activities being conducted thereon and to determine the type, kind and quantity of all products, materials and substances brought onto the Premises or made or produced thereon, provided, however, all such parties (other than holders of Mortgages) shall execute and deliver to Tenant a Confidentiality Undertaking as a condition to such access (except that such Confidentiality Undertaking may be delivered as soon as reasonably practicable thereafter in the event of an emergency). Landlord, the holders of any Mortgages (if accompanied by Landlord) and their respective agents and representatives shall have the right to take samples in quantity sufficient for scientific analysis of all products, materials and substances present on the Premises, including, but not limited to, samples of products, materials or substances brought onto or made or produced on the Premises by Tenant or an occupant claiming by, through or under Tenant or otherwise present on the Premises. Further, notwithstanding any provision of this Lease or applicable statutes or judicial decisions to the contrary, with respect to any assignment, subletting, grant of license or concession or any other permission to use the Premises for environmental inspection purposes at by any time. In connection therewithperson other than Tenant, Tenant hereby agrees that Landlord, or Landlord shall have the right to withhold Landlord's agentconsent thereto if, may in Landlord's sole and unfettered judgment, the assignee, subtenant, licensee, concessionaire or such other person is not capable, either financially or operationally, of performing or is not sufficiently qualified to perform any testing upon in accordance with the requirements of this Article 27. Any assignment, sublease, license or of other permission to use the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. from which Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws withholds its consent as provided in which case all such expenses this Section 27.5 shall be that void and of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testingno further force and effect.

Access and Inspection. Landlord shall have in its capacity as the rightowner of the Fee Estate and its agents, subject representatives, and designees may enter the Premises upon reasonable notice, which the parties agree can be one Business Day’s notice by email or phone, and accompanied by a representative of Tenant (which Tenant agrees to not materially disturbing make available after reasonable notice), during regular business hours, solely to: (a) ascertain whether Tenant is complying with this Lease; (b) cure Tenant's peaceful use and occupancy of ’s Defaults (to the extent permitted by this Lease); (c) inspect the Premises and the Common Areas any Construction; (d) perform such tests, borings, and subject to reasonable advance notice, except in the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease other analyses as Landlord determines may be reasonably necessary or appropriate relating to (inon)compliance with any Law or possible Hazardous Substances Discharge; or (e) enter upon and inspect show the Premises to a prospective transferee or Fee Mortgagee. In entering the Premises, (ii) conduct tests Landlord and investigations and take samples to determine whether Tenant is in compliance its designees shall not unreasonably interfere with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located operations on the Premises; , shall not be entitled to enter secured areas without permission from and accompaniment by the cost of all such inspectionsoccupant, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the shall comply with Tenant’s reasonable instructions. Tenant shall promptly either pay not be in default of the obligations contained in this Section 22.2 until it has received Minor Default Notice (which includes, in all capital and bold letters, in a size no smaller than the largest print on the Minor Default Notice, the following legend: " FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure that is afforded Tenant for Non-Monetary Defaults under this Lease and thereafter Landlord's sole remedies for breach of this obligation shall be limited to specific performance and/or payment of the Delay Fee, and Tenant waives all defenses, except defense of performance, in any action brought by Landlord to enforce its rights under this Section. Notwithstanding the foregoing, if Tenant breaches this obligation more than 2 times in any Lease Year, such additional breach shall be a Non- Monetary Default with unrestricted remedies. Nothing in this Section shall be construed to limit any access or reimburse require notice by representatives, agents, and designees of the County or Landlord in its municipal capacity for inspection of the work that is subject to the Grant Agreement, CLCP or otherwise. Tenant shall Indemnify Landlord for all inspectionsany lack of access granted to such representatives, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, and designees for any resulting impairment or infraction under the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord Grant Agreement or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost CLCP or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, or Landlord's agent, may perform any testing upon or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testingApproval.

