Common use of ENVIRONMENTAL INDEMNIFICATION AND REIMBURSEMENT Clause in Contracts

ENVIRONMENTAL INDEMNIFICATION AND REIMBURSEMENT. 1. Notwithstanding any other provision to the contrary, and without limiting any other indemnity in this Contract, Contractor agrees to indemnify, defend, and hold harmless Owner, its past, present or future directors, officers, members, agents and employees, and the Cities and their respective councils, council members, agents, and employees ("Environmental Indemnitees"), from and against any and all claims, demands, penalties, fines, suits, actions, administrative proceedings (including formal and informal enforcement), government orders, judgments, loss, damages, liabilities, costs, and expenses (including but not limited to reasonable and documented attorneys' and consultants' fees and expenses, litigation costs, expert witness fees, and expenses of investigation, removal, remediation, or other required plan, report, or response action) when incurred and whether incurred in defense of actual litigation or in reasonable anticipation of litigation to the extent resulting from: (i) the breach by Contractor of any representation or warranty made in this Contract; or (ii) the failure of Contractor to meet its obligations under this Contract in a full and timely manner, whether caused by Contractor or any third party under Contractor’s direction or control; or (iii) documented loss by any Environmental Indemnitee(s) from any Environmental Impact Claim, to the extent caused by the operations, activities, action or inaction of Contractor or its subcontractors, employees, agents, licensees, or other parties under Contractor's direction or control, at the Airport, or at other property at the Airport used by Contractor but which is not subject to a lease, sublease or other legal agreement governing Contractor’s use of such property, during the term of this Contract. 2. In the event Owner undertakes any action, including but not limited to response or corrective action, repairs, or remediation, in the exercise of its rights with respect to Contractor under this Contract, Contractor shall reimburse OWNER, upon reasonable written notice by Owner, for all reasonable and documented costs that Owner incurs in association with such action, including but not limited to consultants' fees, contractors' fees, reasonable attorneys' fees and expenses, and expenses of investigation, repair, response or corrective action and remediation. 3. Notwithstanding any other provision to the contrary, and to the extent permitted by law, Contractor agrees to indemnify and hold harmless Owner and its directors, officers, agents and employees from and against any and all claims, demands, penalties, fines, suits, actions, administrative proceedings (including informal proceedings), government orders, judgments, loss, damages, liabilities, costs, and expenses (including but not limited to reasonable and documented attorneys' and consultants' fees and expenses, litigation costs, expert witness fees, and expenses of investigation, removal, remediation, or other required plan or response action) to the extent resulting from (i) failure of Contractor to meet its obligations under this Contract, or (ii) the documented loss by Owner, its directors, officers, agents or employees to a third party or governmental entity from any Environmental Impact Claim, to the extent resulting from the operations, activities, actions or inaction of Contractor or any other party under Contractor’s direction and control. 4. Regardless of the date of termination of this Contract, the Contractor’s representations, obligations and liabilities under this Contract shall continue as long as the Contractor bears any liability or responsibility under this Contract or the Environmental Laws.

ENVIRONMENTAL INDEMNIFICATION AND REIMBURSEMENT. 1. Notwithstanding any other provision to the contrary, and without limiting any other indemnity in this Contract, Contractor agrees to indemnify, defend, and hold harmless Owner, its past, present or future directors, officers, members, agents and employees, and the Cities and their respective councils, council members, agents, and employees ("Environmental Indemnitees"), from and against any and all claims, demands, penalties, fines, suits, actions, administrative proceedings (including formal and informal enforcement), government orders, judgments, loss, damages, liabilities, costs, and expenses (including but not limited to reasonable and documented attorneys' and consultants' fees and expenses, litigation costs, expert witness fees, and expenses of investigation, removal, remediation, or other required plan, report, or response action) when incurred and whether incurred in defense of actual litigation or in reasonable anticipation of litigation to the extent resulting from: (i) the breach by Contractor of any representation or warranty made in this ContractSection 120; or (ii) the failure of Contractor to meet its obligations under this Contract Section 120 in a full and timely manner, whether caused by Contractor or any third party under Contractor’s direction or control; or (iii) documented loss by any Environmental Indemnitee(s) from any Environmental Impact Claim, to the extent caused by the operations, activities, action or inaction of Contractor or its subcontractors, employees, agents, licensees, or other parties under Contractor's direction or control, at the Airport, or at other property at the Airport used by Contractor but which is not subject to a lease, sublease or other legal agreement governing Contractor’s use of such property, during the term of this Contract. 2. In the event Owner undertakes any action, including but not limited to response or corrective action, repairs, or remediation, in the exercise of its rights with respect to Contractor under this ContractSection 120, Contractor shall reimburse OWNER, upon reasonable written notice by Owner, for all reasonable and documented costs that Owner incurs in association with such action, including but not limited to consultants' fees, contractors' fees, reasonable attorneys' fees and expenses, and expenses of investigation, repair, response or corrective action and remediation. 3. Notwithstanding any other provision to the contrary, and to To the extent permitted by law, Contractor agrees to indemnify and hold harmless Owner and its directors, officers, agents and employees from and against any and all claims, demands, penalties, fines, suits, actions, administrative proceedings (including informal proceedings), government orders, judgments, loss, damages, liabilities, costs, and expenses (including but not limited to reasonable and documented attorneys' and consultants' fees and expenses, litigation costs, expert witness fees, and expenses of investigation, removal, remediation, or other required plan or response action) to the extent resulting from (i) failure of Contractor to meet its obligations under this ContractSection 120, or (ii) the documented loss by Owner, its directors, officers, agents or employees to a third party or governmental entity from any Environmental Impact Claim, to the extent resulting from the operations, activities, actions or inaction of Contractor or any other party under Contractor’s direction and control. 4. Regardless of the date of termination of this Contract, the Contractor’s representations, obligations and liabilities under this Contract Section 120 shall continue as long as the Contractor bears any liability or responsibility under this Contract or the Environmental Laws.