Common use of Hazardous Materials Indemnification Clause in Contracts

Hazardous Materials Indemnification. Use, generate, treat, store, release, dispose of or otherwise introduce any Hazardous Materials into or on any real property owned or leased by any of them and will not, and will not permit any Subsidiary to, cause, suffer, allow or permit anyone else to do so, except in material compliance with applicable Environmental Laws. Each Domestic Borrower hereby agrees to indemnify, reimburse, defend and hold harmless each Agent, the Arranger, each Lender and their respective directors, officers, agents and employees (collectively, the “Indemnified Parties”) for, from and against all demands, liabilities, damages, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s fees (including any such fees and expenses incurred in enforcing this indemnity) asserted against, imposed on or incurred by any of the Indemnified Parties, directly or indirectly pursuant to or in connection with the application of any Environmental Law to acts or omissions occurring at any time on or in connection with any real estate owned or leased by the Company or any of its Subsidiaries or any business conducted thereon. Each Foreign Borrower hereby agrees to indemnify, reimburse, defend and hold harmless the Indemnified Parties for, from and against all demands, liabilities, damages, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s fees (including any such fees and expenses incurred in enforcing this indemnity) asserted against, imposed on or incurred by any of the Indemnified Parties, directly or indirectly pursuant to or in connection with the application of any Environmental Law to acts or omissions occurring at any time on or in connection with any real estate owned or leased by such Foreign Borrower or any of its Subsidiaries or any business conducted thereon.

Hazardous Materials Indemnification. UseFrom and after the Commencement Date, generateto the greatest extent allowed by law, treat, store, release, dispose of or otherwise introduce any Hazardous Materials into or on any real property owned or leased by any of them and will not, and will not permit any Subsidiary to, cause, suffer, allow or permit anyone else to do so, except in material compliance with applicable Environmental Laws. Each Domestic Borrower hereby agrees to Lessee shall indemnify, reimburse, defend (with counsel reasonably approved by Lessor) and hold Indemnitees harmless each Agent, the Arranger, each Lender and their respective directors, officers, agents and employees (collectively, the “Indemnified Parties”) for, from and against all Claims resulting, arising, or based directly or indirectly in whole or in part, upon (i) therelease, use, generation, discharge, storage or disposal of any Hazardous Material on, under, in or about the Leased Premises, or the transportation of any such Hazardous Material to or from, the Leased Premises occurring after the Commencement Date, or (ii) the failure of Lessee, Lessee’s employees, agents, contractors, subcontractors, or any person acting on behalf of or as the invitee of any of the foregoing to comply with Environmental Laws related to the Leased Premises, unless caused by the Lessor’s active or passive negligence. The foregoing indemnity shall further apply to any residual Hazardous Materials in, on, under or about the Land or affecting any natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal of any such Hazardous Material, and irrespective of whether any of such activities were or will be undertaken in accordance with Environmental Laws, but only to the extent that such release of Hazardous Materials occurs after the Commencement Date The provisions of this Section shall survive the expiration or termination of this Lease.‌ Lessee’s indemnity obligations under this paragraph shall not apply to (a) any release of Hazardous Materials or Claim related to Hazardous Material that occurred or first accrued before the Lessee’s possession of the Land whether known or unknown, and (b) claims arising out of the Lessor’s failure to disclose any known condition that the Lessor is required to give to the Lessee. Lessor agrees to defend, indemnify, protect and hold harmless the Lessee, and its officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns ("Lessee Indemnities") from, regarding and against any and all liabilities, obligations (including but not limited to the duty to respond to any governmental inquiry, investigation, claim or demand regarding such Hazardous Materials), orders, decrees, judgments, liens, demands, liabilitiesactions, environmental response actions, claims, losses, damages, costsfines, claimspenalties, suitsexpenses, actionsenvironmental response costs or costs of any kind or nature whatsoever, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s together with fees (including any such including, without limitation, reasonable attorneys’ fees and expenses incurred in enforcing this indemnity) asserted againstexperts’ and consultants’ fees), imposed on or incurred by any of the Indemnified Parties, directly or indirectly pursuant to resulting from or in connection with (i) the application release, use, generation, discharge, storage or disposal of any Hazardous Material on, under, in or about the Land, or the transportation of any such Hazardous Material to or from, the Land occurring during the Lessor’s ownership of the Land and prior to the Commencement Date, or (ii) the failure of Lessor, Lessor’s employees, agents, contractors, subcontractors, or any person acting on behalf of or as the invitee of any of the foregoing, to comply with Environmental Law Laws, except to acts or omissions occurring at any time on the extent caused in whole or in connection with any real estate owned or leased part by the Company negligence of Lessee or any of its Subsidiaries the Lessee Indemnitees in accordance with the principles of comparative negligence (“Lessee’s Indemnification”). If the Lessor discovers Hazardous Materials or any business conducted thereon. Each Foreign Borrower hereby agrees other materials subject to indemnifylegal requirements or corrective action, reimburse, defend and hold harmless the Indemnified Parties for, from and against all demands, liabilities, damages, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s fees (including any such fees and expenses incurred in enforcing this indemnity) asserted against, imposed on or incurred by any Lessor shall immediately notify the Lessee of the Indemnified Parties, directly or indirectly pursuant to or in connection with the application of any Environmental Law to acts or omissions occurring at any time on or in connection with any real estate owned or leased by such Foreign Borrower or any of its Subsidiaries or any business conducted thereonsame.

