Environmental Damages. Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys' fees and disbursements and consultants' and witnesses' fees, any of which are incurred at any time as a result of the existence of Hazardous Material upon, about, beneath the premises or migrating or threatening to migrate to or from the premises, or the existence of a violation of Environmental Requirements pertaining to the premises, including without limitation:
(a) Damages for personal injury, or injury to property or natural resources occurring upon or off of the premises, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition and rebuilding of any improvements on real property, interest and penalties including but not limited to claims brought by or on behalf of employees of Tenant;
(b) Reasonable fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision or court, or reasonably necessary to make full economic use of the premises and any other property in a manner consistent with its current use or otherwise expended in connection with such conditions, and including without limitation any attorneys' fees, costs and expenses incurred in enforcing this agreement or collecting any sums due hereunder;
(c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced herein; and
(d) Diminution in the value of the premises and adjoining property, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space o...
Environmental Damages. A reasonable basis shall exist for the assertion against the Borrower or any of its Subsidiaries or any predecessor in interest of the Borrower or any of its Subsidiaries of (or there shall have been asserted against the Borrower or any of its Subsidiaries) any claims or liabilities, whether accrued, absolute or contingent, based on or arising from the generation, storage, transport, handling or disposal of Hazardous Materials by the Borrower or any of its Subsidiaries or predecessors thereof that, in the judgment of the Required Lenders, are reasonably likely to be determined adversely to the Borrower or such Subsidiary and the amount payable as a result thereof has a Material Adverse Effect (after deducting such amounts that are reasonably expected to be paid by other creditworthy Persons jointly and severally liable therefor); or
Environmental Damages. Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys’ fees and disbursements and consultants’ and witnesses’ fees, any of which are incurred at any time as a result of the existence of Hazardous Material upon, about, beneath the Demised Premises or migrating or threatening to migrate to or from the Demised Premises, or the existence of a violation of Environmental Requirements pertaining to the Demised Premises.
Environmental Damages. The term "Environmental Damages" shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys' fees and disbursements and consultants' fees, any of which are incurred at any time as a result of:
Environmental Damages a. Lessee, its successors and assigns, agrees to indemnify, defend, reimburse and hold harmless:
i. Lessors; and
ii. The heirs, devisees, successors and assigns of such persons;
1. From and against any and all “Environmental Damages” arising from the presence of “Hazardous Materials” upon, about or beneath the Property, or migrating or threatening to migrate from the Property, or arising in any manner whatsoever out of the violation of any “Environmental Requirements” pertaining to the Property, which presence, migration, threatened migration, or violation was caused by Lessee and the activities thereon from the commencement date of the initial term of the original lease between the parties through the date of termination of this Lease, or the breach of any warranty or covenant, or the inaccuracy of any representation of Lessee contained in the Lease. As used herein, the above-quoted terms have the meanings set forth in Part 2 of this Exhibit, below.
b. This obligation shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel approved by the indemnified parties, which approval shall not be unreasonably withheld), even if such claims, suits or proceedings are groundless, false or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. Lessors, at their sole expense, may employ additional counsel of their choice to associate with counsel representing Lessee. Such counsel shall have no control over the indemnitor’s counsel.
c. The obligations of Lessee in this paragraph shall survive for a period of ten (10) years following the expiration or earlier termination of the Lease, the discharge of all other obligations owed by the parties to each other, any prior transfer of title to the Property (whether by sale, foreclosure, deed in lieu of foreclosure, or otherwise), and any prior foreclosure on the Property. Upon expiration or earlier termination of the Lease, Lessee shall provide a copy of any environmental assessment(s) performed on the Property to either Lessors or their successors as the case may be.
Environmental Damages. Environmental Damages means all claims, judgments, injuries, damages (including without limitation damages for diminution in the value of the Leased Premises and adjoining property and for the loss of business from the Leased Premises and adjoining property), losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, and of any good faith settlement of judgment, or whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultants' fees, any of which are incurred at any time as a result of the existence of "Hazardous Material" upon, about, beneath the Leased Premises or migrating or threatening to migrate to or from the Leased Premises or the existence of a violation of "Environmental Requirements" pertaining to the Leased Premises.
