Common use of Environmental Covenants Clause in Contracts

Environmental Covenants. Tenant shall comply with all environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “hazardous substances.” Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of hazardous substances caused by Tenant or its employees, agents, licensees and subcontractors, including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“CERCLA”), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend and hold harmless Tenant from and against any damages related to or arising from the presence of hazardous substances on the Property prior to the Commencement Date.

Environmental Covenants. a. The Tenant hereby agrees that all operations or activities upon, or any use or occupancy of the Premises, or any portion thereof, by the Tenant, or its permitted assignees or subtenants, and their respective agents, servants, employees, representatives, and contractors (collectively, the “Tenant Affiliates”), throughout the term of this Lease shall comply be in all respects in compliance with all environmental lawsApplicable Law then governing or in any way relating to the generation, ruleshandling, regulationsmanufacturing, statutes and ordinancestreatment, includingstorage, without limitationuse, those applicable to “hazardous substances.” transportation, release, spillage, leakage, dumping, discharge or disposal of any Hazardous Material. The Tenant shall unconditionally, absolutely absolutely, and irrevocably agree agrees to indemnify, defend defend, and hold harmless Landlord the Landlord, and its the Landlord’s officers, employees, agents, and contractors, from and against against, and to pay in full on demand by Landlord the Landlord, all loss, cost cost, and expense (including, without limitation, attorneys’ fees and disbursements and fees of other professionals advising the Landlord) of whatever nature suffered or incurred by the Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of hazardous substances any Hazardous Material, caused by Tenant the Tenant, or its the Tenant’s employees, agents, licensees and subcontractorslicensees, includingsubtenants, or contractors, or attributable to the Tenant’s use of the Premises. This obligation to indemnify shall include, without limitation, any claims, costs, losses, liabilities liabilities, and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against the Tenant, Landlord the Landlord, or the Leased Premises based upon nuisance, negligence negligence, or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation transportation, or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, Hazardous Material or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“CERCLA”), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on the Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend and hold harmless Tenant from and against any damages related to or arising from the presence of hazardous substances on the Property prior to the Commencement DateHazardous Material.

Environmental Covenants. Tenant State and TDI-NE shall comply with all applicable environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “"hazardous substances.” Tenant " (as defined below). To the extent that the release or discharge from the Premises, of hazardous substances (meaning any substance, material or waste regulated under any environmental law defined below) is caused by TDI-NE or its respective employees, agents, licensees, and subcontractors after the Commencement Date, then TDI-NE shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord the State and its officers, employees, agents, and contractors, from and against and to pay in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ ' fees and disbursements and fees of other professionals advising Landlordthe State) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of hazardous substances caused by Tenant or its employees, agents, licensees and subcontractorsState, including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises State based upon such release or discharge of hazardous substances at the Premises after the Commencement Date, whether based on nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant TDI-NE or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“"CERCLA”"), and or the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on Landlord State due to the existence of hazardous substances caused by Tenant TDI-NE or its employees, agents, licensees and subcontractors. As Tenant occupied Notwithstanding the Property as owner of foregoing, the Property prior to State shall take full responsibility for any and all outstanding environmental issues on the Commencement DatePremises, Landlord shall not be required to indemnify, defend and hold harmless Tenant from and against any damages related to or arising from the presence existence of hazardous substances on the Property Premises, and for the release or discharge of hazardous substances to or from the Premises at any time prior to the Commencement Datedate that TDI-NE accesses the Premises pursuant to the Permit or the Lease Agreement, whichever is sooner. State shall also take full responsibility for any releases of hazardous substances or any violation (or claimed violation) of any environmental laws or the institution of any action based upon such release or discharge of hazardous substances caused by the State during the Initial Term or any Extension Term of the Lease.

