HAZARDOUS MATERIALS INDEMNITY. (a) In addition to its obligations under Section 14.1, Licensee, for itself and on behalf of its Agents and Invitees, agrees to Indemnify the Indemnified Parties from any and all Claims and Hazardous Material Claims that arise as a result of: (i) any Hazardous Material Condition, and (ii) Licensee's Exacerbation of any Hazardous Material Condition. (b) Licensee's obligation to Indemnify the Indemnified Parties includes: (i) costs incurred in connection with any Investigation or Remediation requested by Port or required by any Environmental Regulatory Agency and to restore the affected area to its condition before the Release; (ii) damages for diminution in the value of the License Area or the Facility; (iii) damages for the loss or restriction on use of rentable or usable space or of any amenity of the License Area or the Facility; (iv) damages arising from any adverse impact on marketing the space; (v) sums paid in settlement of Claims, Hazardous Material Claims, Environmental Regulatory Actions, including fines and penalties; (vi) natural resource damages; and (vii) attorneys' fees, consultant fees, expert fees, court costs, and all other litigation, administrative or other judicial or quasi-judicial proceeding expenses. If Port pays any costs within the scope of this section, Licensee must reimburse Port for Port's costs, plus interest at the Interest Rate from the date Port incurs each cost until paid, within three (3) business days after Port's payment demand. Licensee's obligations hereunder shall survive the expiration or earlier termination of this License.
Appears in 3 contracts
Samples: License to Use Property, License Agreement, License Agreement
HAZARDOUS MATERIALS INDEMNITY. (a) In addition to its obligations under Section 14.119.1, LicenseeTenant, for itself and on behalf of its Agents and Invitees, agrees to Indemnify the Indemnified Parties from any and all Claims and Hazardous Material Claims that arise as a result of: (i) any Hazardous Material Condition, and (ii) LicenseeTenant's Exacerbation of any Hazardous Material Condition.
(b) LicenseeTenant's obligation to Indemnify the Indemnified Parties includes:
: (i) costs incurred in connection with any Investigation or Remediation requested by Port or required by any Environmental Regulatory Agency and to restore the affected area to its condition before the Release; (ii) damages for diminution in the value of the License Area Premises or the Facility; (iii) damages for the loss or restriction on use of rentable or usable space or of any amenity of the License Area Premises or the Facility; (iv) damages arising from any adverse impact on marketing the space; (v) sums paid in settlement of Claims, Hazardous Material Claims, Environmental Regulatory Actions, including fines and penalties; (vi) natural resource damages; and (viivi) attorneys' fees, consultant fees, expert fees, court costs, and all other litigation, administrative or other judicial or quasi-quasi- judicial proceeding expenses. If Port pays any costs within the scope of this section, Licensee Tenant must reimburse Port for Port's costs, plus interest at the Interest Rate from the date Port incurs each cost until paid, within three (3) business days after Port's payment demand. LicenseeTenant's obligations hereunder shall survive the expiration or earlier termination of this LicenseLease.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement