Indemnification for Hazardous Substances. Licensee shall defend, indemnify and hold the Indemnified Parties, as defined in Section 3.9 above, free and harmless, pursuant to the provisions of Section 3.9 above, in any manner arising out of, pertaining to, or incident to the presence of any Hazardous Substances brought onto or permitted to be brought onto the Licensed Land by Licensee, or its employees or agents. The foregoing indemnity is intended to operate as an agreement pursuant to, among other requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify the Indemnified Parties from any liability created by the Licensee pursuant to such sections.
Indemnification for Hazardous Substances. Licensee shall defend, indemnify and hold City and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, or expenses (including, without limitation, the cost of reasonable attorney’s fees) to the extent arising as a result of the presence of use of any Hazardous Substances placed or caused to be placed by Licensee or its partners, affiliates, agents, officials, officers, contractors or employees on the Licensed City Property. The foregoing indemnity is intended to operate as an agreement pursuant to, among other requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify the City from any liability created by the Licensee pursuant to such sections.
Indemnification for Hazardous Substances. Tenant acknowledges that all Claims arising out of or in any way connected with releases, discharges or exacerbation of a Hazardous Substance, occurring as a result of or in connection with Xxxxxx’s use or occupancy of the Leased Premises, the activities of Tenant or any of Tenant’s Representatives, and all costs, expenses and liabilities for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remediation and other response costs, including attorneys’ fees and disbursements and any fines and penalties imposed for the violation of any Legal Requirements relating to the environment or human health, are expressly within the scope of the indemnity set forth above. The purpose of the foregoing indemnity is to protect Landlord and the Indemnitees from expenses and obligations related to Hazardous Substances on, under or about the Leased Premises or Access Road to the fullest extent permitted by law. The Tenant’s obligation to defend includes, but is not limited to, the obligation to defend claims and participate in administrative proceedings, even if they are false or fraudulent.
Indemnification for Hazardous Substances. The Mortgagor does hereby indemnify and agree to hold the Mortgagee harmless from and against all claims, damages, expenses (including reasonable attorneys' fees), liabilities and all other obligations (including, without limitation, third party claims for personal injury or real or personal property damage) which the Mortgagee may incur or be exposed to as a result of any one or more of the following:
(a) The breach of any representation, warranty, covenant, term or condition contained in this Agreement.
(b) Any damages arising out of the Permitted Use as set forth above.
(c) The breach by the Mortgagor of any of its obligations to furnish an Environmental Report as set forth above.
(d) The presence, suspected presence, threat of release, release or suspected release of any Hazardous Substance in, on or into the air, soil, surface water, groundwater or soil vapor at, on, about, under, within or from the Property, or any portion thereof, including, without limitation, any Hazardous Substance identified by the Mortgagor or Mortgagee.
(e) In the event the Mortgagor fails to undertake Remedial Work in accordance with this Agreement, any costs or expenses which may be incurred by the Mortgagee in performing Remedial Work in connection with removing any Hazardous Substances from the Property; provided, however, nothing contained in this Agreement or in any other Loan Document shall impose any duty or obligation whatsoever upon the Mortgagee to so clean up the Property.
(f) Any Environmental Action connected in any way with the Property.
(g) Any act of the Mortgagor, tenants, or other users of the Property, or their respective agents or employees, in arranging for transport, disposal or treatment, or arranging with a transporter for transport, disposal or treatment, of Hazardous Substances owned or possessed by Mortgagor by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such or similar Hazardous Substances.
(h) Any acts of the Mortgagor, tenants or other users of the Property, or their respective agents or employees, who accept or accepted any Hazardous Substances for transport to disposal or treatment facilities, incineration vessels or sites selected by Mortgagor from which there is a Release, or a threatened Release which causes the incurrence of remediation costs of a Hazardous Substance.