Access and Inspection. Landlord Seller shall have provide, and shall use its best efforts (including, without limitation, taking action in the rightBankruptcy Court) to cause all warehousemen, subject carriers, bailees and agents in possession of any Existing Machine and/or Parts and Supplies to not materially disturbing Tenant's peaceful use provide, full and occupancy complete access to Purchasers and their representatives at all reasonable times in order to permit such representatives to inspect each Existing Machine and/or Parts and Supplies, to affix a marking to such Existing Machine and/or Parts and Supplies(or its packaging or crating) stating that it has been so inspected and the results of such inspection, and to palletize, package and/or wrap such Existing Machine and/or Parts and Supplies in preparation of the Premises removal of such Existing Machine and/or Parts and Supplies from its Existing Location. Existing Machines and/or Parts and Supplies which are not located in public, full service storage facilities or which are located in any facility where the Common Areas and subject to reasonable advance notice, except Purchasers may not readily perform such tests as they determine in the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease to (i) enter upon and inspect the Premises, (ii) conduct tests and investigations and take samples their discretion are appropriate to determine their condition may be moved to other locations for such testing at Purchasers' expense. Seller shall not remove, alter or deface any marking so affixed to an Existing Machine and/or Parts and Supplies by Purchasers or their representatives nor de-palletize, unpack or unwrap any Existing Machine and/or Parts and Supplies, whether Tenant such Existing Machine and/or Parts and Supplies currently is in compliance with the provisions of this articlepalletized, packaged and/or wrapped, or is prepared for removal by Purchasers. In addition, Seller shall permit Purchasers and (iii) request lists their representatives to inspect, review and make copies of all Hazardous Substances usedfiles, stored books and records in Seller's possession pertaining or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts of the Premises and relating to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, or Landlord's agent, may perform any testing upon or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair Existing Machines and/or Parts and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testingSupplies.

Access and Inspection. Landlord shall have in its capacity as the rightowner of the Fee Estate and its agents, subject representatives, and designees may enter the Premises upon reasonable notice, which the parties agree can be one Business Day’s notice by email or phone, and accompanied by a representative of Tenant (which Tenant agrees to not materially disturbing make available after reasonable notice), during regular business hours, solely to: (a) ascertain whether Tenant is complying with this Lease; (b) cure Tenant's peaceful use and occupancy of ’s Defaults (to the extent permitted by this Lease); (c) inspect the Premises and the Common Areas any Construction; (d) perform such tests, borings, and subject to reasonable advance notice, except in the instance of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term of this Lease other analyses as Landlord determines may be reasonably necessary or appropriate relating to (inon)compliance with any Law or possible Hazardous Substances Discharge; or (e) enter upon and inspect show the Premises to a prospective transferee or Fee Mortgagee. In entering the Premises, (ii) conduct tests Landlord and investigations and take samples to determine whether Tenant is in compliance its designees shall not unreasonably interfere with the provisions of this article, and (iii) request lists of all Hazardous Substances used, stored or located operations on the Premises; , shall not be entitled to enter secured areas without permission from and accompaniment by the cost of all such inspectionsoccupant, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the shall comply with Tenant’s reasonable instructions. Tenant shall promptly either pay not be in default of the obligations contained in this Section 22.2 until it has received Minor Default Notice (which includes, in all capital and bold letters, in a size no smaller than the largest print on the Minor Default Notice, the following legend: " FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure that is afforded Tenant for Nonmonetary Defaults under this Lease and thereafter Landlord's sole remedies for breach of this obligation shall be limited to specific performance and/or payment of the Delay Fee, and Tenant waives all defenses, except defense of performance, in any action brought by Landlord to enforce its rights under this Section. Notwithstanding the foregoing, if Tenant breaches this obligation more than 2 times in any Lease Year, such additional breach shall be a Nonmonetary Default with unrestricted remedies. Nothing in this Section shall be construed to limit any access or reimburse require notice by representatives, agents, and designees of the County or Landlord in its municipal capacity for inspection of the work that is subject to the Grant Agreement, CLCP or otherwise. Tenant shall Indemnify Landlord for all inspectionsany lack of access granted to such representatives, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, and designees for any resulting impairment or infraction under the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenant, and such was not caused by Landlord Grant Agreement or its agents, the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost CLCP or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, or Landlord's agent, may perform any testing upon or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testingApproval.

