Common use of HAZARDOUS MATERIALS INDEMNITY Clause in Contracts

HAZARDOUS MATERIALS INDEMNITY. Licensee shall indemnify, defend (by counsel reasonably acceptable to City), protect and hold the City harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses, including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact or marketing of the Premises and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, either prior to or during the License Term, in whole or in part, directly or indirectly, by the presence or discharge in, on, under or about the Premises by Licensee, Licensee’s agents, employees, licensees or invitees or at Licensee’s direction, of Hazardous Material, or by Licensee’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. Licensee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises , and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the License Term. For purposes of the indemnity provided herein, any acts or omissions of Licensee or its employees, agents, customers, subleases, assignees, contractors or subcontractors of Licensee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Licensee.

HAZARDOUS MATERIALS INDEMNITY. Licensee Lessee shall indemnify, defend (by counsel reasonably acceptable to City), protect protect, and hold the City Landlord harmless from and against any and all claims, liabilities, penalties, forfeitures, losses losses, and/or expenses, including, including without limitation, diminution in value of the Premises, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact or marketing of the Premises and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person person, or damage to any property whatsoever (including, without limitation, groundwater, sewer systems systems, and atmosphere), arising from, or caused caused, or resulting, either prior to or during the License Lease Term, in whole or in part, directly or indirectly, by the presence or discharge in, on, under under, or about the Premises by LicenseeLessee, LicenseeLessee’s agents, employees, licensees licensees, or invitees or at LicenseeLessee’s direction, of Hazardous Material, or by LicenseeLessee’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. LicenseeFor purposes of the indemnity provided herein, any acts or omissions of Lessee or its employees, agents, customers, sublessees, assignees, contractors, or subcontractors of Lessee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Lessee. Lessee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises Premises, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the License Lease Term. For purposes of the indemnity provided herein, any acts or omissions of Licensee or its employees, agents, customers, subleases, assignees, contractors or subcontractors of Licensee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Licensee.

HAZARDOUS MATERIALS INDEMNITY. Licensee Lessee shall indemnify, defend (by counsel reasonably acceptable to City), protect and hold the City harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses, including, without limitation, diminution in value of the PremisesPremises or Building, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the PremisesPremises or Building, damages arising from any adverse impact or marketing of the Premises or Building and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, either prior to or during the License Lease Term, in whole or in part, directly or indirectly, by the presence or discharge in, on, under or about the Premises or Building by LicenseeXxxxxx, LicenseeLessee’s agents, employees, licensees or invitees or at LicenseeXxxxxx’s direction, of Hazardous Material, or by LicenseeXxxxxx’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. LicenseeLessee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises or Building, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the License Lease Term. For purposes of the indemnity provided herein, any acts or omissions of Licensee Lessee or its employees, agents, customers, subleasessublessees, assignees, contractors or subcontractors of Licensee Lessee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to LicenseeLessee.

HAZARDOUS MATERIALS INDEMNITY. Licensee Lessee shall indemnify, defend (by counsel reasonably acceptable to City), protect and hold the City harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses, expenses (including, without limitation, diminution in value of the PremisesProperty, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the PremisesProperty, damages arising from any adverse impact or marketing of the Premises Property and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, either prior to or during the License Lease Term, in whole or in part, directly or indirectly, by the presence or discharge in, on, under or about the Premises Property by LicenseeLessee, LicenseeLessee’s agents, employees, licensees or invitees or at LicenseeLessee’s direction, direction of Hazardous Material, or by LicenseeLessee’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. Licensee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises Property, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the License Lease Term. For purposes of the indemnity provided herein, any acts or omissions of Licensee Lessee, or its employees, agents, customers, subleasessublessees, assignees, contractors or subcontractors of Licensee Lessee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to LicenseeLessee.

