Common use of Right to Test Clause in Contracts

Right to Test. Landlord may cause testing w▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such w▇▇▇▇ shall be paid by Landlord except to the extent such tests disclose the existence of facts which give rise to liability covered by Tenant’s indemnification obligations in this Section 4.12. Landlord may retain consultants to inspect the Project, conduct periodic environmental audits, and review any information provided by Tenant, and the reasonable fees of such consultant may be included as a Property Maintenance Cost. Landlord shall order any test or inspection in anticipation of verifying Tenant’s compliance with its obligations under Section 4.12.5 at least eight (8) months prior to the Expiration Date to provide Tenant sufficient time to address any matters identified in such inspection prior to the Expiration Date. The foregoing, however, shall not limit Landlord’s right to inspect the Premises upon the expiration or earlier termination of the Lease if Landlord reasonably suspects that Tenant is not then in compliance with its obligations under Section 4.12.5.