HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes specified above, this Lease shall terminate as of the date specified in Lessor's notice el termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a).
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (iI) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in In which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of 'such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt the.receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or or,assurance thereof within the limes times specified above, this Lease shall terminate as of the date date, specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months.
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor therefore (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or of $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent extend as provided in Paragraph 9.6(a)9.8(a) for a period of not to exceed twelve months.
Appears in 1 contract
Sources: Sublease Agreement (Genoptix Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if it the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In , in such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months.
Appears in 1 contract
Sources: Lease Agreement (Phoenix International Life Sciences Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. occurs (other than a Hazardous Substance Condition which existed at or prior to the Term Commencement Date which shall be Landlord’s sole responsibility), unless Lessee Tenant is legally responsible therefor (in which case Lessee Tenant shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's Landlord’s rights under Paragraph 13Section 20), Lessor Landlord may at Lessor's Landlord’s option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's Landlord’s expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greaterone year’s worth of Annual Rent, give written notice to Lessee Tenant within thirly thirty (30) days after receipt by Lessor Landlord of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's Landlord’s desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor Landlord elects to give such notice of Lessor's Landlord’s intention to terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of Lessee's Tenant’s commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's Tenant’s expense and without reimbursement from Lessor Landlord except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000Annual Rent, whichever is greaterwhich shall be paid by Landlord. Lessee Tenant shall provide Lessor Landlord with the funds required of Lessee Tenant or satisfactory assurance thereof within thirty (30) days following Lessee's Tenant’s said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor Landlord shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's Landlord’s notice el of termination. If a Hazardous Substance Condition occurs for which Lessee Tenant is not legally responsible, there shall be abatement of Lessee's Tenant’s obligations under this Lease to the same extent as provided in Paragraph 9.6(a).Section 16.5.1, conditioned upon Landlord’s receipt of the proceeds of the rental interruption insurance required to be maintained by Tenant pursuant to Section 18 of this Lease. If a Hazardous Substance Condition occurs which is solely the result of Landlord’s active negligence or willful misconduct, and which prevents Tenant from conducting regular business on the Demised Premises, Landlord shall be responsible for Tenant’s damages directly caused by such active negligence or willful
Appears in 1 contract
Sources: Build to Suit Lease (Intuit Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In , in such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months.
Appears in 1 contract
Sources: Lease Agreement (Coyote Sports Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee Tenant is legally responsible therefor pursuant to the terms of this Lease (in which case Lessee Tenant shall make the Investigation investigation and remediation thereof required by Applicable Law Requirements and this Lease shall continue in full force and effect, but subject to Lessor's Landlord’s rights under Paragraph 6.2(c) and Paragraph 13), Lessor Landlord may at Lessor's Landlord’s option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's Landlord’s expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,00050,000, whichever is greater, give written notice to Lessee Tenant within thirly thirty (30) days after receipt by Lessor Landlord of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's Landlord’s desire to terminate this Lease ,is as of the date sixty (60) days following the giving date of such notice. In the event Lessor Landlord elects to give such notice of Lessor's Landlord’s intention to terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of Lessee's Tenant’s commitment to pay for the excess costs of (a) investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of required by Applicable Requirements, over (B) an amount equal to twelve (12) times the then monthly Base Rent or $100,000, 50,000 whichever is greater. Lessee Tenant shall provide Lessor Landlord with the funds required of Lessee Tenant or satisfactory assurance thereof within thirty (30) days following Lessee's said commitmentcommitment by Tenant. In such event this Lease shall continue in lull full force and effect, and Lessor Landlord shall proceed to make such investigation and remediation as soon as reasonably possible and after the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the limes time period specified above, this Lease shall terminate as of the date specified in Lessor's Landlord’s notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a).
