Common use of Indemnification for Environmental Claims Clause in Contracts

Indemnification for Environmental Claims. Lessee shall indemnify and defend Lessor, and hold Lessor harmless, from and against any and all losses to Lessor it’s employees, agents, directors, officers and partners resulting from past, present or future use, manufacture, handling, storage, transportation or disposal of Hazardous Materials (defined below in this paragraph) or other toxic materials. During the Term of this Lease, Lessor, at Lessor’s sole option, may obtain, at Lessee’s expense, written certification and a Phase I environmental audit report from a reputable environmental consultant of Lessor’s choice concerning whether the Premises, and any other improvements on the Premises have been or are presently being used for or in connection with the handling, manufacturing, storage, transportation or disposal of Hazardous Materials or other toxic substances, and whether the Premises contains any Hazardous Materials or other hazardous or toxic substances or any other environmental hazards or adverse environmental conditions. The certification and environmental audit provided to Lessor pursuant to this paragraph shall be prepared and provided by an environmental firm or consultant which shall be engaged by and acceptable to Lessor. Should the presence of any Hazardous Materials, other hazardous or toxic substances or any other environmental hazards or adverse environmental condition be revealed by the certification or audit, or be otherwise discovered, Lessee shall complete a remediation plan that meets the requirements of the environmental firm or consultant and Lessor, and Lessor may require, in Lessor’s sole discretion, and at Lessor’s option, that all violations with respect to Hazardous Materials or other toxic substances be corrected and that Lessee obtain all necessary permits, all at Lessee’s sole cost and expense. As used in this Lease, the term “Hazardous Material” shall mean and refer to (a) any material defined as “hazardous waste” or a “hazardous substance” or “hazardous material” or a “chemical substance” or “mixture” or “toxic substances” under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq.; or the Toxic Substances Control Act, as amended, 15 U.S.C. § 2601, et seq.; and (b) other solid, semisolid, liquid or gaseous substances which are toxic, ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant, or animal health or well-being.

Appears in 1 contract

Samples: Lease Agreement With Option to Purchase (Remembrance Group, Inc.)

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Indemnification for Environmental Claims. Lessee shall indemnify and defend Lessor, and hold Lessor harmless, from and against any and all losses to Lessor it’s employees, agents, directors, officers and partners resulting from past, present or future use, manufacture, handling, storage, transportation or disposal of Hazardous Materials (defined below in this paragraph) or other toxic materials. During the Term term of this Lease, Lessor, at Lessor’s sole option, may obtain, at Lessee’s expense, written certification and a Phase I environmental audit report from a reputable environmental consultant of Lessor’s choice concerning whether the Premises, and any other improvements on the Premises have been or are presently being used for or in connection with the handling, manufacturing, storage, transportation or disposal of Hazardous Materials or other toxic substances, and whether the Premises contains any Hazardous Materials or other hazardous or toxic substances or any other environmental hazards or adverse environmental conditions. The certification and environmental audit provided to Lessor pursuant to this paragraph shall be prepared and provided by an environmental firm or consultant which shall be engaged by and acceptable to Lessor. Should the presence of any Hazardous Materials, other hazardous or toxic substances or any other environmental hazards or adverse environmental condition be revealed by the certification or audit, or be otherwise discovered, Lessee shall complete a remediation plan that meets the requirements of the environmental firm or consultant and Lessor, and Lessor may require, in Lessor’s sole discretion, and at Lessor’s option, that all ail violations with respect to Hazardous Materials or other toxic substances be corrected and that Lessee obtain all necessary permits, all at Lessee’s sole cost and expense. As used in this Lease, the term “Hazardous Material” shall mean and refer to (a) any material defined as “hazardous waste” or a “hazardous substance” or “hazardous material” or a “chemical substance” or “mixture” or “toxic substances” under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq.; or the Toxic Substances Control Act, as amended, 15 U.S.C. § 2601, et seq.; and (b) other solid, semisolidsemi-solid, liquid or gaseous substances which are toxic, ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant, or animal health or well-being.

Appears in 1 contract

Samples: Lease Agreement With Option to Purchase (Remembrance Group, Inc.)

