Common use of Hazardous or Toxic Materials Clause in Contracts

Hazardous or Toxic Materials. Landlord, to Landlord's best actual knowledge, as of the date of this Lease, (which knowledge Landlord represents is based solely upon the contents of the Environmental Reports listed on EXHIBIT "N" attached hereto) has not used, discharged, dumped, spilled or stored (other than use or storage in compliance with all applicable laws) any Hazardous Substances (as defined in the Construction Provisions) on or about the Shopping Center, whether accidentally or intentionally, and has received no notice and has no knowledge that any such condition exists at the Shopping Center. If any claim is ever made against Tenant relating to Hazardous Substances present at or around the Shopping Center, whether or not such substances are present as of the date hereof, or any such Hazardous Substances are hereafter discovered at the Shopping Center (unless introduced by Tenant, its agents, invitees or employees), all costs of removal incurred by, all liability imposed upon, or damages suffered by, Tenant because of the same shall be borne by Landlord, and Landlord hereby indemnifies and agrees to defend and hold Tenant harmless from and against all such costs, losses, liabilities and damages, including, without limitation, all third-party claims (including sums paid in settlement thereof, with or without legal proceedings) for personal injury or property damage and other claims, actions, administrative proceedings, judgments, compensatory and punitive damages, lost profits, penalties, fines, costs, losses, attorneys' fees and expenses (through all levels of proceedings), consultants or experts fees and all costs incurred in enforcing this indemnity. The representation, warranty and indemnity of Landlord described in this paragraph 19(a)(v) shall survive the termination or expiration of this Lease. Notwithstanding the foregoing, Landlord shall not be required to remove or to remediate Hazardous Substances unless such Hazardous Substances materially interfere with the conduct and operation of Tenant's business from the Shopping Center or unless Tenant or Landlord is required to remove same pursuant to a governmental or court order or judgment or is required by applicable law, code, regulation or the like.

Hazardous or Toxic Materials. Landlord, Mortgagor expressly represents to Landlord's Mortgagee that to the best actual knowledge, as of its knowledge the date of this Lease, (which knowledge Landlord represents is based solely upon the contents of the Environmental Reports listed on EXHIBIT "N" attached hereto) Mortgaged Property has not in the past been used, dischargedis not presently being used, dumped, spilled or stored (other than use or storage in compliance with all applicable laws) any Hazardous Substances (as defined and will not in the Construction Provisions) on future be used for the handling, storage, transportation, or about the Shopping Center, whether accidentally disposal of hazardous or intentionally, toxic materials except as permitted by law and has received approved in advance by Mortgagee and that no notice and has no knowledge that any such condition exists at the Shopping Center. If any claim is ever made against Tenant relating to Hazardous Substances present at spillage or around the Shopping Center, whether or not leakage of such substances are present as of has occurred on the date hereof, or any such Hazardous Substances are hereafter discovered at the Shopping Center (unless introduced by Tenant, its agents, invitees or employees), all costs of removal incurred by, all liability imposed upon, or damages suffered by, Tenant because of the same shall be borne by Landlord, and Landlord hereby indemnifies and Mortgaged Property. Mortgagor agrees to indemnify, defend and hold Tenant Mortgagee harmless from and against all such costsany loss, lossesliability, liabilities and damagesor damages to Mortgagee, including, including without limitation, all third-party claims (including sums paid in settlement thereof, with or without legal proceedings) for personal injury or property damage and other claims, actions, administrative proceedings, judgments, compensatory and punitive damages, lost profits, penalties, fines, costs, losses, limitation attorneys' fees fees, incurred by Mortgagee as a result of such past, present or future use, handling, storage, transportation, disposal, spillage or leakage of hazardous or toxic materials. Mortgagee, at Mortgagee's sole option at any time that Loan proceeds remain outstanding, may obtain, at Mortgagor's expense, a satisfactory report from a reputable environmental consultant of Mortgagee's choice as to whether the Mortgaged Property has been or presently is being used for the handling, storage, transportation, or disposal of hazardous or toxic materials and expenses that no spillage or leakage of such materials has occurred on the Mortgaged Property. In the event Mortgagee requests such a report and said report indicates such past or present use, handling, storage, transportation, disposal, spillage or leakage, Mortgagee may require that all violations of law with respect to hazardous or toxic materials be corrected and/or that Mortgagor obtain all necessary environmental permits within thirty (through all levels 30) days of proceedingsMortgagee's notice to Mortgagor or Mortgagor's discovery of a violation(s), consultants or experts fees and all costs incurred in enforcing this indemnity. The representationwhichever occurs sooner, warranty and indemnity of Landlord described in this paragraph 19(a)(vprovided, however, if such violation(s) shall survive the termination or expiration of this Lease. Notwithstanding the foregoing, Landlord shall cannot be required corrected or such permit obtained within such thirty (30) day period, and provided Mortgagor commences the necessary corrective action within such thirty (30) day period and diligently pursues compliance or work necessary to remove obtain necessary permits, Mortgagor shall have a reasonable time, not to exceed ninety (90) days, to correct such condition or to remediate Hazardous Substances unless obtain required permits within such Hazardous Substances materially interfere with time periods shall constitute a default hereunder entitling Mortgagee to the conduct and operation of Tenant's business from the Shopping Center or unless Tenant or Landlord is required to remove same pursuant to a governmental or court order or judgment or is required by applicable law, code, regulation or the likeremedies provided herein.

