Hazardous Substances Indemnity Sample Clauses

Hazardous Substances Indemnity. Lessee [or other occupant pursuant to any agreement authorizing development of the leased substance] shall indemnify, defend, and hold harmless Lessor, employees, officers, and agents with respect to any and all damages, costs, liabilities, fees (including reasonable attorneys’ fees and costs), penalties (civil and criminal), and cleanup costs arising out of or in any way related to Lessee’s use, disposal, transportation, generation, sale or location upon or affecting the Leased Premises of Hazardous Substances, as defined in paragraph 9.3 of this Lease. This indemnity shall extend to the actions of Lessee’s employees, agents assigns, sublessees, contractors, subcontractors, licensees and invitees. Lessee shall further indemnify, defend and hold harmless Lessor from any and all damages, costs, liabilities, fees (including reasonable attorneys’ fees and costs), penalties (civil and criminal), and cleanup costs arising out of or in any way related to any breach of the provisions of this Lease concerning Hazardous Substances. This indemnity is in addition to, and in no way limits, the general indemnity contained in paragraph 16.1 of this Lease.
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Hazardous Substances Indemnity. Developer expressly agrees to and shall indemnify, defend with counsel of Authority’s selection, release and hold Authority, City, their respective officers, officials, directors, agents, servants, employees, attorneys and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses that, foreseeably or unforeseeably, directly or indirectly, arises from, or in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the Property of any Hazardous Substances by Developer or its officers, directors, employees, agents, and contractors. For the purposes of this Section, “Costs and Expenses” include, but are not limited to, the cost of any necessary, ordered, adjudicated, or otherwise required remediation or removal of Hazardous Substances, any cost of repair of improvements on the Property or surrounding property necessitated by or related to the remediation or removal of Hazardous Substances, the cost of any tests, samples, studies, investigations, or other preparation reasonably undertaken in preparation or furtherance of remediation or removal of Hazardous Substances, and the cost of preparing plans for the remediation or removal of Hazardous Substances. Notwithstanding the foregoing, Developer expressly agrees to, at its sole expense, and with legal counsel of the Authority’s choice, defend the Authority, the City and their respective officials, officers, employees, agents, and contractors in any Action in which the Authority, the City or their respective officials, officers, employees, agents, and contractors become or may become involved as a result of the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the Property of any Hazardous Substances by Developer or its officers, directors, partners, employees, agents, and contractors. Developer’s obligations under this Section shall survive the termination of this Agreement.
Sample 1
Hazardous Substances Indemnity. Lessee [or other occupant pursuant to any agreement authorizing mining] shall indemnify, defend, and hold harmless Lessor and the United States (as successor Lessor or owner pursuant to reversion or as owner of surface estate) its agencies, employees, officers, and agents with respect to any and all damages, costs, liabilities, fees (including attorneys’ fees and costs), penalties (civil and criminal), and cleanup costs arising out of or in any way related to Lessee’s use, disposal, transportation, generation, sale or location upon or affecting the Leased Premises of Hazardous Substances, as defined in paragraph 9.4 of this Lease. This indemnity shall extend to the actions of Lessee’s employees, agents assigns, sublessees, contractors, subcontractors, licensees and invitees. Lessee shall further indemnify, defend and hold harmless Lessor and the United States from any and all damages, costs, liabilities, fees (including attorneys’ fees and costs), penalties (civil and criminal), and cleanup costs arising out of or in any way related to any breach of the provisions of this Lease concerning Hazardous Substances. This indemnity is in addition to, and in no way limits, the general indemnity contained in paragraph 16.1 of this Lease.
Sample 1Sample 2