Indemnification for Environmental Claims. Lessee shall indemnify and defend LessorXxxxxx, and hold Lessor harmless, from and against any and all losses to Lessor it’s employees, agents, directors, officers and partners resulting from past, . present or future use, manufacture, handling, storage, transportation or disposal of Hazardous Materials (defined below in this paragraph) or other toxic materials. During the Term term of this Lease, . Lessor, at Lessor’s sole option, may obtain, at Lessee’s expense, written certification and a Phase I environmental audit report from a reputable environmental consultant of Lessor’s choice concerning whether the Premises, and any other improvements on the Premises have been or are presently being used for or in connection with the handling, manufacturing, storage, . transportation or disposal of Hazardous Materials or other toxic substances, and whether the Premises contains any Hazardous Materials or other hazardous or toxic substances or any other environmental hazards or adverse environmental conditions. The certification and environmental audit provided to Lessor pursuant to this paragraph shall be prepared and provided by an environmental firm or consultant which shall be engaged by and acceptable to Lessor. Should the presence of any Hazardous Materials, other hazardous or toxic substances or any other environmental hazards or adverse environmental condition be revealed by the certification or audit, or be otherwise discovered, Lessee shall complete a remediation plan that meets the requirements of the environmental firm or consultant and Lessor, and Lessor may require, . in LessorXxxxxx’s sole discretion, and at LessorXxxxxx’s option, that all violations with respect to Hazardous Materials or other toxic substances be corrected and that Lessee obtain all necessary permits, all at Lessee’s sole cost and expense. As used in this Lease, the term “Hazardous Material” shall mean and refer to (a) any material defined as “hazardous waste” or a “hazardous -hazardous substance” or “hazardous material” or a “chemical substance” or “mixture” or “toxic substances” under the Comprehensive Environmental Response, . Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seqseg.; or the Toxic Substances Control Act, as amended, 15 U.S.C. § 2601, et seq.; and (b) other solid, semisolid, . semi-solid. liquid or gaseous substances which are arc toxic, ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant, or animal health or well-being.

Appears in 1 contract

Samples: Lease Agreement With Option to Purchase (Remembrance Group, Inc.)

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Indemnification for Environmental Claims. Lessee shall indemnify and defend Lessor, and hold Lessor harmless, from and against any and all losses to Lessor it’s employees, agents, directors, officers and partners resulting from past, present or future use, manufacture, handling, storage, transportation or disposal of Hazardous Materials (defined below in this paragraph) or other toxic materials. During the Term term of this Lease, Lessor, at Lessor’s sole option, may obtain, at Lessee’s expense, written certification and a Phase I 1 environmental audit report from a reputable environmental consultant of Lessor’s choice concerning whether the Premises, and any other improvements on the Premises have been or are presently being used for or in connection with the handling, manufacturing, storage, transportation or disposal of Hazardous Materials or other toxic substances, and whether the Premises contains any Hazardous Materials or other hazardous or toxic substances or any other environmental hazards or adverse environmental conditions. The certification and environmental audit provided to Lessor pursuant to this paragraph shall be prepared and provided by an environmental firm or consultant which shall be engaged by and acceptable to Lessor. Should the presence of any Hazardous Materials, other hazardous or toxic substances or any other environmental hazards or adverse environmental condition be revealed by the certification or audit, or be otherwise discovered, Lessee shall complete a remediation plan that meets the requirements of the environmental firm or consultant and Lessor, and Lessor may require, in Lessor’s sole discretion, and at Lessor’s option, that all violations with respect to Hazardous Materials or other toxic substances be corrected and that Lessee obtain all necessary permits, all at Lessee’s sole cost and expense. As used in this Lease, the term “Hazardous Material” shall mean and refer to (a) any material defined as “hazardous waste” or a “hazardous substance” or “hazardous material” or a “chemical substance” or “mixture” or “toxic substances” under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq.; or the Toxic Substances Control Act, as amended, 15 U.S.C. § 2601, et seq.LeA.; and (b) other solid, semisolid, liquid or gaseous substances which are toxic, ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant, or animal health or well-being.

Appears in 1 contract

Samples: Lease Agreement With Option to Purchase (Remembrance Group, Inc.)

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