Common use of Requirement to Remediate Clause in Contracts

Requirement to Remediate. (a) Licensee's Remediation obligations under this Subsection (a) are subject to Subsection (b). (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements), Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License, any Hazardous Material Condition occurring during the Term or while Licensee or its Agents or Invitees otherwise occupy any part of the License Area. Licensee must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretion. (ii) In addition to its obligations under clause (i), before this License terminates for any reason, Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License: (A) any Hazardous Material Condition caused by Licensee's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during Licensee's occupancy that is required to be Remediated by any Regulatory Agency if Remediation would not have been required but for Licensee's use of the License Area. (iii) If Environmental Laws require a Remediation action plan, Licensee must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License Area, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area in any manner related directly, or indirectly to Hazardous Materials. (b) Unless Licensee or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee will not be obligated to Remediate any Hazardous Material Condition: (i) caused solely by City, Port, or their Agents during Licensee's occupancy of the License Area; or (ii) arising before the Commencement Date or the date of Licensee's first use of the License Area, whichever is earlier.

Requirement to Remediate. (a) LicenseeTenant's Remediation obligations under this Subsection (a) subsection are subject to Subsection (b).to (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements), Licensee Tenant must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseLease, any Hazardous Material Condition occurring during the Term or while Licensee Tenant or its Agents or Invitees otherwise occupy any part of the License AreaPremises. Licensee Tenant must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretion. (ii) In addition to its obligations under clause (i), before this License Lease terminates for any reason, Licensee Tenant must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseLease: (A) any Hazardous Material Condition caused by LicenseeTenant's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during LicenseeTenant's occupancy that is required any Regulatory Agency requires to be Remediated by any Regulatory Agency if Remediation would not have been required but for LicenseeTenant's use of or Changes to the License AreaPremises. (iii) If Environmental Laws governing Remediation require a Remediation remedial action plan, Licensee Tenant must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee Tenant must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License AreaPremises or the Facility, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area Premises or the Facility in any manner related directly, directly or indirectly to Hazardous Materials. (b) Unless Licensee Tenant or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee Tenant will not be obligated to Remediate any Hazardous Material Condition: (i) caused solely by City, Port, or their Agents during LicenseeTenant's occupancy of the License AreaPremises; or (ii) arising before the Commencement Date or the date of LicenseeTenant's first use of the License AreaPremises, whichever is earlier.

Requirement to Remediate. (a) LicenseeSFFD's Remediation obligations under this Subsection (a) are subject to Subsection (b). (i) After notifying the Port in accordance with Section 15.3(a) 11.3 (LicenseeSFFD's Environmental Condition Notice Requirements), Licensee SFFD must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseMOU, any Hazardous Material Condition occurring during the Term or while Licensee SFFD or its Agents or Invitees otherwise occupy use any part of the License AreaPremises. Licensee SFFD must obtain the Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretionaccording to the approved Remediation work plan. (ii) In addition to its obligations under clause (i), before this License MOU terminates for any reason, Licensee SFFD must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseMOU: (A) any Hazardous Material Condition caused by LicenseeSFFD's or its Agentsagents' or Inviteesinvitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during LicenseeSFFD's occupancy use that is required to be Remediated by any Regulatory Agency if Remediation would not have been required but for Licensee's use of the License Area.any (iii) If Environmental Laws require a Remediation action plan, Licensee SFFD must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee SFFD must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License AreaPremises, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area Premises in any manner related directly, or indirectly to Hazardous Materials. (b) Unless Licensee SFFD or its Agents agents or Invitees invitees Exacerbate the Hazardous Material Condition, Licensee SFFD will not be obligated to Remediate any Hazardous Material Condition: (i) caused solely by City, Port, or their Agents its agents during LicenseeSFFD's occupancy use of the License AreaPremises; or (ii) arising before the Commencement Effective Date or the date of LicenseeSFFD's first use of the License AreaPremises, whichever is earlier.