Environmental Damages. 10.1. HJHansen is not liable for any environmental damages caused by the Supplier’s improper use of materials belonging to HJHansen.
10.2. In order to avoid environmental damages, HJHansen’s storage boxes, containers, and other receptacles may only be used for those materials indicated by HJHansen, and only for those purposes which the materials are intended for. Furthermore, HJHansen’s other instructions regarding placement, filling, handling etc. must be observed.
10.3. Before use, the Supplier shall check that the material provided to the Supplier by HJHansen is in a usable condition as is generally required in order to use the material in a responsible manner. Insofar as the Supplier has identified that the material is not in a usable condition (including insufficiently cleaned), including not being of such quality as is generally required for use of the material, the Supplier shall notify HJHansen in writing immediately and before any use.
10.4. The Supplier bears the burden of proof that he has undertaken such checks.
10.5. Insofar as the Supplier cannot document that he has checked the materials in accordance with Sec. 10.3 before using them, or insofar as the Supplier has identified damages to the materials and has not informed HJHansen of such before using the materials, the Supplier shall be liable with respect to HJHansen for any and all losses which HJHansen may suffer as a result of the material provided by HJHansen causing environmental damages.
Environmental Damages. “Environmental Damages” means all claims, suits, judgments, damages, losses, penalties, fines, sanctions, liabilities, encumbrances, lost profits, consequential damages, interest, remediation costs, investigation costs, court coats liens, fees, costs and expenses of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation: (i) damages for personal injury, or for injury to property or natural resources occurring on or off the Premises, including, without limitation, interest and penalties, and claims brought by or on behalf of employees of Tenant, with respect to which Tenant waives any immunity to which it may be entitled under any industrial or workers’ compensation laws; (ii) fees and costs incurred for the service of attorneys, consultants, contractors, experts, and laboratories; for the preparation of any feasibility studies or reports; for the performance of any investigation, remediation, removal, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision; or for making full economic use of the Premises or other property; (iii) liabilities to any third person or governmental agency; and (iv) diminution of the value of the Premises or the Property.
Environmental Damages. Environmental Damages means all claims, judgments, injuries, damages (including without limitation damages for diminution in the value of the Premises and adjoining property and for the loss of business from the Premises and adjoining property), losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys' fees and disbursements and consultants' fees, any of which are incurred at any time as a result of the existence of "Hazardous Material" upon, about, beneath the Premises or migrating or threatening to migrate to or from the Premises or the existence of a violation of "Environmental Requirements" pertaining to the Premises.
Environmental Damages. Environmental Damages means all claims, judgments, injuries, damages (including without limitation damages for diminution in the value of the Premises and adjoining property and for the loss of business from the Premises and adjoining property), losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys' fees and disbursements and consultants' fees, any of which are incurred at any time as a result of the existence of "Hazardous Material" upon, about, beneath the Premises or migrating or threatening to migrate to or from the Premises or the existence of a violation of "Environmental Requirements" pertaining to the Premises.
38.2 Obligation To Indemnify, Defend And Hold Harmless.
38.2.1 Lessee, its successors, assigns and guarantors, agree to indemnify, defend, reimburse and hold harmless the following persons from and against any and all "Environmental Damages" arising from activities of Lessee or its employees, agents, or invitees which (a) result in the presence of "Hazardous Materials" upon, about or beneath the Premises or migrating to or from the Premises, or (b) result in the violation of any "Environmental Requirements" pertaining to the Premises and the activities thereon:
(i) Lessor;
(ii) any other person who acquires a portion of the Premises in any manner, including but not limited to through purchase, at a foreclosure sale or otherwise through the exercise of the rights and remedies of Lessor under this Agreement; and
(iii) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns and invitees of such persons.
