Hazardous Materials Liability. (a) Owner shall fully indemnify, save harmless and defend Contractor, its parent, subsidiaries and other affiliates, and the directors, officers, agents, employees, successors and assigns of each of them (the "Contractor Indemnified Parties") from and against all Damages resulting from the presence of any Hazardous Material on, or the release of any Hazardous Material on or from, the Facility Site, other than (i) any Hazardous Material that may be described in an environmental site assessment, if any, that Owner delivers to Contractor prior to the Commencement Date pursuant to Section 20.3 hereof and for which Contractor has not refused to accept responsibility pursuant to Section 12.12 hereof, and (ii) any Hazardous Materials brought onto the Facility Site by any Contractor Responsible Party (but excluding any Hazardous Materials that are contained, consistent with Prudent Utility Practices and Appendix A hereto, in part of the Services accepted by Owner at the time of Provisional Acceptance, Interim Acceptance or Final Acceptance of the Facility and had been expressly identified in a Material Safety Data Sheet delivered to Owner by Contractor prior to Owner's acceptance thereof ("Owner Accepted Hazardous Materials")), except to the extent that an Owner Responsible Party has negligently aggravated the condition resulting from the presence of the Hazardous Materials covered by this clause (ii); provided, however, that Owner shall not be obligated to provide such indemnification (1) with respect to any Hazardous Materials that Contractor fails to notify Owner promptly upon discovery of the presence thereof on, or the release thereof on or from, the Facility Site, as required pursuant to Section 2.1.15 hereof and such failure has a material adverse effect on Owner or the Project, or (2) to the extent that any Contractor Responsible Party has 117 negligently aggravated the condition resulting from the presence of any Hazardous Material on, or the release of any Hazardous Material on or from, the Facility Site.
Hazardous Materials Liability. Tenant is aware that Parcel 2 is subject to remediation orders issued by the U.S. Environmental Protection Agency (“EPA”), as disclosed on Exhibit “O”. In addition, Tenant acknowledges that Tenant has received from Landlord a copy of the reports listed on Schedule 1 to Exhibit “O”, and has been given sufficient opportunity to request from Landlord (and, to the extent requested, to obtain and review) the reports listed on Schedule 2 to Exhibit “O” (all such reports being collectively defined as the “Environmental Reports”). In addition, in connection with the remediation orders, the Clean-up Facilities and related monitoring and remediation of Hazardous Materials, a Declaration of Restrictions and Access Agreement (as such document may be modified from time to time as provided in Paragraph 6 [Restrictions on Use], the “Declaration”) attached hereto as Exhibit “P” encumbers Parcel 1 and Parcel 2 (including the Premises) and will at all times be superior in priority to this Lease, and Tenant’s occupancy and use of the Premises may be restricted by the Declaration. Landlord shall have the right to modify the Declaration during the Term as may be reasonably required in connection with the remediation of Hazardous Materials and Clean-Up Facilities, so long as such modification does not materially adversely affect Tenant’s Permitted Use of the Premises, Tenant’s Minimum Parking or Tenant’s access to the Premises. If necessary, Tenant shall execute such documents as are reasonably necessary to cause this Lease to become subordinate to the Declaration, as it may be modified from time to time in accordance with the preceding sentence.
Hazardous Materials Liability. 95 13.5 Notice and Legal Defense.......................................................... 95 13.6 Failure to Defend Action.......................................................... 96 13.7 Survival.......................................................................... 96 ARTICLE 14 INSURANCE............................................................................... 96
Hazardous Materials Liability. (a) Owner shall fully indemnify, save harmless and defend the Contractor Indemnified Parties from and against all Damages in the event and only to the extent such Damages are caused or contributed to by the presence of any Hazardous Material on, or the release of any Hazardous Material on or from, the Facility Site, other than any Hazardous Material for which Contractor is responsible pursuant to Section 2.1.7 hereof; PROVIDED, HOWEVER, that the foregoing indemnification shall not apply in the event and only to the extent that the Damages are caused by or contributed to by (x) the negligence or willful misconduct of any Contractor Responsible Party.
Hazardous Materials Liability. Tenant is aware that Phase II is subject to remediation orders issued by the U.S. Environmental Protection Agency ("EPA"), as disclosed on Exhibit "L". In addition, Tenant acknowledges that Tenant has received from Landlord a copy of the reports listed on Schedule 1 to Exhibit "L", and has been given sufficient opportunity to review the reports listed on Schedule 2 to Exhibit "L" which are located at Landlord's office (all such reports being collectively defined as the "Environmental Reports"). In addition, in connection
