Common use of Right to Take Action Clause in Contracts

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 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 Premises which is not in full accordance with any Environmental Law and arises out of Mesaba’s past or present operations during the term of this Agreement. MAC shall notify Mesaba of its intention to take such action in writing thirty (30) days before proceeding under this subsection . Within that thirty (30) day period, Mesaba shall have the opportunity to take whatever reasonable action is deemed appropriate by MAC or provide MAC a binding commitment to do so within a reasonable time. If Mesaba does not take such action or provide a binding commitment within the thirty (30) day period, MAC may proceed under the terms of this subsection H of this Section. All costs associated with any action by the MAC in connection with this provision, including but not limited to reasonable attorneys’ fees, shall be subject to subsection B. of this Section.