Access and Inspection. Landlord DELIVERY OF DOCUMENTS AND INFORMATION BY SELLER: EXAMINATION BE BUYER. (a) Between the date of this Agreement and the Closing Date, Buyer and Buyer's agents and designees shall have the right to enter the Property for the purposes of inspecting the Property, conducting soil tests, and making surveys, mechanical and structural engineering studies, and any other investigations and inspections as Buyer may reasonably require to assess the condition of the Property; provided, however, that Buyer (i) shall give Seller reasonable prior notice of such inspections and investigations, including the name of Buyer's consultant and a description of the tests and inspections to be performed on the Property, and (ii) Buyer shall use its best efforts to minimize any interference with the operation of the Property; and provided further, however, that Buyer shall indemnify and hold Seller harmless from and against any and all claims, demands, losses, damages and liabilities (including, but not limited to injury to person or damage to property) resulting from the activities of Buyer or Buyer's agents or designees on the Property. Seller shall have the right to disapprove of Buyer's consultant and/or the proposed tests and inspection on reasonable grounds (e.g., overly invasive testing means), in which case Buyer may propose alternative consultants and/or testing methods or terminate this Agreement. The provisions of this paragraph shall survive the Closing or earlier termination of this Agreement. (b) On or before the fifteenth (15th) day after the date of this Agreement, Seller shall deliver to Buyer, if not previously delivered, or make available to Buyer for examination or copying by Buyer, at the address for Buyer set forth below Buyer's execution of this Agreement, the following documents and information with respect to the Property: (i) All surveys, plans, specifications and engineering data relating to the Property, and reports such as soils reports and environmental audits, which are in Seller's possession; (ii) All real property and other ad valorem tax bills regarding the Property for the two-year period preceding the date of this Agreement; (iii) A recent title commitment issued by Holder, together with legible copies of all instruments referenced therein; and (iv) Copies of the leases (the "LEASES") for the tenants of the Property listed on EXHIBIT "B". (c) Buyer shall have until the sixtieth (60th) day after the date of this Agreement (the "INSPECTION DEADLINE"), in which to examine and investigate the Property, and to determine whether the Property is suitable and satisfactory to Buyer. In the event that Buyer shall determine, in Buyer's sole and absolute judgment and discretion, that the Property is in any manner unsuitable or unsatisfactory to Buyer, Buyer shall have the right, subject at Buyer's option, to not materially disturbing Tenant's peaceful use and occupancy terminate this Agreement by giving written notice thereof to Seller on or before Inspection Deadline, in which event One Hundred Dollars ($100.00) of the Premises ▇▇▇▇▇▇▇ Money shall be delivered to Seller as consideration for Seller's execution of and entry into this Agreement, the Common Areas balance of the ▇▇▇▇▇▇▇ Money shall be refunded to Buyer immediately upon request, all rights and subject obligations of the parties under this Agreement shall expire, and this Agreement shall become null and void. Seller acknowledges that Buyer will expend time, money and other resources in connection with the examination and investigation of the Property hereinabove described, and that, notwithstanding the fact that Buyer may terminate this Agreement pursuant to reasonable advance noticethis paragraph, except such time, money and other resources expended, together with the payment of the portion of the ▇▇▇▇▇▇▇ Money hereinabove described to be paid to Seller in the instance event of emergencies, but not the obligation, at all times during BLUE LAKE STANDARD LEASE the term a termination of this Lease Agreement, constitute good, valuable, sufficient and adequate consideration for Seller's execution of and entry into this Agreement. It is further understood and agreed, and Buyer hereby acknowledges that the Inspection Deadline is more than ample time to (i) enter upon review and inspect the Premisescondition of the Property and that if, (ii) conduct tests and investigations and take samples to determine whether Tenant for any reason, it is in compliance dissatisfied with the provisions condition of the Property or with the information provided or available to Buyer within the Inspection Deadline, it has the unrestricted right to terminate this articleAgreement. Accordingly, in the event Buyer does not terminate this Agreement, and (iii) request lists proceeds beyond the expiration of the Inspection Deadline, it is understood and agreed that the Property is being sold "as is", "where is" and "with all Hazardous Substances used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Landlord, unless, however, said inspections, tests and investigations reflect a violation of Environmental Laws by Tenant in which instance the Tenant shall promptly either pay or reimburse Landlord for all inspections, tests and investigations. Promptly upon the written request of Landlord, from time to time, if Landlord shall reasonably suspect a violation of Environmental Laws, Landlord may obtain an environmental site assessment or environmental audit report prepared by an environmental engineering firm acceptable to Landlord to assess, with a reasonable degree of certainty, the presence or absence of any Hazardous Substances and the potential costs in connection with abatement, clean-up, or removal of any Hazardous Substances found on, under, at, or without the Premises. If such audit reveals a violation of Environmental Laws caused by Tenant or Tenant's agents, or the presence of Hazardous Substances not in the Premises upon delivery of possession to Tenantfaults", and such was not caused by Landlord Seller makes no representation or its agents, warranty whatsoever as to the Tenant shall pay the cost of such audit. Tenant will reasonably cooperate with Landlord, at no cost condition or expense to Tenant, and allow Landlord and Landlord's representatives access, upon ten (10) days notice (except in the case of an emergency), to any and all parts value of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any time. In connection therewith, Tenant hereby agrees that Landlord, Property or Landlord's agent, may perform any testing upon or of the Premises that Landlord's deems reasonably necessary for the evaluation of environmental risks, costs, or procedures, including soils or other sampling or coring. Landlord shall repair and restore the Premises damaged during such testing unless testing reveals a violation by Tenant of Environmental Laws otherwise except as set forth in which case all such expenses shall be that of Tenant. Landlord shall use reasonable effort to minimize any disruption or interference with Tenant's operations in the Premises in connection with such inspection and/or testingParagraph 11.