Appears in 1 contract
Sources: Lease Agreement (EGAIN Corp)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate Terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and 133 effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate Terminate as of the date specified in Lessor's notice el terminationof Termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there responsible here shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph paragraph 13), . Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor▇▇▇▇▇▇'s desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor▇▇▇▇▇▇'s intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee▇▇▇▇▇▇'s commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee▇▇▇▇▇▇'s said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee▇▇▇▇▇▇'s obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months.
Appears in 1 contract
Sources: Lease Agreement (BGF Industries Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor▇▇▇▇▇▇'s intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee▇▇▇▇▇▇'s commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee▇▇▇▇▇▇'s said commitment. In , in such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee▇▇▇▇▇▇'s obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Long Term Lease (Pacific Research & Engineering Corp)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition (as defined in paragraph 9.1(e)) occurs. , unless Lessee Tenant is legally responsible therefor (in which case Lessee Tenant shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to LessorLandlord's rights under Paragraph 13paragraph 13 and the Hazardous Materials Lease Rider), Lessor Landlord may at LessorLandlord's option either (ia) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (iib) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000100,000.00), whichever is greater, give written notice to Lessee Tenant within thirly thirty (30) days after receipt by Lessor Landlord of knowledge of the occurrence of such Hazardous Substance Condition of LessorLandlord's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor Landlord elects to give such notice of LessorLandlord's intention to terminate this Lease, Lessee Tenant shall have the right right, within ten (10) days after the receipt of such notice notice, to give written notice to Lessor Landlord of LesseeTenant's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at LesseeTenant's expense and without reimbursement from Lessor Landlord except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or ONE HUNDRED THOUSAND DOLLARS ($100,000100,000.00), whichever is greater. Lessee Tenant shall provide Lessor Landlord with the funds required of Lessee Tenant or satisfactory assurance thereof within thirty (30) days following LesseeTenant's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor Landlord shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in LessorLandlord's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee Tenant is not legally responsible, there shall be abatement of LesseeTenant's obligations under this Lease to the same extent as provided in Paragraph paragraph 9.6(a).) for a period of not to exceed twelve (12) months. 9.8
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law Requirements and this Lease shall continue in full force and effect, but subject Initials: DP ----- MULTI-TENANT--MODIFIED NET RAM ----- (Copyright) American Industrial Real Estate Association 1993 to Lessor's rights under Paragraph 6.2(c) and Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, 100,000 whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving date of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the excess costs of (a) investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of required by Applicable Requirements, over (b) an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following said commitment by Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes time period specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a).
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Skechers Usa Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is Is legally responsible therefor (in which case Lessee shall make the Investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's ’s rights under Paragraph 13), Lessor may at Lessor's ’s option either (i1) investigate Investigate and remediate such Hazardous Substance Condition, if H required, ,is as soon as reasonably possible at Lessor's ’s expense, in In which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate Investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent Rant or $100,000, whichever is Is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's ’s desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's ’s intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice node@ to Lessor of Lessee's ’s commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's ’s expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is Is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's ’s said commitment. In such event this Lease shall continue in lull In full force and effect, and Lessor shall proceed to make such investigation Investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in In Lessor's notice el ’s nodes of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's ’s obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Standard Industrial/Commercial Tenant Lease (Invivo Corp)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor therefore (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 1312), Lessor may at Lessor's option either (i) investigate Investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Dental Medical Diagnostic Systems Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's ’s rights under Paragraph 13), Lessor may at Lessor's ’s option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,0001000,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's ’s desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's ’s intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's ’s expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,0001000,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's ’s said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's ’s notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's ’s obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if it the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greaterRent, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greaterRent. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a).) for a period of not to exceed twelve (12) months. 9.8
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Burke Industries Inc /Ca/)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, 100,000 whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsibleresponsible , there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)9.6 (a) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Farah Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months. Lessor represents and warrants to Lessee that, to the best of Lessor's knowledge upon the Commencement Date of this Lease, there does not exist on or about the Premises any hazardous substances other than ordinary and customary materials typically found on similar premises which do not constitute a violation of any Applicable Law, do not constitute a Reportable Use and are not subject to the requirement of any governmental agency or the right of any private party to have them removed or remediated. Lessor will indemnify Lessee against and hold it harmless from any and all loss, cost, liability, obligation or expense (including court costs and reasonably attorneys' and consultants' fees) which Lessee incurs as a result of the existence of any Hazardous Substances on or about the Premises prior to the Commencement Date of this Lease. For purposes of Paragraph 9.7 of Lease, Lessee shall be deemed to be "legally responsible" for a Hazardous Substance Condition only if such Condition arises out of or involves Hazardous Substances or a storage tank brought onto the Premises by or for Lessee under Lessee's control. Without limiting the generallity of the foregoing, Lessee shall not be deemed "legally responsible" for a Hazardous Substance Condition merely because of its status as a Lessee.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Who Vision Systems Inc /Fl)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or of $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Staar Surgical Company)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate Investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or of satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)9.0(a) for a period of not to exceed twelve months.
