Indemnification for Hazardous Materials. (a) To the fullest extent permitted by law, Tenant hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to County) County, its elected officials, officers, employees, agents, independent contractors, and the Premises, from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable (collectively, “Liabilities”), arising out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by Tenant or Tenant Parties, and excluding all Existing Hazardous Materials.
(b) The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Premises and the preparation of any closure or other required plans.
(c) The foregoing indemnity and defense obligations of this Lease shall survive its expiration or termination; provided, however, that the indemnity contained in this Section
Indemnification for Hazardous Materials. To the fullest extent permitted by law, CONTRACTOR 5 hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY) 6 COUNTY, its elected officials, officers, employees, agents, independent contractors, and the Premises 7 from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss 8 or restriction on use of rentable or usable space or any amenity of the Premises or damages arising from 9 any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys’ fees, disbursements and court costs and all other professional or consultant’s expenses), whether 12 foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about 13 the Premises by CONTRACTOR or CONTRACTOR Parties. The foregoing indemnity shall also 14 specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of 15 the Premises and the preparation of any closure or other required plans. 16 17 N. BEST MANAGEMENT PRACTICES (AMF 9.2 N) 18 19 CONTRACTOR and all of CONTRACTOR’s, subtenant, agents, employees and contractors shall conduct 20 operations under this Exhibit B so as to assure that pollutants do not enter municipal storm drain systems 21 which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems (“Stormwater Drainage System”), and to ensure that pollutants do not directly impact “Receiving 22 Waters” (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, 23 lakes, harbors, bays and oceans). 24 25 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant 29 COUNTY Parties have enacted water quality ordinances that prohibit conditions and activities that may 30 result in polluted runoff being discharged into the Stormwater Drainage System. 32 To assure compliance with the Stormwater Permits and water quality ordinances, the COUNTY Parties 33 have developed a Drainage Area Management Plan (“DAMP”) which includes a Local Implementation 36 34 Plan (LIP) for each jurisdiction that contains Best Management Practices (“BMPs”) that parties using proper...
Indemnification for Hazardous Materials. Tenant agrees to include in the Construction Contract: “To the fullest extent permitted by law, Contractor hereby agrees to indemnify, hold harmless, protect and defend the County (with attorneys acceptable to County), its Board, elected officials, officers, employees, agents, independent contractors, and the Premises, from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable, to the extent caused by the use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by Contractor. The foregoing obligations shall not apply to any pre-existing Hazardous Materials.”
Indemnification for Hazardous Materials. The Company and each Guarantor, jointly and severally, covenants and agrees, at its sole cost and expense, to indemnify, protect and save the Indemnified Parties and the Purchaser (the "Indemnitees") harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses (including, without limitation, attorneys' and experts' reasonable fees and disbursements) of any kind or of any nature whatsoever (collectively, the "Indemnified Matters") which may at any time be imposed upon, incurred by or asserted or awarded against Indemnitees and arising from or out of:
(i) any hazardous materials, as defined under any Laws as defined below, on, in, under or affecting all or any portion of the property subject to the Guarantor Mortgage or any surrounding areas (but in the case of hazardous materials in surrounding areas, only if the source of such materials is or is alleged to be the Company, any Guarantor or the Guarantor Project Facilities), or
(ii) the enforcement of this paragraph or the assertion by the Company or any Guarantor of any defense to its obligations hereunder (except the successful defense of actual performance not subject to further appeal), whether any of such matters arise before or after the Closing Date or before or after foreclosure of the Guarantor Mortgage or other taking of title to the Company's or any Guarantor's interest in all or any portion of the Guarantor Project Facilities by Indemnitees or any affiliate of Indemnitees. Indemnified Matters shall include, without limitation, all of the following: (i) the costs of removal of any and all hazardous materials from all or any portion of the property or any surrounding areas (except that the indemnity provided for under this paragraph shall not cover the costs of such removal unless either (a) such removal is required by any federal or state law, regulation or regulatory agency ("Laws") or (b) any present or future use, operation, development, construction, alteration or reconstruction of all or any portion of the Guarantor Project Facilities is or would be conditioned in any way upon, or is or would be limited in any way until the completion of, such removal in accordance with any Laws), (ii) additional costs required to take necessary precautions as required by law to protect against the release of hazardous materials on, in, under or affecting the Guarantor Project ...