HAZARDOUS MATERIALS INDEMNITY. Licensee Lessee shall indemnify, defend (by counsel reasonably acceptable to CityLessor), protect and hold the City Lessor harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses, expenses (including, without limitation, diminution in value of the PremisesProperty, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the PremisesProperty, damages arising from any adverse impact or marketing of the Premises Property and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, either prior to or during the License Lease Term, in whole or in part, directly or indirectly, by the presence or discharge in, on, under or about the Premises Property by LicenseeXxxxxx, LicenseeXxxxxx’s agents, employees, licensees or invitees or at LicenseeXxxxxx’s direction, direction of Hazardous Material, or by LicenseeXxxxxx’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. Licensee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises Property, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the License Lease Term. For purposes of the indemnity provided herein, any acts or omissions of Licensee Lessee, or its employees, agents, customers, subleasessublessees, assignees, contractors or subcontractors of Licensee Lessee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to LicenseeLessee.

HAZARDOUS MATERIALS INDEMNITY. Licensee Management Contractor shall indemnify, defend (by counsel reasonably acceptable to City), protect and hold the Port and City harmless from and against any and all claims, liabilitiesjudgements, damages, penalties, forfeituresfines, costs, liabilities or losses and/or expenseswhich arise during or after the term of this Agreement as a result of the handling of Hazardous Materials on the Facility by Management Contractor, includingits agents, employees, invitees and licensees including without limitation, all costs of investigating and remediating the same, damages for diminution in value of the PremisesFacility, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the PremisesFacility, damages arising from any adverse impact or on marketing of the Premises any such space, and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant fees and expert fees. This indemnification of Port and City by Management Contractor includes, judgmentsbut is not limited to, administrative rulings cost incurred in connection with any investigation of site conditions or ordersany clean-up, finesremediation, costs removal or restoration work requested by Port or required by any federal, state or local governmental agency or political subdivision because of death of hazardous material present in the soil or injury to any person groundwater in, on or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, either prior to or during under the License Term, in whole Facility or in partany improvements which Hazardous Materials were introduced on the Facility during Management Contractor’s occupancy thereof by any party other than Port, directly City or indirectlytheir Agents. Without limiting the foregoing, by if the presence or discharge of any Hazardous Material in, on, under or about the Premises Facility caused or permitted by Licensee, Licensee’s agents, employees, licensees or invitees or at Licensee’s direction, of Hazardous Material, or by Licensee’s failure to comply with Management Contractor results in any Hazardous Materials Law, whether knowingly or by strict liability. Licensee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination contamination of the Premises Facility, and Management Contractor, at its sole expense, promptly shall take all action that is necessary to return the presence and implementation Facility to the condition existing prior to the introduction of such Hazardous Material in, on, under or about the Facility provided that Port approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions could not potentially have any closure, remedial action or other required plans, and shall survive material adverse effect upon the expiration of or early termination of the License Term. For purposes of the indemnity provided herein, any acts or omissions of Licensee or its employees, agents, customers, subleases, assignees, contractors or subcontractors of Licensee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to LicenseeFacility.

HAZARDOUS MATERIALS INDEMNITY. Licensee shall indemnify, defend (by counsel reasonably acceptable to City), protect and hold the City harmless from and against any and all claims, liabilities, penalties, forfeitures, losses losses, and/or expenses, including, without limitation, diminution in value of the PremisesCity Poles or City property, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the PremisesCity Poles or, damages arising from caused by any adverse impact or marketing of the Premises City Poles and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings rulings, or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or ) to the extent caused or resultingby, either prior to or during the License Term, in whole or in part, directly or indirectly, by the presence or discharge in, on, under or about the Premises City Poles by Licensee, Licensee’s agents, employees, licensees Licensee or invitees or at Licensee’s direction, of Hazardous Material, or by Licensee’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. Licensee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises City Poles or project, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the License Term. For purposes of the indemnity provided hereinindemnity, any acts or omissions of Licensee or its employees, agents, customers, subleases, assignees, contractors contractors, or subcontractors of Licensee (whether or not they are negligent, intentional, willful willful, or unlawful) shall be strictly attributable to Licensee.