Hazardous Materials; Landlord. Prospective Purchaser Consent Decree Re: Sternco Property, Renton, Washington (King County Cause No. 97-2-1-17988-2SEA) ("Consent Decree"), entered on July 22, 1997, pursuant to the Washington State Model Toxics Control Act (Chapter 70.105D RCW), requires Landlord to complete the remediation of releases of certain Hazardous Materials at a site consisting of approximately 45 acres, and including the legal parcel on which the Premises are located. Landlord did not cause or contribute to the release or threatened release of Hazardous Materials that required remediation under the terms of the Decree. Landlord has completed all remediation activities required under the terms of the Decree at the legal parcel on which the Premises are located. Pursuant to the terms of the Decree, the Washington State Department of Ecology has certified in writing that all clean-up activities required under the terms of Decree at the legal parcel on which the Premises are located have been completed and that no further action is necessary under the terms of the Decree on such legal parcel, with the exception of continuing groundwater monitoring and maintenance of institutional controls, which Landlord shall undertake at Landlord's sole expense. The interest conveyed hereby is subject to the effect of a Restrictive Covenant recorded in the public land records as Document No. 97-2-17988-2SEA, in favor of, and enforceable by, the State of Washington. Landlord shall promptly protect, indemnify, defend and hold harmless Tenant and its directors, officers, employees, agents, parents, subsidiaries, successors and assigns ("Tenant Indemnified Parties") from and against any and all claims, judgments, suits, causes of action, penalties, fines, loss, damage, cost, expense or liability (including without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, consultant fees and expert fees, attorneys' fees and costs) arising directly out of, or resulting directly from, the presence at the Premises of Hazardous Materials on, in, under or about the Building or the Development prior to the date of this Lease or caused by Landlord or its agents, contractors or employees. Nothing in this indemnity shall require Landlord to protect, indemnify, defend or hold harmless Tenant or any Tenant Indemnified Parties from any loss, damage, cost, expense or liability (including reasonable attorneys' fees and costs) arising out of Tenant's release (or release by a...
Hazardous Materials; Landlord. Landlord represents and warrants to Tenant that, without independent investigation or inquiry whatsoever, it has no current, actual knowledge of the presence of Hazardous Materials in, on or at the Premises, Building or Project in excess of legally permissible levels as of the date of execution of this Lease. Landlord shall clean up and remove from the Premises and Building all Hazardous Materials located therein or thereon as and when required by applicable governmental regulations, at no cost to Tenant, except if and to the extent such cleanup and removal is required by virtue of the acts of Tenant or any of Tenant’s Parties. Subject to the limitations set forth in Section 29.13 of this Lease, Landlord agrees to indemnify and hold Tenant harmless from and against any and all liability, claims, damages, losses or causes of action whatsoever (except consequential damages, including, without limitation, lost profits) incurred by Tenant by reason of any unlawful Hazardous Materials on or in the Premises, the Building or the Project prior to Tenant’s first entry into the Premises, or thereafter introduced in, on or at the Premises, the Building or the Project by Landlord or any Landlord Indemnified Parties.
Hazardous Materials; Landlord. Landlord represents and warrants to Tenant that, without independent investigation or inquiry whatsoever, it has no current, actual knowledge of the presence of Hazardous Materials in, on or at the Premises, Building or Project in excess of legally permissible levels as of the date of execution of this Lease. Subject to the limitations set forth in Section 29.13 of this Lease, Landlord agrees to indemnify and hold Tenant harmless from and against any and all liability, claims, damages, losses or causes of action whatsoever (except consequential damages, including, without limitation, lost profits) incurred by Tenant by reason of any unlawful Hazardous Materials on or in the Premises, the Building or the Project prior to Tenant's first entry into the Premises, or thereafter introduced in, on or at the Premises, the Building or the Project by Landlord or any Landlord Indemnified Parties.
Hazardous Materials; Landlord. Landlord hereby covenants to Tenant that (a) Landlord shall not allow the release of any Hazardous Materials on, onto, or from the Property by the Existing Tenant; and (b) Landlord shall indemnify and hold Tenant, its directors, officers, stockholders, partners, joint venturers, employees, agents, attorneys, consultants, contractors and its successors and assigns, harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, judgments, administrative orders, remediation requirements, enforcement actions of any kind, and all costs and expenses (including, but not limited to, reasonable attorneys’ fees and expenses), arising out of any release of Hazardous Materials or violation of Environmental Law(s) by the Existing Tenant, regardless of whether the release or violation occurred before or after the Effective Date of this Lease. This provision shall survive the expiration or termination of this Lease with respect to any claims arising pursuant to this Section.
Hazardous Materials; Landlord. Landlord hereby represents that, to its actual knowledge, without independent investigation or inquiry, as of the date of this Lease, neither the Development nor the Premises contain any substance currently classified as a Hazardous Material in excess of legally permissible levels. Landlord shall clean up and remove from the Premises and Building all Hazardous Materials located therein or thereon as of the Commencement Date as and when required by applicable governmental regulations, at no cost to Tenant, except if and to the extent such cleanup and removal is required by virtue of the act of Tenant or any of Tenant's Parties.
Hazardous Materials; Landlord. Landlord represents and warrants that as of the date hereof, to Landlord's current, actual knowledge, except as specifically disclosed in writing to Tenant prior to the date of this Lease, no Hazardous Materials exist on or about the Premises in violation of applicable law. If Landlord has disclosed the existence of ACM or PACM in the Building(s) by written notice to Tenant, Landlord agrees that prior to Tenant taking possession of the Premises, Landlord shall deliver to Tenant a report prepared by an environmental engineer which provides a complete assessment of ACM and PACM in the Building(s) and Landlord shall be responsible for all costs and expenses incurred at any time in complying with all applicable law affecting or relating to the Premises arising out of conditions existing as of the date Landlord delivers possession of the Premises to Tenant. In furtherance of the foregoing, and without limiting the scope thereof, Landlord shall promptly perform, at its sole cost and expense, any Remedial Work necessitated by the presence of any Hazardous Materials which existed on, in or under the Premises at the time possession of the Premises was delivered to Tenant or which subsequently came to be located on, in or under the Premises as a result of the acts of Landlord or its agents or employees. As used herein, "REMEDIAL WORK" means any investigation, monitoring, clean-up, containment, remediation, removal, response cost, or restoration work and the preparation and implementation of any closure, remedial or other required plans, that is required under any applicable law. As used herein, "HAZARDOUS MATERIAL CONDITION" means the occurrence or discovery of a condition involving the presence of, or a contamination by, a Hazardous Material in, on, or under the Premises in violation of applicable law. Subject to (i) the last sentence of Paragraph 18(a) hereof, and (ii) Paragraph 35 hereof, Landlord shall indemnify, defend and hold Tenant harmless from and against any and all claims, judgment, damages, penalties, fines, costs, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) (collectively, "CLAIMS") which arise on or after the date that possession of the Premises is delivered to Tenant, including any time after the expiration of the Lease Term, from or in connection with Hazardous Material Conditions which were caused by Landlord or its agents or employees or which predated th...