Indemnification for Hazardous Materials. To the fullest extent permitted by law, 25 CONTRACTOR hereby agrees to indemnify, hold harmless, protect and defend (with attorneys 26 acceptable to COUNTY) COUNTY, its elected officials, officers, employees, agents, independent 27 contractors, and the Premises from and against any and all liabilities, losses, damages (including, but not 28 limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the 29 Premises or damages arising from any adverse impact on marketing and diminution in the value of the 30 Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, 31 but not limited to, reasonable attorneys’ fees, disbursements and court costs and all other professional or 32 consultant’s expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the 33 presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous 34 Materials on, into, from, under or about the Premises by CONTRACTOR or CONTRACTOR Parties. 35 The foregoing indemnity shall also specifically include the cost of any required or necessary repair, 36 restoration, clean-up or detoxification of the Premises and the preparation of any closure or other 37 required plans.
Indemnification for Hazardous Materials. To the fullest extent permitted by law, HOLDER hereby agrees to indemnify, hold harmless, protect and defend [with attorney(s) approved in writing by Director] DISTRICT and County, their elected officials, officers, employees, agents, and independent contractors and the Agreement Area, from and against any and all liabilities, losses, damages (including, but not limited to, damages for the loss or restriction of use of rentable or usable space or any amenity of the Agreement Area or damages arising from any adverse impact on marketing and diminution in the value of the Agreement Area), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorney fees, disbursements and court costs and all other professional or consultant expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Agreement Area by HOLDER or HOLDER Parties. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Agreement Area and/or other real property and the preparation of any closure or other required plans.
Indemnification for Hazardous Materials. To the fullest extent permitted by law, MANAGER hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to DISTIRCT) DISTRICT, the County, its elected officials, officers, employees, agents and independent contractors and the Property, from and against any and all liabilities, losses, damages including, but not limited to, damages for the loss or restriction on any use of the Property, diminution in the value of the Property, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys’ fees, disbursements and court costs and all other professional or consultant’s expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Property by MANAGER. The foregoing indemnity shall also specifically include the cost of any required or necessary repair! restoration! clean-up or detoxification of the Property and the preparation of any closure or other required plans.
Indemnification for Hazardous Materials. Client agrees that Consultant has not contributed to the presence of hazardous wastes, oils, asbestos or other Hazardous Materials that may exist or be discovered in the future at the site and that Consultant does not assume any liability for the known or unknown presence of such materials. In acknowledgment of the imbalance between Consultant’s and Client’s relative benefits and risks in connection with the project and the services, Client shall to the fullest extent permitted by law defend, indemnify, and hold harmless Consultant, its subconsultants, subcontractors, agents, and employees from and against any and all claims, damages, losses and expenses, including court costs and attorney’s fees that result from the presence, failure to detect or from the actual, alleged, or threatened release, discharge, dispersal or escape of any solid, liquid, gaseous or thermal irritant, asbestos in any form, or contaminants including smoke, vapor, soot, fumes, acids, alkalies, chemicals, waste oils or other Hazardous Materials, including nonconforming Hazardous Materials. Client shall be liable for claims, damages, losses, and expenses including defense costs and attorney’s fees, unless such claims, damages, losses and expenses are caused by Consultant’s sole negligence.
Indemnification for Hazardous Materials. Employer shall indemnify, protect, defend and hold BGI and Employee harmless from and against any and all losses or damages, liabilities,
Indemnification for Hazardous Materials. If during preparation for or construction of the Energy System, any Hazardous Materials are identified in, on or under the Property, construction shall cease immediately, and Tenant shall notify Building Owner of the presence of Hazardous Materials in writing. Building Owner shall determine the nature and extent of the Hazardous Materials and Building Owner shall comply with all Environmental Laws regarding the Hazardous Materials. If it is determined that Tenant was responsible for the deposit of the Hazardous Materials on the Property, Tenant shall be responsible for the investigation and remediation of such Hazardous Materials and shall promptly pay one hundred percent (100%) of the investigation and remediation costs incurred in connection therewith, otherwise Building Owner shall promptly pay all such investigation and remediation costs.
