Right to Take Action. MAC shall have the right, but not the duty or obligation, to take whatever reasonable action it deems appropriate to protect the Leased Property and Airport from any material impairment to its value resulting from any escape, seepage, leakage, spillage, discharge, deposit, disposal, emission or release of Environmentally Regulated Substances from the Leased Property and Airport which is not in full compliance with any Environmental Law and arises out of Tenant’s past or present operations. Except in the event of an emergency, MAC shall notify Tenant of its intention to take such action in writing thirty (30) days before proceeding under this Section 20.7. Within that thirty (30) day period, Tenant shall have the opportunity to take whatever reasonable action is deemed appropriate by MAC to cure the matter of concern or provide MAC a binding commitment to do so within a reasonable time. If Tenant does not take such action or provide a binding commitment within the thirty (30) day period, MAC may proceed under the terms of this Section 20 [Environmental Responsibilities]. All reasonable costs associated with any action by MAC in connection with this provision, including but not limited to reasonable attorney’s fees, shall be subject to Section 20.2 [Indemnification] hereof.
Appears in 2 contracts
Sources: Commercial Lease, Lease Agreement
Right to Take Action. MAC shall have the right, but not the duty or obligation, to take whatever reasonable action it deems appropriate to protect the Leased Property and Airport Premises from any material impairment to its value resulting from any escape, seepage, leakage, spillage, discharge, deposit, disposal, emission or release of Environmentally Regulated Substances from the Leased Property and Premises or the Airport which is not in full compliance accordance with any Environmental Law and arises out of TenantAIRLINE’s past or present operationsoperations during the Term of this Agreement. Except in the event of an emergency, The MAC shall notify Tenant the AIRLINE of its intention to take such action in writing thirty (30) days before proceeding under this Section 20.7Subsection D.6. Within that thirty (30) day period, Tenant AIRLINE shall have the opportunity to take whatever reasonable action is deemed appropriate by MAC to cure the matter of concern or provide MAC a binding commitment to do so within a reasonable time. If Tenant AIRLINE does not take such action or provide a binding commitment within the thirty (30) day period, MAC may proceed under the terms of this Section 20 [Environmental Responsibilities]Subsection D.6. MAC shall not be obligated to provide such 30 days’ advance notice if doing so may reasonably result in material harm to person or property, but, in such circumstance, MAC shall provide as much advance notice as reasonably practicable under the circumstances. All reasonable costs associated with any action by the MAC in connection with this provision, including but not limited to reasonable attorney’s attorneys’ fees, shall be subject to Section 20.2 [Indemnification] hereofSubsection D.1. of this Article.
Appears in 2 contracts
Sources: Airline Operating Agreement and Terminal Building Lease (Sun Country Airlines Holdings, Inc.), Airline Operating Agreement and Terminal Building Lease (Sun Country Airlines Holdings, Inc.)
Right to Take Action. MAC shall have has the right, but not the duty or obligation, to take whatever reasonable action it deems appropriate to protect the Leased Property and Airport from any material impairment to its value resulting from any escape, seepage, leakage, spillage, discharge, deposit, disposal, emission emission, or release of Environmentally Regulated Substances from the Leased Property and Airport which that is not in full compliance with any Environmental Law and arises out of TenantSubtenant’s past or present operations. Except in the event of an emergency, MAC shall will notify Tenant Subtenant of its intention to take such action in writing thirty (30) days before proceeding under this Section 20.73.7. Within that thirty (30) day period, Tenant shall have Subtenant has the opportunity to take whatever reasonable action is deemed appropriate by MAC to cure the matter of concern or provide MAC a binding commitment to do so within a reasonable time. If Tenant Subtenant does not take such action or provide a binding commitment within the thirty (30) day period, MAC may proceed under the terms of this Section 20 3 [Environmental Responsibilities]. All reasonable costs associated with any action by MAC in connection with this provision, including but not limited to reasonable attorney’s fees, shall be is subject to Section 20.2 [Indemnification] hereof.Section
Appears in 1 contract
Sources: Aircraft Storage Lease Agreement