Common use of Additional Requirement Clause in Contracts

Additional Requirement. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold the Indemnified Parties harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys’ fees, consultants’ fees, and experts’ fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, “Premises”), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of the Indemnified Parties. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California.

Additional Requirement. Contractor Sub-recipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold the Indemnified Parties harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys’ fees, consultants’ fees, and experts’ fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, “Premises”), and the release or discharge of hazardous materials by Contractor Sub-recipient during the course of any alteration or improvements of the Premises of ContractorSub- recipient, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of the Indemnified Parties. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California.

Additional Requirement. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold the Indemnified Parties City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys’ fees, consultants’ fees, and experts’ fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, “Premises”), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of the Indemnified PartiesCity, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California.

Additional Requirement. Contractor Sub-recipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold the Indemnified Parties harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys’ fees, consultants’ fees, and experts’ fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, “Premises”), and the release or discharge of hazardous materials by Contractor Sub-recipient during the course of any alteration or improvements of the Premises of ContractorPremises, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of the Indemnified Parties. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property Premises before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property Premises following the Commencement Date; or (c) Hazardous materials present on or under the Property Premises as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property Premises during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California.

Additional Requirement. Contractor Sub-recipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold the Indemnified Parties harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys’ fees, consultants’ fees, and experts’ fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, “Premises”), and the release or discharge of hazardous materials by Contractor Sub-recipient during the course of any alteration or improvements of the Premises of ContractorSub-recipient, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of the Indemnified Parties. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California.