Hazardous Substances Indemnity. The Licensee will indemnify, and save harmless the Licensor and its partners, directors, officers, shareholders, employees, agents, successors and assigns, as applicable (collectively, excluding the Licensor, the “Licensor’s Representatives”) from and against all loss, expense (including investigation and remediation expenses), claims, demands, actions, suits or other proceedings, judgements, damages, penalties, fines, costs, liabilities, reduction in the market value of any adjacent lands, damages for loss or restriction in use of the Road or any adjacent lands, sums paid in settlement of claims, legal fees (on a solicitor and own client basis), consultants’ fees and experts’ fees which arise during or after the Term in connection with the presence or suspected presence of any Hazardous Substance or any other contamination in, upon, above, under or about the Road or adjacent lands or has been or is in the future Released from the Road or adjacent lands, caused by, contributed to or aggravated by the Licensee or its employees, contractors, agents, invitees or any other person for whom the Licensee is responsible in law or who is on or about the Road or adjacent lands as a result of the Licensee’s use or occupancy of the Road. For greater certainty, this indemnity applies to expenses incurred by the Licensor to investigate and remediate contamination even if not required to do so by a governmental authority or by law. RISK AND LIMITATION OF LIABILITY
Sample 1
Hazardous Substances Indemnity. LANDOWNER agrees and covenants to indemnify and defend PUBLIC AGENCY and its officers, employees and agents, harmless from and against any and all liabilities, penalties, losses, damages, costs, expenses (including reasonable attorneys' fees, whether for outside or staff counsel), causes of action, claims, or judgments that arise by reason of any death, bodily injury, personal injury, property damage, or violation of any law or regulation resulting from any acts or omissions related to the presence, use, storage, treatment, transportation, release, or disposal of Hazardous Substances on or about any portion of the Reservation Parcel. LANDOWNER further agrees and understands that PUBLIC AGENCY does not, and shall not be deemed to, waive any rights against LANDOWNER which it may have by reason of the aforesaid indemnity and hold harmless agreement because of any insurance coverage available to PUBLIC AGENCY. The provisions of this Section 10 shall survive the transfer to title of the Reservation Parcel to PUBLIC AGENCY hereunder. This Section 10 does not apply to or modify, nor shall any other provision of this Agreement apply to or modify, the LANDOWNER’s or City of Sacramento’s rights or obligations toward each other or toward third parties including PUBLIC AGENCY concerning the closed 28th Street Landfill or any substance that may emanate from the Landfill.
Sample 1
Hazardous Substances Indemnity. Lessee [or other occupant pursuant to any agreement authorizing mining] shall indemnify, defend, and hold harmless Lessor its agencies, employees, officers, and agents with respect to any and all damages, costs, liabilities, fees (including attorneys’ fees and costs), penalties (civil and criminal), and cleanup costs arising out of or in any way related to Lessee’s use, disposal, transportation, generation, sale or location upon or affecting the Leased Premises of Hazardous Substances, as defined in paragraph 9.4 of this Lease. This indemnity shall extend to the actions of Lessee’s employees, agents assigns, sublessees, contractors, subcontractors, licensees and invitees. This indemnity is in addition to, and in no way limits, the general indemnity contained in paragraph 16.1 of this Lease.
Sample 1
Hazardous Substances Indemnity. Licensee expressly agrees to and shall indemnify, defend, release and hold the City, their officers, officials, directors, agents, servants, employees, harmless from and against any liability, loss, fine, penalty, fee, charge, lien, judgment, damage, entry, claim, cause of action, suit, proceeding (whether legal or administrative), remediation, response, removal, or clean-up and all costs and expenses associated therewith, and all other costs and expenses (including, but not limited to, attorney’s fees, expert fees, and court costs) in any way related to the disposal, treatment, transportation, manufacture, or use of any Hazardous Substances which were caused to be placed on, in, under, or about the City Facilities by Licensee, its officers, directors, agents, servants, employees. However, this requirement to indemnify, defend, release and hold harmless specifically excludes any such liability, loss, fine, penalty, fee, charge, lien, judgment, damage, entry, claim, cause of action, suit, proceeding (whether legal or administrative), remediation, response, removal, or clean-up and all costs and expenses associated therewith, and all other costs and expenses (including, but not limited to, attorney’s fees, expert fees, and court costs) that are solely related to the City's, their officers', officials', directors', agents', servants', or employees' own disposal, treatment, transportation, or manufacture of such Hazardous Substances. This indemnity, defense and hold harmless obligation shall survive the expiration or termination of this Agreement.
Sample 1
