Common use of Exculpation of Tenant Clause in Contracts

Exculpation of Tenant. Tenant shall not be liable to Landlord for nor otherwise obligated to Landlord under any provision of the Lease with respect to the following: (i) any claim, remediation, obligation, investigation, obligation, liability, cause of action, attorney's fees, consultants' cost, expense or damage resulting from any Hazardous Materials present in, on or about the Premises or the Buildings to the extent not caused nor otherwise permitted, directly or indirectly, by Tenant or Tenant's Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises or the Buildings directly caused by any source, including third parties, other than Tenant or Tenant's Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including without limitation, attorneys' and experts' fees and costs) and losses to the extent (a) Tenant or any of Tenant's Representatives contributes to the presence of such Hazardous Materials, or Tenant and/or any of Tenant's Representatives exacerbates the conditions caused by such Hazardous Materials, or (b) Tenant and/or Tenant's Representatives allows or permits persons over which Tenant or any of Tenant's Representatives has control, and/or for which Tenant or any of Tenant's Representatives are legally responsible for, to cause such Hazardous Materials to be present in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings or the Park, or (c) Tenant and/or any of Tenant's Representatives does not take all reasonably appropriate actions to prevent such persons over which Tenant or any of Tenant's Representatives has control and/or for which Tenant or any of Tenant's Representatives are legally responsible from causing the presence of Hazardous Materials in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings or the Park.

Exculpation of Tenant. Tenant shall not be liable to Landlord for nor or otherwise obligated to Landlord under any provision of the Lease with respect to the following: (i) any claim, remediation, obligation, investigation, obligation, liability, cause of action, attorney's fees, consultants' cost, expense or damage resulting from any Hazardous Materials present in, on or about the Premises Premises, the Building, the Real Property or the Buildings Complex to the extent not caused nor otherwise permitted, directly or indirectly, by Tenant or Tenant's Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises Premises, the Building, the Real Property or the Buildings Complex directly caused by any source, including third parties, other than Tenant or Tenant's Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including without limitation, attorneys' and experts' fees and costs) and losses to the extent (a) Tenant or any of Tenant's Representatives contributes to the presence of such Hazardous Materials, or Tenant and/or any of Tenant's Representatives exacerbates the conditions caused by such Hazardous Materials, or (b) Tenant and/or Tenant's Representatives allows or permits persons over which Tenant or any of Tenant's Representatives has control, and/or for which Tenant or any of Tenant's Representatives are legally responsible for, to cause such Hazardous Materials to be present in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building, the Real Property or the ParkComplex, or (c) Tenant and/or any of Tenant's Representatives does not take all reasonably appropriate actions to prevent such persons over which Tenant or any of Tenant's Representatives has control and/or for which Tenant or any of Tenant's Representatives are legally responsible from causing the presence of Hazardous Materials in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building, the Real Property or the ParkComplex.

Exculpation of Tenant. Tenant shall not be liable to Landlord for nor otherwise obligated to Landlord under any provision of the Lease with respect to the following: (i) any claim, remediation, obligation, investigation, obligation, liability, cause of action, attorney's attorneys’ fees, consultants' ’ cost, expense or damage resulting from any Hazardous Materials present in, on or about the Premises or the Buildings to Table of Contents the extent not caused nor otherwise permitted, directly or indirectly, knowingly permitted by Tenant or Tenant's ’s Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises or the Buildings directly caused by any source, including third parties, other than Tenant or Tenant's ’s Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including without limitation, attorneys' ’ and experts' ’ fees and costs) and losses to the extent (a) Tenant or any of Tenant's ’s Representatives contributes to the presence of such Hazardous Materials, or Tenant and/or any of Tenant's ’s Representatives exacerbates the conditions caused by such Hazardous Materials, or (b) Tenant and/or Tenant's ’s Representatives allows or permits persons over which Tenant or any of Tenant's ’s Representatives has control, and/or for which Tenant or any of Tenant's ’s Representatives are legally responsible forresponsible, to cause such Hazardous Materials to be present in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings or the Park, or (c) Tenant and/or any of Tenant's ’s Representatives does not take all reasonably appropriate actions to prevent such persons over which Tenant or any of Tenant's ’s Representatives has control and/or for which Tenant or any of Tenant's ’s Representatives are legally responsible from causing the presence of Hazardous Materials in, on, under, through or about any portion of the Premises, . Landlord hereby represents and warrants that it has not received written notice that the Common Areas, the Buildings or the ParkPremises are in current violation of any Environmental Laws.

Exculpation of Tenant. Tenant shall not be liable to Landlord for nor otherwise obligated to Landlord under any provision of the Lease with respect to the following: (i) any claim, remediation, obligation, investigation, obligation, liability, cause of action, attorney's fees, consultants' cost, expense or damage resulting from any Hazardous Materials present in, on or about the Premises or the Buildings Building to the extent not caused nor or otherwise permitted, directly or indirectly, by Tenant or Tenant's Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises or the Buildings directly Building caused by any source, including third parties, other than Tenant or Tenant's Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including without limitation, attorneys' and experts' fees and costs) and losses to the extent (a) Tenant or any of Tenant's Representatives contributes to the presence of such Hazardous Materials, or Tenant and/or any of Tenant's Representatives exacerbates the conditions caused by such Hazardous Materials, or (b) Tenant and/or Tenant's Representatives allows or permits persons over which Tenant or any of Tenant's Representatives has control, and/or for which Tenant or any of Tenant's Representatives are legally responsible for, to cause such Hazardous Materials to be present in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building or the Park, or (c) Tenant and/or any of Tenant's Representatives does not take all reasonably appropriate actions to prevent such persons over which Tenant or any of Tenant's Representatives has control and/or for which Tenant or any of Tenant's Representatives are legally responsible from causing the presence of Hazardous Materials in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building or the Park.