Environmental Covenants. Tenant shall comply Comply with all applicable Environmental Laws, and maintain all permits, licenses and approvals required under applicable Environmental Laws, where the failure to do so could have a Material Adverse Effect. Promptly notify Bank, in writing, as soon as Borrower becomes aware of any condition or circumstance which makes any of the environmental lawsrepresentations or warranties set forth in this Agreement incomplete, rulesincorrect or inaccurate in any material respect as of any date; and promptly provide to Bank, regulationsimmediately upon receipt thereof, statutes and ordinancescopies of any material correspondence, includingnotice, without limitationpleading, those citation, indictment, complaint, order, decree, or other document from any source asserting or alleging a violation of any Environmental Law by any Loan Party, or of any circumstance or condition which requires or may require, a financial contribution by any Loan Party, or a clean-up, removal, remedial action or other response by or on behalf of any Loan Party, under applicable to “hazardous substances.” Tenant shall unconditionallyEnvironmental Law, absolutely and irrevocably agree or which seeks damages or civil, criminal or punitive penalties from any Loan Party or any violation or alleged violation of any Environmental Law. Borrower hereby agrees to indemnify, defend and hold harmless Landlord Bank, and its any of Bank’s past, present and future officers, directors, shareholders, employees, agentsrepresentatives and consultants, harmless from any and contractorsall claims, from losses, damages, suits, penalties, costs, liabilities, obligations and against and to pay in full on demand by Landlord all loss, cost and expense expenses (including, without limitation, reasonable legal expenses and attorneys’ fees and disbursements and fees fees, whether inside or outside counsel is used) incurred or arising out of other professionals advising Landlord) any claim, loss or damage of whatever nature suffered any property, injuries to or incurred by Landlord on account death of the existence any persons, contamination of or adverse effects on the Leased Premisesenvironment, or the release or discharge from the Leased Premisesother violation of any applicable Environmental Law, of hazardous substances in any case, caused by Tenant any Loan Party or in any way related to any property owned or operated by any Loan Party or due to any acts of any Loan Party or any of its officers, directors, shareholders, employees, agentsconsultants and/or representatives INCLUDING ANY CLAIMS, licensees LOSSES, DAMAGES, SUITS, PENALTIES, COSTS, LIABILITIES, OBLIGATIONS OR EXPENSES, RESULTING FROM BANK’S OWN NEGLIGENCE; provided however, that the foregoing indemnification shall not be applicable, and subcontractorsBorrower shall not be liable for any such claims, includinglosses, without limitationdamages, any claimssuits, penalties, costs, lossesliabilities, liabilities and expenses arising obligations or expenses, to the extent (but only to the extent) the same arise or result from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, gross negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment willful misconduct of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“CERCLA”), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, Bank or any other laws pursuant to which a lien of its agents or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend and hold harmless Tenant from and against any damages related to or arising from the presence of hazardous substances on the Property prior to the Commencement Date.

Environmental Covenants. Tenant shall comply Comply with all applicable Environmental Laws, and maintain all permits, licenses and approvals required under applicable Environmental Laws, where the failure to do so could have a Material Adverse Effect. Promptly notify Bank, in writing, as soon as Borrower becomes aware of any condition or circumstance which makes any of the environmental lawsrepresentations or warranties set forth in this Agreement incomplete, rulesincorrect or inaccurate in any material respect as of any date; and promptly provide to Bank, regulationsimmediately upon receipt thereof, statutes and ordinancescopies of any material correspondence, includingnotice, without limitationpleading, those citation, indictment, complaint, order, decree, or other document from any source asserting or alleging a violation of any Environmental Law by any Loan Party, or of any circumstance or condition which requires or may require, a financial contribution by any Loan Party, or a clean-up, removal, remedial action or other response by or on behalf of any Loan Party, under applicable to “hazardous substances.” Tenant shall unconditionallyEnvironmental Law, absolutely and irrevocably agree or which seeks damages or civil, criminal or punitive penalties form any Loan Party or any violation or alleged violation of any Environmental Law. Borrower hereby agrees to indemnify, defend and hold harmless Landlord Bank, and its any of Bank's past, present and future officers, directors, shareholders, employees, agentsrepresentatives and consultants, harmless form any and contractorsall claims, from losses, damages, suits, penalties, costs, liabilities, obligations and against and to pay in full on demand by Landlord all loss, cost and expense expenses (including, without limitation, reasonable legal expenses and attorneys’ fees and disbursements and fees ' fees, whether inside or outside counsel is used) incurred or arising out of other professionals advising Landlord) any claim, loss or damage of whatever nature suffered any property, injuries to or incurred by Landlord on account death of the existence any persons, contamination of or adverse effects on the Leased Premisesenvironment, or the release or discharge from the Leased Premisesother violation of any applicable Environmental Law, of hazardous substances in any case, caused by Tenant any Loan Party or in any way related to any property owned or operated by any Loan Party or due to any acts of any Loan Party or any of its officers, directors, shareholders, employees, agentsconsultants and/or representatives INCLUDING ANY CLAIMS, licensees LOSSES, DAMAGES, SUITS, PENALTIES, COSTS, LIABILITIES, OBLIGATIONS OR EXPENSES, RESULTING FROM BANK'S OWN NEGLIGENCE; provided however, that the foregoing indemnification shall not be applicable, and subcontractorsBorrowers shall not be liable for any such claims, includinglosses, without limitationdamages, any claimssuits, penalties, costs, lossesliabilities, liabilities and expenses arising obligations or expenses, to the extent (but only to the extent) the same arise or result from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, gross negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment willful misconduct of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“CERCLA”), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, Bank or any other laws pursuant to which a lien of its agents or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend and hold harmless Tenant from and against any damages related to or arising from the presence of hazardous substances on the Property prior to the Commencement Date.