Requirement to Remediate. (a) LicenseeHSH's Remediation obligations under this Subsection (a) are subject to Subsection (b). (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements17.3(a), Licensee HSH must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseMOU, any Hazardous Material Condition occurring during the Term or while Licensee HSH or its Agents or Invitees otherwise occupy any part of the License AreaPremises. Licensee HSH must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole reasonable discretion, which shall be provided within ten (10) business day upon receipt of Remediation Work plan or completion of Remediation work as applicable. (ii) In addition to its obligations under clause (i), before this License MOU terminates for any reason, Licensee HSH must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseMOU: (A) any Hazardous Material Condition caused by LicenseeHSH's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during LicenseeHSH's occupancy that is required any Regulatory Agency requires to be Remediated by any Regulatory Agency if Remediation would not have been required but for LicenseeHSH's use of or Changes to the License AreaPremises. (iii) If Environmental Laws governing Remediation require a Remediation remedial action plan, Licensee HSH must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee HSH must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License AreaPremises, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area Premises in any manner related directly, directly or indirectly to Hazardous Materials. (b) Unless Licensee HSH or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee HSH will not be obligated to Remediate any Hazardous Material Condition: : (i) caused solely by City, Port, Port or their its Agents during LicenseeHSH's occupancy of the License Area; or the (ii) arising before the Commencement Effective Date or the date of LicenseeHSH's first use of the License Area, whichever is earlier.of

Requirement to Remediate. (a) Licensee's Remediation obligations under this Subsection (a) are subject to Subsection (b). (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements), Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License, any Hazardous Material Condition occurring during the Term or while Licensee or its Agents or Invitees otherwise occupy any part of the License Area. Licensee must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretion. (ii) In addition to its obligations under clause (i), before this License terminates for any reason, Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License: (A) any Hazardous Material Condition caused by Licensee's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during Licensee's occupancy that is required to be Remediated by any Regulatory Agency if Remediation would not have been required but for Licensee's use of the License Area.be (iii) If Environmental Laws require a Remediation action plan, Licensee must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License Area, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area in any manner related directly, or indirectly to Hazardous Materials. (b) Unless Licensee or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee will not be obligated to Remediate any Hazardous Material Condition: (i) caused solely by City, Port, or their Agents during Licensee's occupancy of the License Area; or (ii) arising before the Commencement Date or the date of Licensee's first use of the License Area, whichever is earlier.

Requirement to Remediate. (a) Licensee's Remediation obligations under this Subsection (a) are subject to Subsection (b). (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements), Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License, any Hazardous Material Condition occurring during the Term or while Licensee or its Agents or Invitees otherwise occupy any part of the License Area. Licensee must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretion. (ii) In addition to its obligations under clause (i), before this License terminates for any reason, Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License: (A) any Hazardous Material Condition caused by Licensee's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during Licensee's occupancy that is required to be Remediated by any Regulatory Agency if Remediation would not have been required but for Licensee's use of the License Area. (iii) If Environmental Laws require a Remediation action plan, Licensee must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License Area, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area in any manner related directly, or indirectly to Hazardous Materials.Approvals (b) Unless Licensee or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee will not be obligated to Remediate any Hazardous Material Condition: (i) caused solely by City, Port, or their Agents during Licensee's occupancy of the License Area; or (ii) arising before the Commencement Date or the date of Licensee's first use of the License Area, whichever is earlier.

Requirement to Remediate. (a) Licensee's Remediation obligations under this Subsection (a) are subject to Subsection (b). (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements), Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License, any Hazardous Material Condition occurring during the Term or while Licensee or its Agents or Invitees otherwise occupy any part of the License Area. Licensee must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretion.immediately (ii) In addition to its obligations under clause (i), before this License terminates for any reason, Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License: (A) any Hazardous Material Condition caused by Licensee's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during Licensee's occupancy that is required to be Remediated by any Regulatory Agency if Remediation would not have been required but for Licensee's use of the License Area. (iii) If Environmental Laws require a Remediation action plan, Licensee must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License Area, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area in any manner related directly, or indirectly to Hazardous Materials. (b) Unless Licensee or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee will not be obligated to Remediate any Hazardous Material Condition: : (i) caused solely by City, Port, or their Agents during Licensee's occupancy of the License Area; or (ii) arising before the Commencement Date or the date of Licensee's first use of the License Area, whichever is earlier.

