Common use of Cleanup Costs, Default and Indemnification Clause in Contracts

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.

Appears in 3 contracts

Samples: Lease Agreement (Helix Biomedix Inc), Lease Agreement (Cellcyte Genetics Corp), Lease Agreement (Auteo Media Inc)

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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 ’s use, disposal, transportation, generation generation, and/or sale of Hazardous Substances, in or about the Premises, Common AreasBuilding, , Property, or BuildingCenter. (2) . Tenant shall fully indemnify, defend and and, save harmless Landlord and Xxxxxxxx's lenderLandlord’s Lender, if any, harmless from any and all of the costs, fees, penalties penalties, and charges assessed against or imposed upon Landlord (as well as Xxxxxxxx's Landlord’s and Landlord's lender's ’s Lender’s attorneys' fees and costs) as a result of Tenant's ’s use, disposal, transportation, generation generation, and/or sale of Hazardous Substances. (3) . Upon Tenant's ’s default under this Section 829, 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 at Landlord's ’s option, to terminate this Lease lease immediately; and/or and/or (ii) To 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, Property, or Center, any and all damages and claims asserted by third parties parties, and Xxxxxxxx's Landlord’s attorneys' fees and costs.

Appears in 2 contracts

Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

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 XxxxxxxxLxxxxxxx'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 XxxxxxxxLxxxxxxx'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 XxxxxxxxLxxxxxxx's attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Helix Biomedix Inc)

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 XxxxxxxxLandlord'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.

Appears in 1 contract

Samples: Lease Agreement (Onyx Software Corp/Wa)

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 material 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 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.

Appears in 1 contract

Samples: Lease Agreement (Applied Microsystems Corp /Wa/)

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, Building or BuildingProperty. (2) . Tenant shall fully indemnify, defend and save Landlord and XxxxxxxxLandlord's lenderLender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as XxxxxxxxLandlord's and Landlord's lenderLender'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 829, 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 at Landlord's option, to terminate this Lease lease immediately; and/or and/or (ii) To 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 BuildingBuilding or Property, any and all damages and claims asserted by third parties and XxxxxxxxLandlord's attorneys' attorney's fees and costs.

Appears in 1 contract

Samples: Office Lease (Cost U Less Inc)

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 in addition to the following all other rights and remedies: (i) At Landlord's option, to terminate remedies under this Lease immediately; and/or (ii) To 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 by 13. Landlord and other tenants of the BuildingBuilding 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 XxxxxxxxLandlord's reasonable attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Blue Nile Inc)

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 XxxxxxxxLandlord'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 XxxxxxxxLandlord'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. (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: (ia) At Landlord's optionIn the event of a threat of damage to persons or property that Tenant does not commence to cure within twenty-four (24) hours of notice from Landlord (or such shorter time as is reasonably required in an emergency), and/or if Tenant fails to continue such cure using best available technology, then Landlord may terminate this Lease immediatelyLease; and/or (iib) 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 XxxxxxxxLandlord's reasonable attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Sonosight Inc)

Cleanup Costs, Default and Indemnification. (1i) 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 ’s use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building or BuildingProperty. (2ii) Tenant shall fully indemnify, defend and save Landlord and Xxxxxxxx's lenderLandlord’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 Landlord’s and Landlord's lender's ’s Lender’s attorneys' fees and costs) as a result of Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous SubstancesSubstances in, on or about the Building or Property. (3iii) Upon Tenant's ’s default under this Section 829, 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 at Landlord's ’s option, to terminate this Lease lease immediately; and/or and/or (ii) To 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 BuildingBuilding or Property, any and all damages and claims asserted by third parties and Xxxxxxxx's attorneys' Landlord’s attorney’s fees and costs.

Appears in 1 contract

Samples: Office Lease (Visualant Inc)

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 XxxxxxxxLandlord'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 XxxxxxxxLandlord'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 BuildingBuildings, any and all damages and claims asserted by third parties and XxxxxxxxLandlord's attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease Agreement (F5 Networks Inc)

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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, handling, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) the building of which the premises are a part. 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, handling, disposal, transportation, generation and/or sale of Hazardous Substances. (3) . Upon Tenant's default under this Section 8Section, 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 Buildingtenants, any and all damages and claims asserted by third parties and XxxxxxxxLandlord's attorneys' fees and costs.

Appears in 1 contract

Samples: Commercial Lease

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 ’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 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 Xxxxxxxx's Landlord’s and Landlord's ’s lender's ’s attorneys' fees and costs) as a result of Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's ’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 ’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 BuildingBuildings, any and all damages and claims asserted by third parties and Xxxxxxxx's Landlord’s attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease Agreement (F5 Networks Inc)

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 ’s use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building or BuildingProperty. (2) . Tenant shall fully indemnify, defend and save Landlord and Xxxxxxxx's lenderLandlord’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 Landlord’s and Landlord's lender's ’s Lender’s attorneys' fees and costs) as a result of Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) . Upon Tenant's ’s default under this Section 829, 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 at Landlord's ’s option, to terminate this Lease lease immediately; and/or and/or (ii) To 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 BuildingBuilding or Property, any and all damages and claims asserted by third parties and Xxxxxxxx's attorneys' Landlord’s attorney’s fees and costs.

Appears in 1 contract

Samples: Office Lease (Visualant Inc)

Cleanup Costs, Default and Indemnification. (1) 12.2.1. 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 Leased Premises, Common Areas, or Building. (2) 12.2.2. Tenant shall indemnify, defend and save Landlord and Xxxxxxxx's lender, if any, harmless from any and all of the claims, 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 SubstancesSubstances or the release thereof in or about the Leased Premises during the term of this Lease. (3) 12.2.3. Upon Tenant's default under this Section 8Paragraph 12, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) 12.2.3.1. At Landlord's option, to terminate this Lease immediatelyfor default as provided in Article 22; and/orand (ii) 12.2.3.2. 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 parties, and XxxxxxxxLandlord's attorneys' fees and costs.

Appears in 1 contract

Samples: Commercial Lease (Primex Technologies Inc)

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 XxxxxxxxLandlord'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 XxxxxxxxLandlord'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 XxxxxxxxLandlord's attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease Agreement (F5 Networks Inc)

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