Environmental Covenants. Tenant shall comply Comply with all applicable Environmental Laws, and maintain all permits, licenses and approvals required under applicable Environmental Laws, where the failure to do so could have a Material Adverse Effect. Promptly notify Bank, in writing, as soon as Borrower becomes aware of any condition or circumstance which makes any of the environmental lawsrepresentations or warranties set forth in this Agreement incomplete, rulesincorrect or inaccurate in any material respect as of any date; and promptly provide to Bank, regulationsimmediately upon receipt thereof, statutes and ordinancescopies of any material correspondence, includingnotice, without limitationpleading, those citation, indictment, complaint, order, decree, or other document from any source asserting or alleging a violation of any Environmental Law by any Loan Party, or of any circumstance or condition which requires or may require, a financial contribution by any Loan Party, or a clean-up, removal, remedial action or other response by or on behalf of any Loan Party, under applicable to “hazardous substances.” Tenant shall unconditionallyEnvironmental Law, absolutely and irrevocably agree or which seeks damages or civil, criminal or punitive penalties from any Loan Party or any violation or alleged violation of any Environmental Law. Borrower hereby agrees to indemnify, defend and hold harmless Landlord Bank, and its any of Bank's past, present and future officers, directors, shareholders, employees, agentsrepresentatives and consultants, harmless from any and contractorsall claims, from losses, damages, suits, penalties, costs, liabilities, obligations and against and to pay in full on demand by Landlord all loss, cost and expense expenses (including, without limitation, reasonable legal expenses and attorneys’ fees and disbursements and fees ' fees, whether inside or outside counsel is used) incurred or arising out of other professionals advising Landlord) any claim, loss or damage of whatever nature suffered any property, injuries to or incurred by Landlord on account death of the existence any persons, contamination of or adverse effects on the Leased Premisesenvironment, or the release or discharge from the Leased Premisesother violation of any applicable Environmental Law, of hazardous substances in any case, caused by Tenant any Loan Party or in any way related to any property owned or operated by any Loan Party or due to any acts of any Loan Party or any of its officers, directors, shareholders, employees, agentsconsultants and/or representatives INCLUDING ANY CLAIMS, licensees LOSSES, DAMAGES, SUITS, PENALTIES, COSTS, LIABILITIES, OBLIGATIONS OR EXPENSES, RESULTING FROM BANK'S OWN NEGLIGENCE; provided however, that the foregoing indemnification shall not be applicable, and subcontractorsBorrower shall not be liable for any such claims, includinglosses, without limitationdamages, any claimssuits, penalties, costs, lossesliabilities, liabilities and expenses arising obligations or expenses, to the extent (but only to the extent) the same arise or result from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, gross negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment willful misconduct of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“CERCLA”), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, Bank or any other laws pursuant to which a lien of its agents or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend and hold harmless Tenant from and against any damages related to or arising from the presence of hazardous substances on the Property prior to the Commencement Date.

Environmental Covenants. Tenant shall comply with all environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “"hazardous substances.” " Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ ' fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of "hazardous substances caused by Tenant or its employees, agents, licensees and subcontractors, substances," including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“"CERCLA”"), and the Vermont Waste Management Statutes, Vt. Stat. XxxAnn. Title 10, Ch. 159, or any other laws pursuant to which a lien or xx liability may be imposed on Landlord (together, the "Hazardous Waste Liabilities") due to the existence of hazardous substances substances, caused by Tenant or its employees, agents, licensees licensees, subtenants, and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend and hold harmless Tenant and its officers, employees, agents, and contractors, from and against any damages related to Hazardous Waste Liabilities suffered by Tenant which are caused by Landlord, or arising from the presence of hazardous substances on the Property prior to the Commencement DateLandlord's employees, agents, licensees or subcontractors.

