Common use of Environmental Damages Clause in Contracts

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 or of any amenity of the premises and adjoining property.

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 litigated or defeated, and of any good faith settlement or 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' and witnesses' ’ fees, any of which are incurred at any time as a result of the existence use, storage, release, migration, or disposal of Hazardous Material uponMaterials on, aboutin, beneath under, or to the premises or migrating or threatening to migrate to or from the premises, Premises or the existence of a violation of Environmental Requirements pertaining to on the premisesPremises, and including without limitation: : (a) Damages damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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; with respect to which any party waives any immunity to which it may be entitled under any industrial or worker’s compensation laws; (b) Reasonable fees incurred for the services of attorneys, consultants, contractors, experts, and laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or in 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 restoration, or monitoring work required by any federal, state state, or local governmental agency or political subdivision or courtsubdivision, or reasonably necessary to make full economic use of the premises and Premises or 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 costs, and expenses incurred in enforcing this agreement Lease or collecting collection of any sums due hereunder; ; (c) Liability liability to any third person or governmental government agency to indemnify such person or agency for costs expended in connection with the items referenced hereinabove; and and (d) Diminution diminution in the value of the premises and adjoining propertyPremises, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the premises and adjoining propertyPremises.

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 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 or of any amenity of the premises and adjoining property.

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 unmaturednot matured, 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 Premises or migrating or threatening to migrate to or from the premisesPremises, or the existence of a violation of Environmental Requirements pertaining to the premisesPremises, including without limitation: (ai) Damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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; (bii) Reasonable fees 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 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; (ciii) 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 (div) Diminution in the value of the premises 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 or of any amenity of the premises Premises and adjoining property.

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 untimely defeated, and of any good faith settlement or 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' and witnesses' ’ fees, any of which are incurred at any time as a result of the existence Tenant’s use, storage, or disposal of Hazardous Material upon, about, beneath Materials on the premises or migrating or threatening to migrate to or from the premises, Premises or the existence of a violation of Environmental Requirements pertaining to on the premisesPremises, and including without limitation: : (a) Damages damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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; Tenant with respect to which Tenant waives any immunity to which it may be entitled under any industrial or worker’s compensation laws; (b) Reasonable fees incurred for the services of attorneys, consultants, contractors, experts, and laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or in 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 restoration, or monitoring work required by any federal, state state, or local governmental agency or political subdivision or courtsubdivision, or reasonably necessary to make full economic use of the premises and Premises or 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 costs, and expenses incurred in enforcing this agreement Lease or collecting collection of any sums due hereunder; ; (c) Liability liability to any third person or governmental government agency to indemnify such person or agency for costs expended in connection with the items Landlord’s Initials CZ Tenant’s Initials HZ referenced hereinabove; and and (d) Diminution diminution in the value of the premises and adjoining propertyPremises, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the premises and adjoining propertyPremises.

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 Premises or migrating or threatening to migrate to or from the premisesPremises, or the existence of a violation of Environmental Requirements pertaining to the premisesPremises, including without limitation: (a) Damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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 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 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 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 or of any amenity of the premises Premises and adjoining property.

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 untimely defeated, and of any good faith settlement or 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' and witnesses' ’ fees, any of which are incurred at any time as a result of the existence Tenant’s use, storage, or disposal of Hazardous Material upon, about, beneath Materials on the premises or migrating or threatening to migrate to or from the premises, Premises or the existence of a violation of Environmental Requirements pertaining to on the premisesPremises, and including without limitation: : (a) Damages damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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; Tenant with respect to which Tenant waives any immunity to which it may be entitled under any industrial or worker’s compensation laws; (b) Reasonable fees incurred for the services of attorneys, consultants, contractors, experts, and laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or in 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 restoration, or monitoring work required by any federal, state state, or local governmental agency or political subdivision or courtsubdivision, or reasonably necessary to make full economic use of the premises and Premises or 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 costs, and expenses incurred in enforcing this agreement Lease or collecting collection of any sums due hereunder; ; (c) Liability liability to any third person or governmental government agency to indemnify such person or agency for costs expended in connection with the items referenced hereinabove; and and (d) Diminution diminution in the value of the premises and adjoining propertyPremises, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the premises and adjoining propertyPremises.

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 ofthe existence of Hazardous Material upon, about, beneath the premises Premises or migrating or or-threatening to migrate to or from the premisesPremises, or the existence of a violation of Environmental Requirements pertaining to the premisesPremises, including without limitation:: 10 144652.3 (a) Damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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 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 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 Lease 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 and (d) Diminution in the value of the premises 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 or of any amenity of the premises Premises and adjoining property.

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 9 13 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 Premises or migrating or threatening to migrate to or from the premisesPremises, or the existence of a violation of Environmental Requirements pertaining to the premisesPremises, including without limitation: (a) Damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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 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 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 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 or of any amenity of the premises Premises and adjoining property.