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation recommendation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lease Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lesseelessee's said commitment. In such event this Lease lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee lessee does not give such notice and provide provides the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, responsible there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Lease Agreement (American Materials & Technologies Corp)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at 13 Lessor's expense, in which event this Lease shall continue in full force and in effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Lease Agreement (Atl Products Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition condition occurs. , unless Lessee Tenant is legally responsible therefor (in which case Lessee Tenant shall make the Investigation investigation and remediation thereof required by Applicable Law applicable law and this Lease shall continue in full force and effect, but subject to Lessor's Landlord’s rights under Paragraph 13this Par▇▇▇▇▇▇ ▇▇), Lessor may ▇▇▇▇▇▇▇▇ ▇▇y, at Lessor's option Landlord’s option, either (i) investigate and remediate such Hazardous Substance Conditioncondition, if required, ,is as soon as reasonably possible at Lessor's Landlord’s expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent base rent or $100,00050,000, whichever is greater, give written notice to Lessee Tenant within thirly thirty (30) days after receipt by Lessor Landlord of knowledge of the occurrence of such Hazardous Substance Condition condition of Lessor's Landlord’s desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor Landlord elects to give such notice of Lessor's Landlord’s intention to terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of Lessee's Tenant’s commitment to pay for the investigation and remediation of such Hazardous Substance Condition condition totally at Lessee's Tenant’s expense and without reimbursement from Lessor Landlord except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,00050,000, whichever is greater. Lessee Tenant shall provide Lessor Landlord with the funds required of Lessee Tenant or satisfactory assurance thereof within thirty (30) days following Lessee's Tenant’s said commitment. In such event event, this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's Landlord’s notice el of termination. If a Hazardous Substance Condition condition occurs for which Lessee Tenant is not legally responsible, there shall be abatement of Lessee's Tenant’s obligations under this Lease for a period of not to exceed twelve (12) months while Landlord remediates the same extent as provided in Paragraph 9.6(a)condition.
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is Is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000S100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000S100,000, whichever is greater. Lessee shall provide Lessor with the funds required of a! Lessee or w satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, responsible there shall be abatement abasement of Lessee's obligations under this Lease to the same extent as provided as, worded in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Saba Petroleum Co)
HAZARDOUS SUBSTANCE CONDITIONS. If It a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if it required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effectaffect, or (ii) if the estimated cost to investigate investigate, and remediate such condition exceeds twelve (12) times the then monthly Base Rent or of $100,000, whichever is greater, give written notice to Lessee Lender within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate terminal, this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Leaselease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation Investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation Investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in In Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in In Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (American Fire Retardant Corp)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law Requirements and this Lease shall continue in full force and effect, but subject MULTI-TENANT - MODIFIED NET Initials: LEW -5- PW to Lessor's rights under Paragraph 6.2(c) and Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, 100,000 whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving date of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the excess costs of (a) investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of required by Applicable Requirements, over (b) an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following said commitment by Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes time period specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a).
Appears in 1 contract
Sources: Lease Agreement (3dshopping Com)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition Conditions occurs. , unless Lessee is legally responsible therefor thereto (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (iI) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a).) for a period of not to exceed twelve (12) months. SEE ADDENDUM PARAGRAPH 59 9.8
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Simpson Manufacturing Co Inc /Ca/)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor caused it to be present (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is required as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lease Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or of assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, responsible there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a).
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Vitria Technology Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's Lessors intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent [illegible] of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. , Lessee shall provide Lessor Lessee with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, effect and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Leap Wireless International Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably reasonable possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lesseelessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months. At Lessee's option, the Lessor should remedy as soon as practical any Hazardous Condition which would negatively impact Lessee's interests or present a health risk to occupants of the Premises, otherwise Lessee will have the option to terminate the lease.
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of LessorL▇▇▇▇▇'s intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of LesseeL▇▇▇▇▇'s commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following LesseeL▇▇▇▇▇'s said commitment. In , in such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of LesseeL▇▇▇▇▇'s obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Long Term Lease (Pacific Research & Engineering Corp)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably reasonable possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times 6 the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lesseelessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months. At Lessee's option, the Lessor should remedy as soon as practical any Hazardous Condition which would negatively impact Lessee's interests or present a health risk to occupants of the Premises, otherwise Lessee will have the option to terminate the lease.
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee Tenant is legally responsible therefor (in which case Lessee Tenant shall make the Investigation investigation and remediation thereof required by Applicable Law applicable law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor . Landlord may at LessorLandlord's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost costs to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee Tenant within thirly thirty (30) days after receipt by Lessor Landlord of knowledge of the occurrence of such Hazardous Substance Condition of LessorLandlord's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor Landlord elects to give such notice of LessorLandlord's intention to terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of LesseeTenant's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at LesseeTenant's expense and without reimbursement from Lessor Landlord except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee Tenant shall provide Lessor Landlord with the funds required of Lessee Tenant or reasonably satisfactory assurance thereof within thirty (30) days following LesseeTenant's said commitment. In such event this Lease shall continue in lull full force and effect, effect and Lessor Landlord shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or reasonable assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in LessorLandlord's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee Tenant is not legally responsible, there shall be abatement of LesseeTenant's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)paragraph 13.5.
Appears in 1 contract
Sources: Lease Agreement (Leslies Poolmart)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's ’s rights under Paragraph 13), Lessor may at Lessor's ’s option either either: (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's ’s desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's ’s intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's ’s commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's ’s expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's ’s said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's ’s notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's ’s obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Appicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated estimate cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is Lease, as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,00010,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a).) for a period of not to exceed twelve (12) months. Initials____
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Microtel International Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), . Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is required as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall s terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve (12) months.
Appears in 1 contract
Sources: Lease Agreement (Cmgi Inc)
HAZARDOUS SUBSTANCE CONDITIONS. If a Hazardous Substance Condition occurs. , unless Lessee is legally responsible therefor (in which case Lessee shall make the Investigation investigation and remediation thereof required by Applicable Law and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, ,is as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greaterRent, give written notice to Lessee within thirly thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease ,is as of the date sixty (60) days following the giving of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the investigation and remediation of such Hazardous Substance Condition totally at Lessee's expense and without reimbursement from Lessor except to the extent of an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greaterRent. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in lull full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible and the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the limes times specified above, this Lease shall terminate as of the date specified in Lessor's notice el of termination. If a Hazardous Substance Condition occurs for which Lessee is not legally responsible, there shall be abatement of Lessee's obligations under this Lease to the same extent as provided in Paragraph 9.6(a)) for a period of not to exceed twelve months.
Appears in 1 contract
Sources: Single Tenant Lease Net (Southwall Technologies Inc /De/)