Environmental Indemnification and Hold Harmless. (a) Mortgagor agrees to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, demands, judgments, settlements, damages, actions, causes of action, injuries, administrative orders, consent agreements and orders, liabilities, penalties, costs, including but not limited to any cleanup costs, mediation costs, response costs, and all expenses of any kind whatsoever, including claims arising out of loss of life, injury to persons, property, or business or damage to natural resources in connection with the activities of Mortgagor, its predecessors in interest, third parties who have trespassed on the Mortgaged Property, or parties in a contractual relationship with Mortgagor, or any of them, whether or not occasioned wholly or in part by any condition, accident or event caused by any act or omission of Indemnified Parties, which:
(i) Arises out of the actual, alleged or threatened migration, spill, xxxxx, pour, empty, inject, discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances, including any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste (including materials to be recycled, reconditioned or reclaimed); or
(ii) Actually or allegedly arises out of the use, specification, or inclusion of any product, material or process containing chemicals, the failure to detect the existence or proportion of chemicals in the soil, air, surface water or ground water, or the performance or failure to perform the abatement of any pollution source or the replacement or removal of any soil, water, surface water, or ground water containing chemicals.
(iii) Arises out of the breach of any covenant, warranty, or representation of Mortgagor as it relates to the provisions of this Section 4.10.
(iv) Arises out of a judicial or administrative action brought pursuant to any Environmental Law that relates to the Mortgaged Property.
(b) Mortgagor, its successors and assigns, shall bear, pay and discharge when and as the same become due and payable, any and all such judgments or claims for damages, penalties or otherwise against Indemnified Parties, shall hold Indemnified Parties harmless for those judgment or claims, and shall assume the burden and expense of defending all suits, administrative proceedings, and negotiations of any description with any and all persons, political subdivis...
Environmental Indemnification and Hold Harmless. Except as otherwise expressly provided in the Purchase and Sale Agreement dated January 20, 2005, between Georgia- Pacific as seller and the Port of Bellingham as buyer, after January 20, 2005, Georgia-Pacific shall indemnify and hold the Port harmless from any and all claims, demands, judgments, orders, or damages resulting from hazardous substances discharged onto the Property by Georgia-Pacific, its employees, contractors or sub-contractors in connection with the demolition or disposal activities contemplated herein. The term “hazardous substances,” as used herein, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 2080, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxics Control Act, RCW 70.105D, all as amended and subject to all regulations promulgated thereunder.
Environmental Indemnification and Hold Harmless. On and after the Effective Date, and except with regard to the actions of Lessor, its employees or agents, Lessee shall indemnify and hold Lessor harmless from any and all claims, demands, judgments, orders, or damages resulting from hazardous substances discharged onto the Premises by Lessee, its employees, or agents, subtenants, or any other person or entity on Premises during the term of this Lease. It is the intent of the parties that Lessee shall be responsible and shall hold Lessor harmless from any hazardous substances that are discharged onto Lessor’s property or the Premises during the term of this Lease or any renewal thereto. The term “hazardous substances,” as used herein, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 2080, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxics Control Act, RCW 70.105D, all as amended and subject to all regulations promulgated thereunder.
Environmental Indemnification and Hold Harmless. SELLERS, and their respective successors and assigns (collectively, "Indemnitor"), shall each protect, exonerate, indemnify, defend and hold harmless, for a period of one year from the Closing Date PURCHASER, its employees, directors, officers, agents, heirs, personal representatives, successors and assigns (each individually and all collectively, an "Indemnitee"), from and against any and all liabilities, losses, claims, demands, requests for investigation, remediation or corrective action, penalties, fines, settlements, damages (including foreseeable and unforeseeable consequential damages and punitive damages), response, remedial, or inspection costs, and any expenses (including, without limitation, attorney and consultant fees, laboratory costs, and litigation costs) of whatever kind or nature, known or unknown, contingent or otherwise, which are incurred by or asserted against Indemnitee after the date of Closing this Agreement and which arise prior to Closing from or are alleged to arise from (1) the presence of any Hazardous Materials in, on or under the Business Assets including, without limitation, the improvements thereon and the soils and ground water thereof, (2) the migration of any Hazardous Materials onto the Business Assets from any other property or onto any other property from the Business Assets (3) the disposal or release of Hazardous Materials on, in or under the Business Assets by any person or entity, whether known or unknown, suspected or unsuspected, or foreseen or unforeseen as of the date hereof, (4) the removal, treatment, remediation, or disposal of any Hazardous Materials on or from the Business Assets, and (5) any personal injuries or property damages, real or personal, any violations of any Environmental Law, and any lawsuit brought or threatened, settlement reached, or governmental order arising out of or alleged to arise out of the presence of any Hazardous Materials on, in, or under the Business Assets or the migration of any Hazardous Materials onto any other property from the Business Assets which arise prior to the final Closing of this transaction.