Environmental Covenants. Tenant Lessee agrees it shall comply with not use, generate, manufacture, store or dispose of, in, under or about the Premises or transport to or from the Premises any Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall include, but shall not be limited to (i) flammable, explosive or radioactive materials, hazardous wastes, toxic substances or related materials, (ii) all environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “substances defined as "hazardous substances.” Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay ," "hazardous materials," or "toxic substances" in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of hazardous substances caused by Tenant or its employees, agents, licensees and subcontractors, including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. &9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. &1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. &6901, et seq.; and (iii) all substances defined as amended "hazardous wastes" in Arizona Revised Statutes &49-201 (“CERCLA”16). In the event of a breach of this covenant, which is not remedied within five (5) days of written demand, Lessor may enter the Premises and take any action necessary to remedy such breach and to xxxxx, contain, or otherwise limit any environmental risk or damage arising from such breach, and the Vermont Waste Management Statutescosts of such action shall be payable to Lessee immediately upon demand from Lessor. Lessee shall be solely responsible for, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend indemnify and hold harmless Tenant Lessor and its successors and assigns for, from and against any damages related to loss, damage, cost, expense or liability directly or indirectly arising from the presence out of hazardous substances on the Property prior or attributable to the Commencement Dateuse, generation, storage, release, threatened release, discharge, or disposal by Lessee or its agents, employees, or invitees of Hazardous Materials on, under or about the Premises arising subsequent to the date on which this Lease was executed, including without limitation: (1) all foreseeable consequential damages; (b) the costs of any required or necessary repairs, cleanup or detoxification of the Premises, and the preparation and implementation of any closure, remediation or other required plans; and (c) all reasonable costs and expenses incurred by Lessor in connection with clauses (a) and (b), including but not limited to reasonable attorneys' fees.

Environmental Covenants. Tenant shall comply with all environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “hazardous substances.” (as defined below). Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of hazardous substances (meaning any substance, material or waste regulated under any environmental law defined below) caused by Tenant or its employees, agents, licensees and subcontractorssubcontractors after the Commencement Date, including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“CERCLA”), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied Notwithstanding the Property as owner of foregoing, Landlord shall take full responsibility for any and all outstanding environmental issues on the Property Leased Premises prior to the Commencement Datedate of this Lease Agreement and the existence on the Leased Premises, Landlord shall not be required to indemnify, defend and hold harmless Tenant from and against any damages related to or arising the release or discharge from the presence Leased Premises, of hazardous substances on the Property prior to the Commencement Datedate of this Lease Agreement.

Environmental Covenants. Tenant Lessee agrees it shall comply with not use, generate, manufacture, store or dispose of, in, under or about the Premises or transport to or from the Premises any Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall include, but shall not be limited to (i) flammable, explosive or radioactive materials, hazardous wastes, toxic substances or related materials, (ii) all environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “substances defined as "hazardous substances.” Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay ," "hazardous materials," or "toxic substances" in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of hazardous substances caused by Tenant or its employees, agents, licensees and subcontractors, including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; and (iii) all substances defined as amended "hazardous wastes" in Arizona Revised Statutes Section 49-201 (“CERCLA”16). In the event of a breach of this covenant, which is not remedied within five (5) days of written demand, Lessor may enter the Premises and take any action necessary to remedy such breach and to abate, contain, or otherxxxx limit any environmental risk or damage arising from such breach, and the Vermont Waste Management Statutescosts of such action shall be payable by Lessee immediately upon demand from Lessor. Lessee shall be solely responsible for, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend indemnify and hold harmless Tenant Lessor and its successors and assigns for, from and against any damages related to loss, damage, cost, expense or liability directly or indirectly arising from the presence out of hazardous substances on the Property prior or attributable to the Commencement Dateuse, generation, storage, release, threatened release, discharge, or disposal by Lessee or its agents, employees, or invitees of Hazardous Materials on, under or about the Premises arising subsequent to the date on which this Lease was executed, including without limitation: (a) all foreseeable consequential damages; (b) the costs of any required or necessary repairs, cleanup or detoxification of the Premises, and the preparation and implementation of any closure, remediation or other required plans; and (c) all reasonable costs and expenses incurred by Lessor in connection with clauses (a) and (b), including but not limited to reasonable attorneys' fees.

