Common use of Environmental Damages Clause in Contracts

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. a. LesseeEnvironmental Damages means all claims, its successors judgments damages, losses, penalties, fines, liabilities (including strict liability) encumbrances, liens, costs, and assignsexpenses of investigation and defense of any claims, agrees to indemnifywhether or not such claim is ultimately defeated, defendand of any good faith settlement of judgment, reimburse of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys' fees and hold harmless: i. Lessors; and ii. The heirsdisbursements and consultants' fees, devisees, successors and assigns any of such persons; 1. From and against which are incurred at any and all “Environmental Damages” arising from time as a result of the presence existence of “"Hazardous Materials” " upon, about or about, beneath the Property, Premises or migrating or threatening to migrate to or from the PropertyPremises, or arising in any manner whatsoever out the existence of a violation of "Environmental Requirements" pertaining to the Premises, regardless of whether the existence of such "Hazardous Materials" or the violation of any “"Environmental Requirements” pertaining " arose prior to the Propertypresent operation of the Premises, which presence, migration, threatened migrationand including without limitation: 1. Damages for personal injury, or violation was caused by Lessee and the activities thereon from the commencement date injury to property or natural resources occurring upon or off of the initial term Premises, (foreseeable or unforeseeable), including, without limitation, lost profits, consequential damages, the cost of the original lease between the parties through the date of termination of this Lease, or the breach demolition and rebuilding of any warranty improvements on real property, interest and penalties; 2. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or covenant, remediation of such "Hazardous Materials" or the inaccuracy violation 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"Environmental Requirements" including, but not be limited to, the burden and expense preparation of defending all claimsany feasibility studies or reports or the performance of any cleanup, suits and administrative proceedings (remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or reasonably necessary to make full economic use of the Premises or any other property or otherwise expended in connection 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 fraudulentconditions, and conducting all negotiations of including without limitation any descriptionattorneys' fees, costs and paying and discharging, when and as the same become due, expenses incurred in enforcing this agreement or collecting any and all judgments, penalties or other sums due against hereunder; and 3. Liability to any third person or governmental agency to indemnify such indemnified persons. Lessors, at their sole expense, may employ additional counsel of their choice to associate person or agency for costs expended in connection with counsel representing Lessee. Such counsel shall have no control over the indemnitor’s counsel. c. The obligations of Lessee items referenced 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.subparagraph 2 herein;

Environmental Damages. a. LesseeEnvironmental Damages means all claims, its successors judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and assignsexpenses of investigation and defense of any settlement or judgment, agrees to indemnifyof whatever kind or nature, defendcontingent or otherwise, reimburse matured or un-matured, foreseeable or unforeseeable, including, without limitation, reasonable attorneys' fees and hold harmless: i. Lessors; and ii. The heirsdisbursements and consultants' and witnesses' fees, devisees, successors and assigns any of such persons; 1. From and against which are incurred at any and all “Environmental Damages” arising from time as a result of the presence existence of “Hazardous Materials” Material upon, about about, or beneath the Property, Premises or migrating or threatening to migrate to or from the PropertyPremises, or arising in any manner whatsoever out the existence of the a violation of any “Environmental Requirements” Requirements pertaining to the PropertyPremises, which presence, migration, threatened migrationincluding without limitation: (a) Damages for personal injury, or violation was caused by Lessee injury to property or natural resources occurring upon or off the Premises, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition 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 rebuilding of any warranty or covenantimprovements on real property, or the inaccuracy of any representation of Lessee contained in the Lease. As used hereininterest, the above-quoted terms have the meanings set forth in Part 2 of this Exhibit, below. b. This obligation shall includeand penalties including, but not be limited to, claims brought by or on behalf of employees of Tenant; (b) 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 violation of Environmental Requirements including, but not limited to, the burden 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 expense of defending all claims, suits and administrative proceedings (any other property in the manner consistent with counsel approved by the indemnified parties, which approval shall not be unreasonably withheld), even if its current use or otherwise expended in connection with such claims, suits or proceedings are groundless, false or fraudulentconditions, and conducting all negotiations 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 rent-able or usable space or 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 amenity 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), Premises 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 beadjoining property.

Environmental Damages. a. LesseeEnvironmental Damages means all claims, its successors judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs and assignsexpenses of investigation and defense of any claim, agrees to indemnifywhether or not such claim is ultimately defeated, defendand of any good faith settlement or judgment, reimburse of whatever kind or nature, contingent or otherwise, matured or unmatured, including, without limitation, reasonable attorneys’ fees and hold harmless: i. Lessors; and ii. The heirsdisbursements and consultants’ fees, devisees, successors and assigns any of such persons; 1. From and against which are incurred at any and all “Environmental Damages” arising from time as a result of the presence existence of “Hazardous MaterialsMaterial” upon, about or about, beneath the Property, or migrating or threatening to migrate from the Property, or arising in any manner whatsoever out the existence of the a violation of any “Environmental Requirements” pertaining to the Property, and which presencehave been caused by the Lessee, migrationincluding, threatened migrationwithout limitation: i. Damages for personal injury, to property, or natural resources occurring upon or off the Property, including, without limitation, the cost of demolition and rebuilding of any improvements on real property, interest and penalties; ii. Fees reasonably 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 was caused 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 Lessee and any federal, state or local government agency or political subdivision or reasonably necessary to restore the activities thereon from Property to its condition at the commencement date of the initial term inception 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 otherwise expended 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 (connection 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 fraudulentconditions, and conducting all negotiations of any descriptionincluding, and paying and discharging, when and as the same become duewithout limitation, any attorneys’ fees, costs and all judgments, penalties expenses incurred in enforcing this Lease or other collecting any sums due against hereunder; and iii. Liability to any third person or governmental agency to reimburse or indemnify such indemnified persons. Lessors, at their sole expense, may employ additional counsel of their choice to associate persons or agency for costs expended in connection with counsel representing Lessee. Such counsel shall have no control over the indemnitor’s counselitems referenced in subparagraph (ii) above. 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.