Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building.
(2) Tenant shall indemnify, defend and save Landlord and Xxxxxxxx's lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as Xxxxxxxx's and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances.
(3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies:
(i) At Landlord's option, to terminate this Lease immediately; and/or
(ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties and Xxxxxxxx's attorneys' fees and costs.
Cleanup Costs, Default and Indemnification. Lessee shall be fully and completely liable to Lessor for any and all investigatory, cleanup and/or monitoring costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Lessee's use, disposal, transportation, storage, generation, release and/or sale of Hazardous Substances, in or about the Premises, the common areas or adjacent property.
Cleanup Costs, Default and Indemnification. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building, whether or not consented to by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from any and all of the costs, fees, penalties, liabilities and charges incurred by, assessed against or imposed upon Landlord (as well as Landlord’s attorneys’ fees and costs) as a result of Tenant’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances.
Cleanup Costs, Default and Indemnification. 1. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Building or Property.
2. Except in connection with Landlord’s gross negligence or willful misconduct, Tenant shall fully indemnify, defend and save Landlord and Landlord’s Lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as Landlord’s and Landlord’s Lender’s reasonable attorneys’ fees and costs) as a result of Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Substances in violation of this Section 29.
3. Upon Tenant’s default under this Section 29, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) at Landlord’s option, to terminate this Lease if such default is not cured within the time periods set forth in Section 16.A hereof; and/or (ii) to recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building or Property, any and all damages and claims asserted by third parties against Landlord and Landlord’s reasonable attorney’s fees and costs.
4. In the event that Hazardous Substances are discovered in the Building or Property during the term of this Lease, and such Hazardous Substances were not caused or introduced by Tenant or any subtenant, licensee, assignee, concessionaire, officer, agent, employee, guest or invitee of Tenant, Landlord will cause such Hazardous Substances to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by Law.
Cleanup Costs, Default and Indemnification. The Company will be fully and completely liable for any and all cleanup costs, and any and all other charges, fees, and penalties (civil and criminal) imposed by any government authority with respect to the Company's use, disposal, transportation, generation, or sale of Hazardous Materials, in, on, under, or about the Entertainment Center. If the Company breaches its obligations under this section and such breach is not cured following notice and within the applicable cure period, the City may take any and all action reasonably appropriate to remedy such breach, including taking all appropriate action to clean up or remediate any contamination resulting from the Company's use, generation, storage, or disposal of Hazardous Materials in violation of the provisions of this Lease, and the Company will promptly pay all reasonable out-of-pocket costs incurred by the City in connection therewith. The Company will defend, indemnify, and hold harmless the City, its officers, agents, employees, and councilmembers, from and against any and all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including reasonable out-of-pocket Legal Costs of clean up and remediation) arising from the Company's failure to comply with the provisions of this section. This indemnity provision shall survive termination or expiration of this Lease or the Company's right of possession hereunder, even if the City's knowledge of any breach by the Company of the Company's obligations under this section first arises after the expiration or termination of the Lease Term.
Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Project, Premises, Common Areas, or Building.
(2) Tenant shall indemnify, defend and save Landlord and Landlord’s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as Landlord’s and Landlord’s lender’s attorneys’ fees and costs) as a result of Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Substances.
(3) Upon Tenant’s default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled in addition to all other rights and remedies under this Lease to recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building arising from Tenant’s default under this Section 8, any and all damages and claims asserted by third parties which arise from Tenant’s default under this Section 8, and Landlord’s reasonable attorneys’ fees and costs.
Cleanup Costs, Default and Indemnification. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building, whether or not consented to by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from any and all of the costs, fees, penalties, liabilities and charges incurred by, assessed against or imposed upon Landlord (as well as Landlord’s attorneys’ fees and costs) as a result of Tenant’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances. Landlord shall be fully and completely liable to Tenant for any and all cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Landlord’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building, or Project, whether or not consented to by Tenant. Landlord shall defend, indemnify and hold Tenant harmless from any and all of the costs, fees, penalties, liabilities and charges incurred by, assessed against or imposed upon Tenant (as well as Tenant’s attorneys’ fees and costs) as a result of Landlord’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances.
Cleanup Costs, Default and Indemnification. (a) Lessee shall be fully and completely liable to the State for any and all cleanup costs, and any and all other charges, fees, and penalties (civil and criminal) imposed by any governmental authority with respect to Lessee's use, disposal, transportation, generation, or sale of Hazardous Materials, in or about the premises. Lessee’s obligations under this section of the lease shall survive the termination of this lease and shall be in effect for as long as Lessee may be liable under applicable laws.
(b) Lessee shall indemnify, defend, and save the State harmless from any and all of the costs, fees, penalties, and charges assessed against or imposed upon the State (as well as the State's attorney fees and costs) as a result of Lessee's use, disposal, transportation, generation, or sale of Hazardous Materials.
(c) If Lessee fails to comply with any of the provisions of this Article 6 of the Lease, the State, in addition to the rights and remedies set forth elsewhere in this lease, shall be entitled to:
(1) terminate this lease immediately; and
(2) recover any and all damages associated with the Lessee’s non-compliance, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, and any and all damages and claims asserted by third parties and the State's attorney fees and costs.
Cleanup Costs, Default and Indemnification. LESSEE shall be fully and completely liable to LESSOR and shall indemnify, defend and save LESSOR harmless from any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to XXXXXX’s unauthorized, negligent or illegal use, handling, disposal, transportation, generation and/or disposal of HAZARDOUS SUBSTANCES, in or about the PREMISES. Upon XXXXXX’s default under this Section 6, in addition to the rights and remedies set forth elsewhere in this LEASE, LESSOR shall be entitled to the following rights and remedies:
A. At LESSOR’s option, to exercise the remedies under the procedures set forth in
B. To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of AIRPORT revenue by XXXXXX, any and all damages and claims asserted by third parties and XXXXXX’s attorneys’ and consultants’ fees and costs.
Cleanup Costs, Default and Indemnification.
(a) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Property.
(b) Tenant shall indemnify, defend and save Landlord harmless from any and all of the costs, fee, penalties and charges assessed against or imposed upon Landlord (as well as Landlord’s attorneys’ fees and costs) as a result of Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Substances.
