HAZARDOUS WASTE INDEMNITY. LESSEE hereby agrees to indemnify and hold LESSOR harmless from and against any and all demands, claims, actions, losses, damages and liabilities (the "Claims"), which may be imposed on, asserted against or incurred by LESSOR arising from or out of LESSEE's use and occupancy of the demised premises, including, without limitation, any and all liabilities pertaining to any present or future use (within the term of this Lease) in violation of any Federal, state, local or other laws, relating to pollution or protection of the environment, including, without limitation, laws relating to emissions, discharges, releases or threatened releases of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes into the environment (including, without limitation, ambient air, surface water, ground water, land surface or subsurface strata) or 42 -42- otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes. If any action or proceeding is brought against LESSOR by reason of any claim, LESSEE, upon notice from LESSOR, shall defend such action or proceeding by counsel reasonably satisfactory to LESSOR, and LESSEE shall pay all reasonable expenses incurred in connection with defending against such action or proceeding.
HAZARDOUS WASTE INDEMNITY. Borrower has furnished to Mortgagee a Phase I Environmental Site Assessment Update dated , prepared by (the “Report”). Except as disclosed to Mortgagee in the Report, Borrower has received no notification of any kind suggesting that the Property or any adjacent property is or may be contaminated with any hazardous waste or materials or is or may be required to be cleaned up in accordance with any applicable law or regulation; and Borrower further represents and warrants that, except as previously disclosed to Mortgagee in writing, to the best of its knowledge as of the date hereof, there are no hazardous waste or materials located in, on or under the Property or any adjacent property, or incorporated in any Improvements, nor has the Property or any adjacent property ever been used as a landfill or a waste disposal site, or a manufacturing, handling, storage, distribution or disposal facility for hazardous waste or materials, except for reasonable quantities of ordinary office supplies, cleaning supplies, insecticides, pesticides, and paint used in the normal operation and maintenance of the Real Property, provided that the same are used, stored, handled, and disposed of in accordance with applicable laws (“Permitted Substances”). As used herein, the term “hazardous waste or materials” includes any substance or material defined in or designated as hazardous or toxic wastes, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any federal, state or local statute, regulation or ordinance now or hereafter in effect. Borrower shall promptly comply with all statutes, regulations and ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials in, on or under the Property or any adjacent property, or incorporated in any Improvements, at Borrower’s expense. In the event that Mortgagee at any time has reason to believe that the Property is not free of all hazardous waste or materials other than Permitted Substances or that Borrower has violated any applicable environmental law with respect to the Property, then immediately upon request by Mortgagee, Borrower shall promptly order, diligently pursue obtaining and furnish to Mortgagee, at Borrower’s sole cost and expense, an environmental audit and inspection of the Property from an expert satisfacto...
HAZARDOUS WASTE INDEMNITY. The Tenant covenants that, throughout the term of this Lease, it will use the demised premises in compliance with the provisions of all statutes and laws of the State of Connecticut, and the rules and regulations of all agencies of the State of Connecticut, having jurisdiction over the protection of the environment, and the U.S. Environmental Protection Agency , as the same now exist or may hereafter be amended, and of all regulations issued thereunder as the same may now exist or may hereafter be amended, and of all regulations issued thereunder as the same may now exist or may hereafter be promulgated or amended. The Tenant shall not knowingly at any time permit to be used, stored or kept on the demised premises any “chemical liquids”, “hazardous waste”, “solid, liquid or gaseous products” or “waste oil” as those terms may be defined by statutes and laws of the State of Connecticut as the same now exist or may hereafter be amended, except in accordance with applicable law and regulations. The Tenant shall, upon the request of the Landlord, either during the term of the Lease or at the expiration thereof, take all steps and perform all acts necessary and required to remove, remedy and correct, at the sole expense of the Tenant, any condition at the demised premises caused in whole or in party by discharge, spillage, uncontrolled loss, seepage or filtration caused by the Tenant or “oil or petroleum” or “chemical liquids” or “solid, liquid or gaseous products” or “hazardous waste” or “waste oil” which may occur at any time during the term of the Lease and arising from the Tenant’s use and occupancy of the demises premises, to perform such removal, remedy or correction diligently and within a reasonably time, and to comply with all orders of governmental agencies which may be issued with respect to such discharge, spillage, uncontrolled loss, seepage or filtration of any “chemical liquids”, “hazardous waste”, “solid, liquid or gaseous products” or “waste oil” at the demised premises which may occur in violation by Lessee of any provision of this Paragraph Twenty-Sixth.
HAZARDOUS WASTE INDEMNITY. TENANT hereby indemnifies and agrees to defend, protect and hold LANDLORD, its employees or agents, harmless from and against any and all losses, liabilities, fines, charges, damages, injuries, penalties, response costs, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against the LANDLORD including, without limitation, the costs of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, remedial or other required plan and all reasonable costs and expenses incurred by LANDLORD in connection therewith, including, but not limited to, reasonable attorneys' fees for, with respect to the escape, seepage, leakage, spillage, discharge, emission, discharging or release of any Hazardous Material (as hereinafter defined) from or on the Leased Premises after TENANT takes possession of the same as a result of the actions of TENANT or its servants, agents, or subcontractors, except to the extent that the same results from Hazardous Waste present on the Leased Premises or adjoining premises prior to the time TENANT has taken possession of the same (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any Hazardous Material). LANDLORD hereby indemnifies and agrees to defend, protect and hold TENANT, its employees or agents, harmless from and against any and all losses, liabilities, fines, charges, damages, injuries, penalties, response costs, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against the TENANT including, without limitation, the costs of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, remedial or other required plans and all reasonable costs and expenses incurred by TENANT in connection therewith, including, but not limited to, reasonable attorneys' fees for, with respect to, or as a direct or indirect result of the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release of any Hazardous Material (as hereinafter defined) from or on the Leased Premises occurring prior to TENANT taking possession of the Leased Premises or resulti...
HAZARDOUS WASTE INDEMNITY. 38.1 Under the Federal Water Pollution Control Act, certain spills of “oil” and/or “hazardous substances” are prohibited and must be reported pursuant to the requirements of 40 CFR Part 110 / Discharge of Oil. Certain spills of hazardous substances must also be reported pursuant to CERCLA the Vermont Agency of Natural Resources Division of Waste Management, and Purchaser.
HAZARDOUS WASTE INDEMNITY. The Tenant agrees to indemnify and hold the Landlord harmless from any and all loss or damage resulting from any Hazardous Material that, during the term of this Lease, exists on or is discharged from, on, under or to the Leased Premises by the Tenant or its agents, except to the extent such Hazardous Material existed on the Leased Premises prior to the date hereof. Storage and use of normal and customary industrial hazardous materials (such as cleaning fluids) shall be done with extreme caution and in accordance with all applicable laws and regulations. Hazardous Material, as used in this Section, means any hazardous or toxic material, substance or waste which is defined by those or similar terms or is regulated as such under any statute, law, ordinance, rule or regulation of any local, state or federal authority having jurisdiction over the Leased Premises or its use, including, but not limited to any material, substance or waste which is:
