Common use of Removal and Remediation Clause in Contracts

Removal and Remediation. Notwithstanding anything herein or any other provisions of this Lease to the contrary, at the expiration or earlier termination of the Lease Term, Tenant shall, at Tenant’s sole cost and expense, remove from the Premises and Project all of Tenant’s trade fixtures, equipment and other personal property used by Tenant in connection with the use, storage and/or disposal by Tenant or the Tenant Parties of any Hazardous Materials that are other than the Permitted Office Supplies in, on or at the Premises, Building and/or Project. If Tenant breaches any of its obligations contained in this Section 5.2, or if the presence of any Hazardous Materials in, on, under or about the Premises, Building or Project caused or permitted by Tenant or the Tenant Parties results in any release, leaks, spills, damage to and/or contamination of the Premises, Building or Project (and/or any other properties or improvements located outside the Project), then Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Premises, Building and Project (and such other properties) to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s approval of such actions shall first be obtained; provided, however, Landlord may at its option (but in no event shall be obligated to) elect, after prior notice to Tenant, to conduct any such remediation program, all at Tenant’s sole cost and expense to the extent that Tenant would otherwise be liable for same. The design and scope of any such remediation program shall be determined solely and reasonably by Landlord and Landlord’s environmental consultants.

Removal and Remediation. Notwithstanding anything herein or any other provisions of this Lease to the contrary, at the expiration or earlier termination of the Lease Term, Tenant shall, at Tenant’s 's sole cost and expense, remove from the Premises, Building, Project and Site all Hazardous Materials brought or used or released onto the Premises by Tenant or Tenant Parties during the Term and Project all of Tenant’s 's trade fixtures, equipment and other personal property used by Tenant in connection with the use, storage and/or disposal by Tenant or the Tenant Parties of any Hazardous Materials that are other than the Permitted Office Supplies in, on or at the Premises, Building and/or ProjectBuilding, Project or Site. If Tenant breaches any of its obligations contained in this Section 5.2, or if the presence of any Hazardous Materials in, on, under or about the Premises, Building Building, Project or Project Site caused or permitted by Tenant or the Tenant Parties results in any release, leaks, spills, damage to and/or contamination of the Premises, Building Building, Project or Project (and/or any other properties or improvements located outside the Project)Site, then Tenant shall promptly take all actions, at its sole expense, as are necessary to return remediate the Premises, Building Building, Project and Project (and such other properties) Site to the condition existing prior required by Hazardous Materials Laws. In the event that Tenant fails, within thirty (30) days after written notice from Landlord to satisfy the introduction of any such Hazardous Materialsforegoing requirements, provided that Landlord’s approval of such actions then Landlord shall first be obtained; provided, however, Landlord may have the right at its option (but in no event shall be obligated to) elect, after prior notice to Tenant, to conduct any such remediation program, all at Tenant’s 's sole cost and expense expense, to the extent that Tenant would otherwise be liable for same. The Landlord shall use reasonable efforts to conduct such remediation program in a manner consistent with Tenant’s program, provided, however, that, if Landlord determines that Tenant’s program was deficient, then the design and scope of any such remediation program to be performed by Landlord shall be determined solely and reasonably by Landlord and Landlord’s 's environmental consultants.

Removal and Remediation. Notwithstanding anything herein or any other provisions of this Lease to the contrary, at the expiration or earlier termination of the Lease Term, Tenant shall, at Tenant’s sole cost and expense, remove from the Premises Premises, the Building and Project the Real Property all of Tenant’s trade fixtures, equipment and other personal property used by Tenant in connection with the use, storage and/or disposal by Tenant or the Tenant Parties of any Hazardous Materials that are other than the Permitted Office Supplies in, on or at the Premises, Building and/or Projectthe Real Property. If Tenant breaches any of its obligations contained in this Section 5.2, or if the presence of any Hazardous Materials in, on, under or about the Premises, Building or Project the Real Property caused or permitted by Tenant or the Tenant Parties results in any release, leaks, spills, damage to and/or contamination of the Premises, Building or Project the Real Property (and/or any other properties or improvements located outside the ProjectReal Property), then Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Premises, Building and Project the Real Property (and such other properties) to substantially the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s approval of such actions shall first be obtained; provided, however, Landlord may at its option (but in no event shall be obligated to) elect, after prior notice to Tenant, to conduct any such remediation program, all at Tenant’s sole cost and expense to the extent that Tenant would otherwise be liable for same. The design and scope of any such remediation program shall be determined solely and reasonably by Landlord and Landlord’s environmental consultants. Landlord represents that during L▇▇▇▇▇▇▇’s period of ownership, to Landlord’s actual knowledge, as of the Delivery Date, Landlord has received no notice from any governmental agency that the Real Property is in violation of Hazardous Material Laws; provided, however, that Tenant acknowledges the contents of the following, which have been delivered by Landlord to Tenant: (i) Mitigation of Water Test Results memo prepared by Landlord dated September 20, 2024; (ii) “Lead in Water Survey” report prepared by AEI Consultants dated as of November 5, 2020; and (iii) “Sampling Visit Summary & Lab Result Analysis” prepared by Healthy Building Science, Inc. based on water tests that occurred on April 15, 2024. In addition, Landlord has arranged for water tests at the Premises (currently scheduled to occur on September 23, 2024), which tests shall include, without limitation, the testing of certain new plumbing fixtures that had not yet been installed as of the aforementioned April 15, 2024 test. To the extent that any of the water test results of the scheduled September 23, 2024 test exceed the 15 parts per billion action level established by the United States Environmental Protection Agency (“EPA Action Level”), Landlord shall, at Landlord’s cost, undertake such additional measures as Landlord deems reasonably necessary to further mitigate those results below the EPA Action Level, and shall provide Tenant with the subsequent water test results below the EPA Action Level as satisfactory evidence that such additional measures were effective. Upon receiving test results below the EPA Action Level, Landlord shall have no further obligation relating to the water at the Premises.