Hazardous or Toxic Materials. Landlord, to Landlord's best actual knowledge, as of the date of this Lease, (which knowledge Landlord represents is based solely upon the contents of the Environmental Reports listed on EXHIBIT "N" attached hereto) has not used, ---------------------------- generated, discharged, dumped, spilled or stored any toxic or hazardous substances, asbestos or any other chemicals or substances in amounts exceeding standards for public health or welfare as established and regulated by any local governmental authority, the State or the United States government (other than use "Hazardous Substances") or storage in compliance with all violation of any applicable laws) any Hazardous Substances (as defined in the Construction Provisions) laws on or about the Shopping Center, whether accidentally or intentionally, legally or illegally, and has received no notice and has no knowledge that any such condition exists at the Shopping Center. If any claim is ever made against Tenant relating to Hazardous Substances present at or around the Shopping Center, whether or not such substances are present as of the date hereof, or any such Hazardous Substances are hereafter discovered at the Shopping Center (unless introduced by Tenant, its agents, invitees employees or employeesinvitees), all costs of removal incurred by, all liability imposed upon, or damages suffered by, Tenant because of the same shall be borne by Landlord, and Landlord hereby indemnifies and agrees to defend and hold Tenant harmless from and against all such costs, losses, liabilities and damages, including, without limitation, all third-party claims (including sums paid in settlement thereof, with or without legal proceedings) for personal injury or property damage and other claims, actions, administrative proceedings, judgments, compensatory and punitive damages, lost profits, penalties, fines, costs, losses, attorneys' fees and expenses (through all levels of proceedings), consultants or experts fees and all costs incurred in enforcing this indemnity, except that, with respect to Hazardous Substances introduced to the Shopping Center after the date of this Lease by a third party not a tenant or owner of any portion of the Shopping Center, and not an employee, agent, contractor, customer, licensee or invitee of any such tenant or owner, Landlord shall not be liable to Tenant for any lost profits otherwise indemnified against under this paragraph. The representation, warranty and indemnity of Landlord described in this paragraph 19(a)(v) shall survive the termination or expiration of this Lease. Notwithstanding the foregoing, Landlord shall not be required to remove or to remediate Hazardous Substances unless such Hazardous Substances materially interfere with the conduct and operation of Tenant's business from the Shopping Center or unless Tenant or Landlord is required to remove same pursuant to a governmental or court order or judgment or is required by applicable law, code, regulation or the like.