Hazardous Substance Indemnification. 3165 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 City (provided that such acceptance shall not be unreasonably withheld), and hold harmless City and its 3167 employees, volunteers, and agents (collectively, “Indemnitees”) from and against any and all claims, 3168 damages (including but not limited to special, consequential, natural resources, and punitive damages), 3169 injuries, costs (including but not limited to all response, remediation, and removal costs), losses, 3170 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, 3171 fines, charges, penalties, and expenses (including attorneys’ and expert witness fees incurred in 3172 connection with defending against any of the foregoing or in enforcing this indemnity (collectively, 3173 “damages”)) of any nature whatsoever paid, incurred, suffered by, or asserted against Indemnitees, 3174 arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation 3175 of any removal, remedial, response, closure, or other plan concerning any Hazardous Substances or 3176 Hazardous Waste released, spilled, or disposed of by Contractor pursuant to this Agreement. 3177 Notwithstanding the foregoing, however, Contractor is not required to indemnify the Indemnitees 3178 against claims arising from Contractor’s delivery of Discarded Materials to a facility owned or operated 3179 by a third party, unless such claims are a direct result of Contractor’s negligence or willful misconduct. 3180 The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the 3181 Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 3182 9607(e), California Health and Safety Code Section 25364, and the Resource Conservation and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and indemnify Indemnitees from 3184 liability, and shall survive the expiration or earlier termination of this Agreement.
Hazardous Substance Indemnification. Lessee represents and warrant that its use of the Premises herein will not generate any hazardous substance, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease.
Hazardous Substance Indemnification. 11.2.1 In addition to the Indemnifications set forth in Section 22, Developer shall Indemnify the City Parties from and against any and all Losses incurred by or asserted against any City Party in connection with, arising out of, in response to, or in any manner relating to: (i) Developer’s breach of any obligation under this DDA with respect to Hazardous Substances; (ii) Developer’s violation of any Environmental Law on or relative to the Project Site; (iii) a City Party’s indemnification of the State under the Public Trust Exchange Agreement or the State Parks Agreement for the environmental condition of certain land conveyed to the State; provided that if this DDA is terminated for any reason, Developer’s Indemnification under this clause (iii) with respect to any real property for which Developer did not obtain a Sub-Phase Approval shall terminate on the earlier of (A) the date that the Agency enters into a new disposition and developer agreement or similar agreement with a developer that covers the applicable real property, and (B) four (4) years following the date of termination of this DDA with respect to such real property; or (iv) any Release or threatened Release of a Hazardous Substance, or any condition of pollution, contamination or Hazardous Substance- related nuisance on, under or from real property at the Project Site (including any Public Property) to the extent the Release, threatened Release, condition, contamination or nuisance occurred during the period of Developer’s ownership of such real property or was caused, contributed to, or exacerbated by Developer or others for whom Developer is responsible; provided that this clause (iv) shall not apply as to the Agency and any other City Party to the extent that such violation, Release, threatened Release, condition, contamination or nuisance was caused, contributed to or exacerbated by the Agency or such other City Party, respectively. In addition, notwithstanding the termination language in clause (iii) of the foregoing sentence, Developer’s Indemnification under this Section 11.2.1 shall not terminate (x) with respect to the real property for which Developer obtained a Sub-Phase Approval or (y) to the extent the Indemnification obligation is covered under clauses (i), (ii), or (iv) of this Section 11.2.1. Subject to the foregoing, Developer’s obligations under this Section 11.2.1 shall: (1) apply regardless of the availability of insurance proceeds; and (2) survive the expiration or othe...
Hazardous Substance Indemnification. A. IN ADDITION, SIFI REPRESENTS AND WARRANTS THAT ITS USE OF THE PROPERTY HEREIN WILL NOT GENERATE ANY HAZARDOUS SUBSTANCE, AND IT WILL NOT STORE OR DISPOSE ON THE PROPERTY NOR TRANSPORT TO OR OVER THE PROPERTY ANY HAZARDOUS SUBSTANCE OTHER THAN SMALL AMOUNTS OF CLEANING FLUIDS, PETROLEUM IN VEHICLES, SULFURIC ACID IN SEALED GEL-CELL BATTERIES OR DIESEL FUEL TRANSPORTED TEMPORARILY ONTO THE PROPERTY AND CONTAINED IN A PORTABLE GENERATOR USED FOR EMERGENCY POWER. XXXX FURTHER AGREES TO HOLD CITY HARMLESS FROM AND INDEMNIFY CITY AGAINST ANY RELEASE OF ANY SUCH HAZARDOUS SUBSTANCE AND ANY DAMAGE, LOSS, OR EXPENSE OR LIABILITY RESULTING FROM SUCH RELEASE INCLUDING ALL ATTORNEYS' FEES, COSTS AND PENALTIES INCURRED AS A RESULT THEREOF EXCEPT ANY RELEASE CAUSED BY THE NEGLIGENCE OR INTENTIONAL ACTS OF CITY, ITS EMPLOYEES OR AGENTS. "HAZARDOUS SUBSTANCE" SHALL BE INTERPRETED BROADLY TO MEAN ANY SUBSTANCE OR MATERIAL DEFINED OR DESIGNATED AS HAZARDOUS OR TOXIC WASTE, HAZARDOUS OR TOXIC MATERIAL, HAZARDOUS OR TOXIC OR RADIOACTIVE SUBSTANCE, OR OTHER SIMILAR TERM BY ANY FEDERAL, STATE OR LOCAL ENVIRONMENTAL LAW, REGULATION OR RULE PRESENTLY IN EFFECT OR PROMULGATED IN THE FUTURE, AS SUCH LAWS, REGULATIONS OR RULES MAY BE AMENDED FROM TIME TO TIME; AND IT SHALL BE INTERPRETED TO INCLUDE, BUT NOT BE LIMITED TO, ANY SUBSTANCE WHICH AFTER RELEASE INTO THE ENVIRONMENT WILL OR MAY REASONABLY BE ANTICIPATED TO CAUSE SICKNESS, DEATH OR DISEASE.