Hazardous Materials Indemnification. UseLandlord hereby represents and warrants that to the best of Landlord’s actual knowledge there are no violations of any federal, generatestate or local laws, treatrules, storeregulations or orders relating to industrial hygiene or to environmental conditions on, releaseunder or about the Demised Premises, dispose including but not limited to soil and groundwater conditions. Within five (5) business days after the Effective Date, Landlord shall deliver to Tenant copies of all reports from environmental investigations covering all or otherwise introduce any Hazardous Materials into portion of the Demised Premises in the possession or on any real property owned or leased by any under the control of them and will notLandlord. Landlord shall indemnify, defend, and will not permit any Subsidiary tohold Tenant, cause, suffer, allow or permit anyone else to do so, except in material compliance with applicable Environmental Laws. Each Domestic Borrower hereby agrees to indemnify, reimburse, defend and hold harmless each Agent, the Arranger, each Lender and their respective its directors, officers, agents employees, agents, successors and employees assigns (collectively, the “Indemnified PartiesIndemnitees”) for, harmless from and against any and all demands, liabilities, damageslosses, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s fees (including any such fees and expenses incurred in enforcing this indemnity) penalties claimed, threatened or asserted against, imposed on or suffered or incurred by any Indemnitee, arising out of or as a consequence of the Indemnified Partiesuse, directly generation, transportation, storage, release, presence or indirectly pursuant to or in connection with the application disposal of any Environmental Law to acts hazardous or omissions occurring at toxic wastes, substances or materials, or any time other pollutants or contaminants (collectively, “Hazardous Materials”), placed, discharged or released on or in connection with any real estate owned or leased about the Demised Premises by the Company or any of its Subsidiaries or any business conducted thereon. Each Foreign Borrower hereby agrees to indemnifyLandlord, reimburseincluding without limitation, defend and hold harmless the Indemnified Parties for, from and against all demands, liabilities, damageslosses, costs, expenses and penalties incurred in the removal, remediation and disposal of any Hazardous Materials; provided, however, that the foregoing provisions shall not apply to any Hazardous Materials used, generated, transported, stored or disposed of thereon by an Indemnitee. Tenant shall defend and indemnify Landlord from any claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s fees (including any such fees penalties claimed and expenses incurred arising out of or as a consequence of Tenant’s storage, handling or release of Hazardous Materials in enforcing this indemnity) asserted against, imposed on or incurred by any of the Indemnified Parties, directly or indirectly pursuant to or in connection with the application of any Environmental Law to acts or omissions occurring at any time on or in connection with any real estate owned or leased by such Foreign Borrower or any of its Subsidiaries or any business conducted thereonDemised Premises.

Hazardous Materials Indemnification. Use, generate, treat, store, release, dispose of or otherwise introduce introduce, any Hazardous Materials into or on any real property owned or leased by any of them and will not, and will not permit any Subsidiary to, cause, suffer, suffer allow or permit anyone else to do so, except in material compliance with applicable Environmental Laws. Each Domestic US Facility Borrower hereby agrees to indemnify, reimburse, defend and hold harmless each Agent, the Arranger, each Lender Agent and their respective its directors, officers, agents and employees (collectively, the “"Indemnified Parties”") for, from and against all demands, liabilities, damages, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s 's fees (including any such fees and expenses incurred in enforcing this indemnity) asserted against, imposed on or incurred by any of the Indemnified Parties, directly or indirectly pursuant to or in connection with the application of any Environmental Law to acts or omissions occurring at any time on or in connection with any real estate owned or leased by the Company Parent or any of its Subsidiaries or any business conducted thereon. Each Foreign Offshore Facility Borrower hereby agrees to indemnify, reimburse, defend and hold harmless the Indemnified Parties for, from and against all demands, liabilities, damages, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s 's fees (including any such fees and expenses incurred in enforcing this indemnity) asserted against, imposed on or incurred by any of the Indemnified Parties, directly or indirectly pursuant to or in connection with the application of any Environmental Law to acts or omissions occurring at any time on or in connection with any real estate owned or leased by such Foreign Offshore Facility Borrower or any of its Subsidiaries or any business conducted thereon.

Hazardous Materials Indemnification. Use, generate, treat, store, release, dispose of or otherwise introduce introduce, any Hazardous Materials into or on any real property owned or leased by any of them and will not, and will not permit any Subsidiary to, cause, suffer, suffer allow or permit anyone else to do so, except in material compliance with applicable Environmental Laws. Each Domestic US Facility Borrower hereby agrees to indemnify, reimburse, defend and hold harmless each Agent, the Arranger, each Lender Agent and their respective its directors, officers, agents and employees (collectively, the “"Indemnified Parties”") for, from and against all demands, liabilities, damages, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s 's fees (including any such fees and expenses incurred in enforcing this indemnity) asserted against, imposed on or incurred by any of the Indemnified Parties, directly or indirectly pursuant to or in connection with the application of any Environmental Law to acts or omissions occurring at any time on or in connection with any real estate owned or leased by the Company Parent or any of its Subsidiaries or any business conducted thereon. Each Foreign Offshore Facility Borrower hereby agrees to indemnify, reimburse, defend and hold harmless the Indemnified Parties for, from and against all demands, liabilities, damages, costs, claims, suits, actions, legal or administrative proceedings, interest, losses, expenses and reasonable attorney’s 's fees (including any such fees and expenses incurred in enforcing this indemnity) asserted against, imposed on or incurred by any of the Indemnified Parties, directly or indirectly pursuant to or in connection with the application of any Environmental Law to acts or omissions occurring at any time on or in connection with any real estate owned or leased by such Foreign Offshore Facility Borrower or any of its Subsidiaries or any business conducted thereon.