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Hazardous Substances Indemnity. The Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Lender) the Lender and its directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including, but not limited to, reasonable attorneys’ fees and expenses), arising directly or indirectly, in whole or in part, out of (i) the presence on or under the Gaming Business Real Estate of any Hazardous Substances, or any releases or discharges of any Hazardous Substances on, under or from the Gaming Business Real Estate and (ii) any activity carried on or undertaken on or off the Gaming Business Real Estate by the Borrower, any Guarantor or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by the Borrower, a Guarantor or any predecessor in title or any employees, agents, contractors or subcontractors of the Borrower, a Guarantor or any predecessor in title, or any third persons at any time occupying or present on the Gaming Business Real Estate, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport or disposal of any Hazardous Substances at any time located or present on or under the Gaming Business Real Estate. The foregoing indemnity shall further apply to any residual contamination on or under the Gaming Business Real Estate, or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Substances, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to (i) Hazardous Substances on the Gaming Business Real Estate, the presence of which is caused by the Lender or (ii) activities carried on or undertaken by the Lender, in each case subsequent to its entry into the Gaming Business Real Estate (but only to the extent that the same are not attributable to the Borrower or any Guarantor).
Sample 1
Hazardous Substances Indemnity a. Landlord represents and warrants that any handling, transportation, storage, treatment or usage of toxic or hazardous substances that has occurred on the Premises to January 1, 1990, has been in substantial compliance with all applicable federal, state and local laws, regulations, and ordinances. Landlord further represents and warrants that no consent order by any state or Federal Agency has been issued in regard to said premises, and that Landlord will disclose to Tenant any substantial leak, spill, release, discharge, emission, or disposal of toxic or hazardous substances which has occurred on the Premises prior to January 1, 1990. b. Landlord shall indemnify, defend (with counsel acceptable to Tenant) and hold Tenant and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims) or loss including attorneys' fees, consultant fees, and expert fees (consultants and experts to be selected by Tenant) that arise during or after the lease term from or in connection with the presence or suspected presence of toxic or hazardous substances in the soil, or groundwater at the Premises, or the investigation or remediation cleanup or removal thereof, unless the toxic or hazardous substances are present (a) solely as a result of the conduct of Tenant, its officers, employees or agents after January 1, 1990 or (b) solely as a result of the conduct of third parties. c. Tenant shall indemnify, defend (with counsel acceptable to Landlord) and hold Landlord and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims) or loss including attorneys' fees, consultant fees, and expert fees (consultants and experts to be selected by Landlord) that arise during or after the lease term from or in connection with the presence or suspected presence of toxic or hazardous substances in the soil, or groundwater at the Premises, or the investigation or remediation cleanup or removal thereof, unless the toxic or hazardous substances are present (a) solely as a result of the conduct of Landlord, its officers, employees or agents, or (b) solely as a result of the conduct of third parties. d. As used herein, the term "toxic or hazardous substances" means any toxic or hazardous substance, material or waste which is or becomes regulated by any appropriate governmental authority. Th...
Sample 1

Related to Hazardous Substances Indemnity

  • Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.

  • Hazardous Material Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Work.

  • Hazardous Materials Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

  • Hazardous Conditions Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at Contractor’s expense and without cost to the County. The Contractor shall comply with County directives regarding potential hazards. Emergency lights and traffic cones must also be readily available at all times and must be used in any hazardous condition. Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation. The Contractor shall take proper safety and health precautions to protect the Work, the workers, the public, and the property of others. The Contractor shall also be responsible for all materials delivered and Work performed until completion and acceptance of the entire construction Work, except for any completed unit of construction thereof which theretofore may have been accepted.

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