Hazardous Substance Indemnification. Lessee represents and warrants, that its use of the Premises herein will not generate any hazardous substance, and it will not store, use or dispose on the Premises nor transport to or over the Premises any Hazardous Substance (as defined below) in violation of any applicable law. “Hazardous Substance” shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Lessor represents and warrants to Lessee that it has no knowledge of any Hazardous Substance on or affecting the Center. Notwithstanding any provision contained in this Lease to the contrary, Lessor will have sole responsibility for the identification, investigation, monitoring and remediation and cleanup of any Hazardous Substance discovered on the Center that is not solely and directly the result of Lessee’s activities.
Hazardous Substance Indemnification. 11.2.1 In addition to the Indemnifications set forth in Section 22, Developer shall Indemnify the City Parties from and against any and all Losses incurred by or asserted against any City Party in connection with, arising out of, or in response to, or in any manner relating to:
Hazardous Substance Indemnification. Contractor shall protect, defend (with counsel selected by Contractor and reasonably acceptable to County), indemnify and hold harmless County Indemnified Parties from and against all claims for actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, restitution, injuries, costs, response costs, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to reasonable attorney’s and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the County Indemnified Parties, arising out of or resulting from the acts or omissions of Contractor in connection with or related to the performance of this Agreement and concerning the release or threatened release by Contractor of any Hazardous Waste or Hazardous Materials collected, transported, received, and/or disposed of by Contractor, including, without limitation, any repair, cleanup, detoxification, or preparation and implementation of any removal, remedial, response, closure, corrective action or other plan (regardless of whether undertaken due to governmental action). The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response and Liability Act ("CERCLA"), 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect and hold harmless and indemnify the County Indemnified Parties from liability. This provision shall survive the termination of this Agreement between Contractor and the County. The foregoing indemnity shall not have any dollar limitation. The foregoing indemnity is for the exclusive benefit of the County Indemnified Parties and in no event shall such indemnity inure to the benefit of any third party. The foregoing indemnity shall supersede any other environmental indemnities of the Contractor under this Agreement. The foregoing indemnity shall not apply with respect to: (1) any Hazardous Waste or Hazardous Materials generated by the County and delivered by the County to Contractor; or (2) the disposal or release of Hazardous Materials or Hazardous Waste, which disposal or release has resulted from the active negligence or wil...
Hazardous Substance Indemnification. Lessee agrees to defend, indemnify and hold Lessor and the Port Commission (hereinafter "Indemnitees") harmless from and against any and all loss (including, without limitation, diminution in the value of the Premises or any other property) liabilities, judgments, damages, penalties, fines, costs, expenses and claims of any nature whatsoever (including, without limitation, any claims by Governmental or public authorities) to either persons or property (including, without limitation, cost of clean up, remediation, removal, restoration, replacement or monitoring required by any federal, state, local or responsible authority) any claims by Governmental or public authorities) which are caused in whole or in part by, or which in any way directly or indirectly arise out of the transportation, transfer, sale, generation, use, storage, maintenance, handling, loading, unloading, disposal, release, threatened release, presence or discharge of any Hazardous Substance by Lessee and/or its subcontractors and/or its vessels (whether owned or chartered), and/or any other person at the Premises or its adjacent property providing or receiving services of any nature to or from Lessee, regardless of the cause or causes thereof, and regardless of whether or not caused or contributed to, in whole or in part, by any negligence, fault or strict liability of Indemnitees or the unseaworthiness of any vessel for which Indemnitees are or might be held responsible.
Hazardous Substance Indemnification. Lessee agrees to indemnify and hold lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the lease term from or in connection with the presence of hazardous substances in or on the Premises as a result of the negligence, willful misconduct or other wrongful acts of Lessee. As used herein, “hazardous substance” means petroleum and related products and any substance that is toxic, ignitable, reactive or corrosive, as regulated by any local government, the State of Arizona or the United States Government, and also includes all materials or substances that are defined as “hazardous waste”, “extremely hazardous substance” or a “hazardous substance” pursuant to state, federal or local law as of the date of this Lease and as subsequently amended.
Hazardous Substance Indemnification. TENANT represents and warrants that its use of the Premises, herein, will not generate and it will not store or dispose on TENANT the property nor transport to or over the premises any hazardous substance. TENANT further agrees to hold LCOG harmless from and indemnify LCOG against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorney's fees, costs and penalties incurred as a result thereof except any release caused by the negligence of LCOG, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease.
