Common use of Environmental Indemnification – Contractor Clause in Contracts

Environmental Indemnification – Contractor. A. The Contractor agrees to indemnify, save, and hold harmless the Airports Authority from and against all removal, remediation, containment, and other costs (whenever incurred) caused by, arising out of, or in connection with the handling, storage, discharge, transportation, or disposal of Hazardous Materials on the Premises that occurs after the date of legal possession of the Premises by the Contractor and prior to the vacation of the Premises by the Contractor. B. As mentioned herein, this indemnity shall also cover any costs (whenever incurred) caused by, arising out of, or in connection with, the handling, storage, discharge, transportation, or disposal of Hazardous Materials which are on the Premises resulting from the acts or omissions of Contractor, or any of its tenants thereof, or their employees, representatives or agents; provided, further, this indemnity shall not cover any costs resulting from the Airports Authority’s environmental responsibilities. A. Costs shall include, but not be limited to: (1) claims of third parties, including governmental agencies, for damages, response costs, injunctions, or other relief; (2) the cost, expense, or loss to the Airports Authority of any injunctive relief, including preliminary or temporary injunctive relief, applicable to the Airports Authority or the Premises; (3) the expenses, including fees of attorneys, engineers, consultants, paralegals and experts, of reporting to any agency of the Commonwealth of Virginia or the United States as required by applicable environmental laws and responding to the existence of said Hazardous Materials; and (4) any and all expenses or obligations, including fees of attorneys’ engineers, consultants, and paralegals, incurred at, before, and after any trial or appeal there from, or any administrative proceeding or appeal therefrom whether or not taxable as costs, including, without limitation, attorneys’ and paralegal fees, witness fees (expert and otherwise), deposition costs, copying and telephone charges, and other expenses, all of which shall be paid by Contractor promptly after the Airports Authority incurs the obligation to pay such amounts. Such damages, costs, liabilities, and expenses shall include those claimed to be owed by any regulating and administering agency. Contractor shall be provided with the opportunity to contest any claim, citation, notice, penalty, or fine. As used in this Article, the Premises shall be deemed to include the soil and water table thereof.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Environmental Indemnification – Contractor. A. The Contractor agrees to indemnify, save, and hold harmless the Airports Authority from and against all removal, remediation, containment, and other costs (whenever incurred) caused by, arising out of, or in connection with the handling, storage, discharge, transportation, or disposal of Hazardous Materials on the Premises that occurs after the date of legal possession of the Premises by the Contractor and prior to the vacation of the Premises by the Contractor. B. As mentioned herein, this indemnity shall also cover any costs (whenever incurred) caused by, arising out of, or in connection with, the handling, storage, discharge, transportation, or disposal of Hazardous Materials which are on the Premises resulting from the acts or omissions of Contractor, or any of its tenants thereof, or their employees, representatives or agents; provided, further, this indemnity shall not cover any costs resulting from the Airports Authority’s environmental responsibilities. A. C. Costs shall include, but not be limited to: (1) claims of third parties, including governmental agencies, for damages, response costs, injunctions, or other relief; (2) the cost, expense, or loss to the Airports Authority of any injunctive relief, including preliminary or temporary injunctive relief, applicable to the Airports Authority or the Premises; (3) the expenses, including fees of attorneys, engineers, consultants, paralegals and experts, of reporting to any agency of the Commonwealth of Virginia or the United States as required by applicable environmental laws and responding to the existence of said Hazardous Materials; and (4) any and all expenses or obligations, including fees of attorneys’ engineers, consultants, and paralegals, incurred at, before, and after any trial or appeal there from, or any administrative proceeding or appeal therefrom whether or not taxable as costs, including, without limitation, attorneys’ and paralegal fees, witness fees (expert and otherwise), deposition costs, copying and telephone charges, and other expenses, all of which shall be paid by Contractor promptly after the Airports Authority incurs the obligation to pay such amounts. Such damages, costs, liabilities, and expenses shall include those claimed to be owed by any regulating and administering agency. Contractor shall be provided with the opportunity to contest any claim, citation, notice, penalty, or fine. As used in this Article, the Premises shall be deemed to include the soil and water table thereof.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Environmental Indemnification – Contractor. A. The Contractor agrees to indemnify, save, and hold harmless the Airports Authority from and against all removal, remediation, containment, and other costs (whenever incurred) caused by, arising out of, or in connection with the handling, storage, discharge, transportation, or disposal of Hazardous Materials Substances, which Hazardous Substances are on the Premises that and which handling, storage, discharge, transportation or disposal occurs after the date of legal possession of the Premises by the Contractor and prior to the vacation of the Premises by the Contractor. B. As mentioned herein; provided, however, this indemnity shall also cover any costs (whenever incurred) caused by, arising out of, or in connection with, the handling, storage, discharge, transportation, or disposal of Hazardous Materials Substances, which Hazardous Substances are on the Premises Premises, resulting from the acts or omissions of Contractor, or any of its tenants thereof, or their employees, representatives or agents; provided, further, this indemnity shall not cover any costs resulting from the Airports Authority’s environmental responsibilities. A. Authority Environmental Responsibilities. Costs shall include, but not be limited to: (1) claims of third parties, including governmental agencies, for damages, response costs, injunctions, or other relief; (2) the cost, expense, or loss to the Airports Authority of any injunctive relief, including preliminary or temporary injunctive relief, applicable to the Airports Authority or the Premises; (3) the expensesexpense, including fees of attorneys, engineers, consultants, paralegals and experts, of reporting to any agency of the Commonwealth State of Virginia or the United States as required by applicable environmental laws Environmental Laws and responding to the existence of said Hazardous MaterialsSubstances; and (4) any and all expenses or obligations, including fees of attorneys’ engineers, consultants, and paralegals, incurred at, before, and after any trial or appeal there from, or any administrative proceeding or appeal therefrom whether or not taxable as costs, including, without limitation, attorneys’ and paralegal fees, witness fees (expert and otherwise), deposition costs, copying and telephone charges, and other expenses, all of which shall be paid by Contractor promptly after the Airports Authority incurs the obligation to pay such amounts. Such damages, costs, liabilities, and expenses shall include those claimed to be owed by any regulating and administering agency. Contractor shall be provided with the opportunity to contest any claim, citation, notice, penalty, or fine. As used in applied to this Article, Article the Premises shall be deemed to include the soil and water table thereof.

Appears in 1 contract

Samples: Concession Contract

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