Exculpation of Tenant. Tenant shall not be liable to Landlord for nor otherwise obligated to Landlord under any provision of the Lease with respect to the following: (i) any claim, remediation, obligation, investigation, obligation, liability, cause of action, attorney's fees, consultants' cost, expense or damage resulting from any Hazardous Materials present in, on or about the Premises or the Buildings Building to the extent not caused nor or otherwise permitted, directly or indirectly, by Tenant or Tenant's Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises or the Buildings directly Building caused by any source, including third parties, other than Tenant or Tenant's Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including without limitation, reasonable attorneys' and experts' fees and costs) and losses to the extent (a) Tenant or any of Tenant's Representatives contributes to the presence of such Hazardous Materials, or Tenant and/or any of Tenant's Representatives exacerbates the conditions caused by such Hazardous Materials, or (b) Tenant and/or Tenant's Representatives allows or permits persons over which Tenant or any of Tenant's Representatives has control, and/or for which Tenant or any of Tenant's Representatives are legally responsible for, to cause such Hazardous Materials to be present in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building or the Park, or (c) Tenant and/or any of Tenant's Representatives does not take all reasonably appropriate actions to prevent such persons over which Tenant or any of Tenant's Representatives has control and/or for which Tenant or any of Tenant's Representatives are legally responsible from causing the presence of Hazardous Materials in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building or the Park.

Exculpation of Tenant. Tenant shall not be liable to Landlord for nor otherwise obligated to Landlord under any provision of the this Lease with respect to the following: (i) any claim, remediation, obligation, investigation, obligation, liability, cause of action, attorney's ’s fees, consultants' ’ cost, expense or damage resulting from any of the Existing Hazardous Materials or any other Hazardous Materials present in, on or about the Premises Premises, the Building or the Buildings Lot to the extent not caused nor otherwise permitted, directly or indirectly, permitted by Tenant or Tenant's Representatives; ’s Representatives or (ii) the removal, investigation, monitoring or remediation of any of the Existing Hazardous Material Materials or any other Hazardous Materials present in, on or about the Premises Premises, the Building or the Buildings directly Lot to the extent not caused by any source, including third parties, other than Tenant or Tenant's ’s Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including without limitation, reasonable attorneys' ’ and experts' experts fees and costs) and losses to the extent (a) Tenant or any of Tenant's Representatives contributes to the presence of such Hazardous Materials, or Tenant and/or any of Tenant's ’s Representatives exacerbates the conditions caused by such Hazardous Materials or Existing Hazardous Materials, or (b) Tenant and/or Tenant's ’s Representatives allows or permits persons over which Tenant or any of Tenant's ’s Representatives has control, and/or for which Tenant or any of Tenant's ’s Representatives are legally responsible for, to cause such Hazardous Materials to be present in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Premises or the ParkBuilding or the Lot in violation of Laws, or (c) Tenant and/or any of Tenant's ’s Representatives does not take all reasonably appropriate actions to prevent such persons over which Tenant or any of Tenant's ’s Representatives has control and/or for which Tenant or any of Tenant's ’s Representatives are legally responsible from causing the presence of Hazardous Materials in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building or the ParkLot in violation of Laws and/or the provisions of this Lease.

Exculpation of Tenant. Tenant shall not be liable to Landlord for nor otherwise obligated to Landlord under any provision of the Lease with respect to the following: (i) any claim, remediation, obligation, investigation, obligation, liability, cause of action, attorney's fees, consultants' cost, expense or damage resulting from any Hazardous Materials present in, on or about the Premises Premises, Building 2 or the Buildings RiverTech Park to the extent not caused nor or otherwise permitted, directly or indirectly, by Tenant or any of Tenant's Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises or the Buildings directly Building 2 caused by any source, including third parties, other than Tenant or Tenant's RepresentativesRepresentatives or (iii) any claim, remediation, obligation, investigation, liability, course of action, attorneys' fees, consultants' costs, expense or damage resulting from any Hazardous Materials present in, on or about the Premises or Building 2 on the Commencement Date; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including without limitation, attorneys' and experts' fees and costs) and losses Claims to the extent (a) Tenant or any of Tenant's Representatives contributes permits the release of any additional Hazardous Materials or subject to the presence clause (h) below of such Hazardous Materialsthis Section 26, otherwise knowingly and intentionally or negligently exacerbates any release of, or Tenant and/or any of Tenant's Representatives exacerbates liability with respect to, Hazardous Materials on the conditions caused by such Hazardous MaterialsPremises or in RiverTech Park, or (b) Tenant and/or Tenant's Representatives allows or permits persons over which Tenant or any of Tenant's Representatives has control, and/or for which Tenant or any of Tenant's Representatives are legally responsible for(excluding trespassers), to cause such Hazardous Materials to be present in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building 2 or the RiverTech Park, or (c) Tenant and/or any of Tenant's Representatives does not take all reasonably appropriate actions to prevent such persons over which Tenant or any of Tenant's Representatives has control (excluding trespassers) and/or for which Tenant or any of Tenant's Representatives are is legally responsible (excluding trespassers) from causing the presence a release of Hazardous Materials in, on, under, through or about any portion of the Premises, the Common Areas, the Buildings Building 2 or the RiverTech Park.