Requirement to Remediate. (a) LicenseeTenant's Remediation obligations under this Subsection (a) subsection are subject to Subsection (b).to (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements), Licensee must Remediate at its sole cost in compliance with all Environmental Laws and this License, any Hazardous Material Condition occurring during the Term or while Licensee or its Agents or Invitees otherwise occupy any part of the License Area. Licensee must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretion.Tenant (ii) In addition to its obligations under clause (i), before this License Lease terminates for any reason, Licensee Tenant must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseLease: (A) any Hazardous Material Condition caused by LicenseeTenant's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during LicenseeTenant's occupancy that is required any Regulatory Agency requires to be Remediated by any Regulatory Agency if Remediation would not have been required but for LicenseeTenant's use of or Changes to the License AreaPremises. (iii) If Environmental Laws governing Remediation require a Remediation remedial action plan, Licensee Tenant must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee Tenant must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License AreaPremises or the Facility, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area Premises or the Facility in any manner related directly, or indirectly to Hazardous Materials. (b) Unless Licensee Tenant or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee Tenant will not be obligated to Remediate any Hazardous Material Condition: : (i) caused solely by City, Port, or their Agents during LicenseeTenant's occupancy of the License AreaPremises; or or (ii) arising before the Commencement Date or the date of LicenseeTenant's first use of the License AreaPremises, whichever is earlier.

Requirement to Remediate. (a) LicenseeTenant's Remediation obligations under this Subsection (a) subsection are subject to Subsection (b).to (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements17.3(a), Licensee Tenant must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseLease, any Hazardous Material Condition occurring during the Term or while Licensee Tenant or its Agents or Invitees otherwise occupy any part of the License AreaPremises. Licensee Tenant must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretion. (ii) In addition to its obligations under clause (i), before this License Lease terminates for any reason, Licensee Tenant must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseLease: (A) any Hazardous Material Condition caused by LicenseeTenant's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during LicenseeTenant's occupancy that is required any Regulatory Agency requires to be Remediated by any Regulatory Agency if Remediation would not have been required but for LicenseeTenant's use of or Changes to the License AreaPremises. (iii) If Environmental Laws governing Remediation require a Remediation remedial action plan, Licensee Tenant must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee Tenant must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License AreaPremises or the Facility, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area Premises or the Facility in any manner related directly, directly or indirectly to Hazardous Materials. (b) Unless Licensee Tenant or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee Tenant will not be obligated to Remediate any Hazardous Material Condition: : (i) caused solely by City, Port, or their Agents during LicenseeTenant's occupancy of the License AreaPremises; or or (ii) arising before the Commencement Date or the date of LicenseeTenant's first use of the License AreaPremises, whichever is earlier.

Requirement to Remediate. (a) LicenseeTenant's Remediation obligations under this Subsection (a) subsection are subject to Subsection (b).to (i) After notifying Port in accordance with Section 15.3(a) (Licensee's Environmental Condition Notice Requirements17.3(a), Licensee Tenant must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseLease, any Hazardous Material Condition occurring during the Term or while Licensee Tenant or its Agents or Invitees otherwise occupy any part of the License AreaPremises. Licensee Tenant must obtain Port's approval of a Remediation work plan, whether or not required under Environmental Laws, then begin Remediation actions immediately following Port's approval of the work plan and continue diligently until Remediation is complete, as determined by Port, in its sole discretion. (ii) In addition to its obligations under clause (i), before this License Lease terminates for any reason, Licensee Tenant must Remediate at its sole cost in compliance with all Environmental Laws and this LicenseLease: (A) any Hazardous Material Condition caused by LicenseeTenant's or its Agents' or Invitees' Handling Hazardous Materials during the Term; and (B) any Hazardous Material Condition discovered during LicenseeTenant's occupancy that is required any Regulatory Agency requires to be Remediated by any Regulatory Agency if Remediation would not have been required but for LicenseeTenant's use of or Changes to the License AreaPremises. (iii) If Environmental Laws governing Remediation require a Remediation remedial action plan, Licensee Tenant must provide a draft of its plan to Port for comment and approval before submittal to the appropriate Environmental Regulatory Agency, and a copy of the final plan as submitted. (iv) In all situations relating to Handling or Remediating Hazardous Materials, Licensee Tenant must take all actions that are reasonably necessary in Port's sole judgment to protect the value of the License AreaPremises or the Facility, such as obtaining Environmental Regulatory Approvals related to Hazardous Materials and taking measures to remedy any deterioration in the condition or diminution of the value of any portion of the License Area Premises or the Facility in any manner related directly, directly or indirectly to Hazardous Materials. (b) Unless Licensee Tenant or its Agents or Invitees Exacerbate the Hazardous Material Condition, Licensee Tenant will not be obligated to Remediate any Hazardous Material Condition: : (i) caused solely by City, Port, or their Agents during Licensee▇▇▇▇▇▇'s occupancy of the License AreaPremises; or or (ii) arising before the Commencement Date or the date of Licensee▇▇▇▇▇▇'s first use of the License AreaPremises, whichever is earlier.