Unreasonable Action definition

Unreasonable Action means any voluntary action by Purchaser (including a communication with a Governmental Entity) unless such action is (a) required by Law; (b) reasonably necessary in order to avoid a order, suit or action or to avoid an Order by a Governmental Entity; (c) reasonably necessary in order to prevent or mitigate a threat to human health or the environment, including based upon the discovery of a contaminant detected in connection with the performance of the Remediation Agreement (as defined in Section 9.09(a)(iv) of the Seller Disclosure Letter), the responsibility for which has been disclaimed by the other party thereto; (d) consistent in nature, scope and magnitude with Purchaser’s past practices and is taken in the ordinary course of Purchaser’s normal operations (including the performance of capital improvements, operations and maintenance and construction and renovation activities); (e) undertaken based upon conditions discovered in connection with Purchaser’s performance of a Phase I environmental site assessment prior to the execution of this agreement; (f) undertaken based upon conditions discovered during the addressing the repairs to the sewer lines at the Via Ticino facility; (g) undertaken at the request of Purchaser’s insurer or in order to obtain insurance; or (h) undertaken in connection with or as the result of items discovered during an environmental investigation or other due diligence activity by a bona fide prospective purchaser, assignee or sublessee of any of the Transferred Assets who is not affiliated with Purchaser, and which activity is taken in connection with the prospective sale or other transfer of an interest in such Transferred Asset