Environmental Covenants. Tenant shall comply with all environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “"hazardous substances.” " Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ ' fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of "hazardous substances substances" caused by Tenant or its employees, agents, licensees and subcontractorssubcontractors after the commencement date of this Lease, including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“"CERCLA”"), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied acknowledges that the Property Premises are part of a larger 29.2 acre area of land that has been designated as owner an inactive hazardous waste disposal site and listed by the New York State Department of Environmental Conservation in the Registry of Inactive Hazardous Waste Disposal Sites in New York State as Site Number 6-45-022 (the "WSI Site"). Portions of the Property prior WSI Site have been found to the Commencement Date, Landlord shall not be required to indemnify, defend contaminated with PCB's heavy metals and hold harmless Tenant from and against any damages related to or arising from the presence of hazardous substances on the Property prior to the Commencement Datepetroleum residuals.

Environmental Covenants. Tenant shall comply with all environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “"hazardous substances.” " Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ ' fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of "hazardous substances caused by Tenant or its employees, agents, licensees and subcontractors, substances," including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“"CERCLA”"), and the Vermont Waste Management Statutes, Vt. Stat. XxxAnn. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability xxability may be imposed on Landlord (together, the "Hazardous Waste Liabilities") due to the existence of hazardous substances substances, caused by Tenant or its employees, agents, licensees licensees, subtenants, and subcontractors. As Tenant occupied the Property as owner of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend and hold harmless Tenant and its officers, employees, agents, and contractors, from and against any damages related to Hazardous Waste Liabilities suffered by Tenant which are caused by Landlord, or arising from the presence of hazardous substances on the Property prior to the Commencement DateLandlord's employees, agents, licensees or subcontractors.

Environmental Covenants. Tenant shall comply with all ----------------------- environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “"hazardous substances.” " Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ ' fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased Premises, or the release or discharge from the Leased Premises, of "hazardous substances caused by Tenant or its employees, agents, licensees and subcontractors, substances," including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against Tenant, Landlord or the Leased Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“"CERCLA”"), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on Landlord due to the existence of hazardous substances substances, caused by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied Tenant's obligations to indemnify Landlord under this provision shall survive the Property as owner terminatinon of the Property prior this Lease by expiration or otherwise. Landlord covenants that to the Commencement Datebest of its knowledge and belief, Landlord shall not be required to indemnify, defend and hold harmless Tenant the Leased Premises are free from and against any damages related to or arising from the presence of all hazardous substances and that there are no underground storage tanks on the Property prior to the Commencement DateLeased Premises.

Environmental Covenants. Tenant shall comply with all environmental laws, rules, regulations, statutes and ordinances, including, without limitation, those applicable to “"hazardous substances.” " (as defined below). Tenant shall unconditionally, absolutely and irrevocably agree to indemnify, defend and hold harmless Landlord and its officers, employees, agents, and contractors, from and against and to pay in full on demand by Landlord all loss, cost and expense (including, without limitation, attorneys’ ' fees and disbursements and fees of other professionals advising Landlord) of whatever nature suffered or incurred by Landlord on account of the existence on the Leased PremisesLand, or the release or discharge from the Leased PremisesLand, of hazardous substances (meaning any substance, material or waste regulated under any environmental law defined below) caused by Tenant or its employees, agents, licensees and subcontractorssubcontractors after the Commencement Date, including, without limitation, any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any environmental laws or the institution of any action by any party against TenantTenant or Landlord, Landlord or the Leased Premises Land based upon nuisance, negligence or other tort theory alleging liability due to the Tenant’s improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by Tenant or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Leased Premises Land under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“"CERCLA”"), and the Vermont Waste Management Statutes, Vt. Stat. Xxx. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on Landlord due to the existence of hazardous substances by Tenant or its employees, agents, licensees and subcontractors. As Tenant occupied Tenant's obligations and covenants under this Section 47 shall survive the Property as owner termination or expiration of the Property prior to the Commencement Date, Landlord shall not be required to indemnify, defend and hold harmless Tenant from and against any damages related to or arising from the presence of hazardous substances on the Property prior to the Commencement Datethis Lease Agreement.