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 Premises or migrating or threatening to migrate to or from the premisesPremises, or the existence of a violation of Environmental Requirements pertaining to the premisesPremises, including without limitation: (a) Damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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 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 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 Lease 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 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 or of any amenity of the premises Premises and adjoining property.

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 litigated or defeated, and of any good faith settlement or 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' and witnesses' ’ fees, any of which are incurred at any time as a result of the existence use, storage, release or disposal of Hazardous Material uponMaterials on, aboutin, beneath under, or to the premises or migrating or threatening to migrate to or from the premises, Premises or the existence of a violation of Environmental Requirements pertaining to on the premisesPremises, and including without limitation: : (a) Damages damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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; with respect to which any party waives any immunity to which it may be entitled under any industrial or worker’s compensation laws; (b) Reasonable fees incurred for the services of attorneys, consultants, contractors, experts, and laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or in 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 restoration, or monitoring work required by any federal, state state, or local governmental agency or political subdivision or courtsubdivision, or reasonably necessary to make full economic use of the premises and Premises or 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 costs, and expenses incurred in enforcing this agreement Lease or collecting collection of any sums due hereunder; ; (c) Liability DOCSSB/108279v20/100382-1006 liability to any third person or governmental government agency to indemnify such person or agency for costs expended in connection with the items referenced hereinabove; and and (d) Diminution diminution in the value of the premises and adjoining propertyPremises, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the premises and adjoining propertyPremises.

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 Premises or migrating or threatening to migrate to or from the premisesPremises, or the existence of a violation of Environmental Requirements pertaining to the premisesPremises, including without limitationincluding: (a) Damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, foreseeable or unforeseeable, including, without limitation, including 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 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 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 reasonable attorneys' fees, costs and expenses incurred in enforcing this agreement Lease 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 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 or of any amenity of the premises Premises and adjoining property.

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 untimely defeated, and of any good faith settlement or 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' and witnesses' ’ fees, any of which are incurred at any time as a result of the existence Tenant’s use, Landlord’s Initials Tenant’s Initials storage, or disposal of Hazardous Material upon, about, beneath Materials on the premises or migrating or threatening to migrate to or from the premises, Premises or the existence of a violation of Environmental Requirements pertaining to on the premisesPremises, and including without limitation: : (a) Damages damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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; Tenant with respect to which Tenant waives any immunity to which it may be entitled under any industrial or worker’s compensation laws; (b) Reasonable fees incurred for the services of attorneys, consultants, contractors, experts, and laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or in 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 restoration, or monitoring work required by any federal, state state, or local governmental agency or political subdivision or courtsubdivision, or reasonably necessary to make full economic use of the premises and Premises or 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 costs, and expenses incurred in enforcing this agreement Lease or collecting collection of any sums due hereunder; ; (c) Liability liability to any third person or governmental government agency to indemnify such person or agency for costs expended in connection with the items referenced hereinabove; and and (d) Diminution diminution in the value of the premises and adjoining propertyPremises, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the premises and adjoining propertyPremises.

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 untimely defeated, and of any good faith settlement or 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' and witnesses' ’ fees, any of which are incurred at any time as a result of the existence Tenant’s use, storage, or disposal of Hazardous Material upon, about, beneath Materials on the premises or migrating or threatening to migrate to or from the premises, Premises or the existence of a violation of Environmental Requirements pertaining to on the premisesPremises, and including without limitation: : (a) Damages damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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; Tenant with respect to which Tenant waives any immunity to which it may be entitled under any industrial or worker’s compensation laws; (b) Reasonable fees incurred for the services of attorneys, consultants, contractors, experts, and laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or in 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 restoration, or monitoring work required by any federal, state state, or local governmental agency or political subdivision or courtsubdivision, or reasonably Landlord’s Initials /s/ [ILLEGIBLE] Tenant’s Initials /s/ BD, /s/ BL necessary to make full economic use of the premises and Premises or 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 costs, and expenses incurred in enforcing this agreement Lease or collecting collection of any sums due hereunder; ; (c) Liability liability to any third person or governmental government agency to indemnify such person or agency for costs expended in connection with the items referenced hereinabove; and and (d) Diminution diminution in the value of the premises and adjoining propertyPremises, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the premises and adjoining propertyPremises.

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 Premises or migrating or threatening to migrate to or from the premisesPremises, or the existence of a violation of Environmental Requirements pertaining to the premisesPremises, including without limitation: (a) Damages for personal injury, or injury to property or natural resources occurring upon or off of the premisesPremises, 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 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 reasonable attorneys' fees, costs and expenses incurred in enforcing this agreement Lease 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 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 or of any amenity of the premises Premises and adjoining property.