Common use of Hazardous Material Indemnity Clause in Contracts

Hazardous Material Indemnity. The term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Indiana, or the United States government and includes, without limitation, any material or substance that is: (a) medical waste; (b) toxic, ignitable, reactive, radioactive, contagious or life threatening; (c) bodily fluids and parts; (d) defined as a “hazardous substance,” “hazardous waste” or “extremely hazardous waste” pursuant to any state, federal or local statute, ordinance, rule or regulation, including but not limited to, asbestos, polychlorobiphenyls, oil, petroleum products and their by-products; or (e) designated by Landlord, in its sole discretion to be hazardous to human health or property and which Landlord determines must be cleaned up, removed, or otherwise treated, whether or not the substance is considered hazardous for the purposes of any federal or state statutes or local laws. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, flushed into sanitary sewers or used in or about the Premises by the Tenant, Tenant’s agents, employees, contractors or invitees, without the prior written consent of the County. The Group Members’ Losses arising under any breach by Tenant of this Section 16, which shall be indemnified by Tenant pursuant to Section 22 hereof, shall include but not be limited to, diminution of value of the Premises, damages arising from any adverse impact on marketing of space, cost incurred in connection with any investigation of site conditions, or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present on the Premises or in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material. The provisions of this Section 16 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or equity and shall survive the termination or expiration of the Lease.