Indemnification – Hazardous Substances. Grantee agrees to forever indemnify the City, its officers, agents and employees, from and against any claims, costs and expenses of any kind, whether direct or indirect, or pursuant to any state or federal law, statute, regulation or order, for the removal or remediation of any leaks, spills, contamination or residues of Hazardous Substances, directly attributable to Grantee’s structures or other Facilities in the Streets.
Indemnification – Hazardous Substances. Without limiting the duty to indemnify as provided in (a) above, Lessee shall save, protect, defend, indemnify and hold harmless Lessor from and against any and all demands, claims, causes of action (whether in the nature of an action for damages, indemnity, contribution, government cost recovery or otherwise), lawsuits, settlements, actions, damages, fines, penalties, judgements, costs and expenses (including without limitation costs of defense, settlement, and reasonable attorney’s fees), charges, forfeitures, liens, liabilities or loses of any nature and kind whatsoever, which arise during or after the Term of this Lease from or in connection with the presence or suspected presence of Hazardous Substances in the soil, groundwater, or otherwise on, above or in the Premises, or otherwise generating from the Premises, or operations or activities thereon, or from Lessee (or its employees, affiliates, parents, agents, contractors, subcontractors, sublessees, guests, invitees, or assigns, and their respective employees, agents, contractors, subcontractors, or sub-users), or from any alleged or actual violation of an Environmental Law. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal, or restoration work.
Indemnification – Hazardous Substances. As a term and condition to the purchase of the Property and as a part of the consideration therefor, the Purchaser hereby agrees to indemnify, defend and hold the Seller harmless for all costs, claims, judgments, damages, penalties, fines, liabilities or losses of any kind whatsoever which the Seller may incur as a result of the presence of any solid waste, toxic, hazardous or nuisance-causing materials on the Property or in the soil or groundwater under the Property. The foregoing notwithstanding, the Purchaser shall not be obligated to indemnify and hold the Seller harmless if, and to the extent that, the substances described in this Section were placed on the Property by the Seller, whether intentionally accidentally.
Indemnification – Hazardous Substances. Borrower and Parent shall protect, indemnify and hold Lender, its agents, and any immediate successors to Lender's interest in the Collateral and any other person who acquires any portion of the Collateral at a foreclosure sale or otherwise through the exercise of Lender's rights and remedies under the Loan Documents, and all employees and agents of all of the aforementioned indemnified parties, harmless from and against any and all actual or potential claims, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including, without limitation, attorneys' fees and costs and expenses of investigation) which arise out of or relate in any way to any use, handling, production, transportation, disposal or storage of any hazardous substance or solid waste whether by Borrower or any other person during the ownership of the Collateral by Borrower including, without limitation, (i) all foreseeable and all unforeseeable consequential damages directly or indirectly arising out of (A) the use, generation, storage, discharge or disposal of the Collateral by Borrower or (B) any residual contamination affecting the environment, and (ii) the cost of any required or necessary repair, cleanup, or detoxification of the Collateral and the preparation of any closure or other required remedial plans. In addition, Borrower agrees that in the event the Collateral is assigned an identification number by the Environmental Protection Agency, the Collateral shall be solely in the name of Borrower or other responsible person and, as between Borrower and Lender, Borrower shall assume any and all liability for such removed Collateral. All such costs, damages, and expenses referred to herein shall hereinafter be referred to as "EXPENSES." Borrower understands and agrees that its liability to the aforementioned indemnified parties shall arise upon the earlier to occur of (i) discovery of any violation of the Applicable Environmental Laws or (ii) the institution of any Hazardous Materials Claim (as hereinafter defined), and not upon the realization of loss or damage, and Borrower agrees to pay to Lender from time to time, immediately upon Lender's request, an amount equal to such Expenses, as reasonably determined by Lender. In addition, Borrower agrees that any Expenses incurred by Lender and not paid by Borrower shall be additional indebtedness of Borrower and shall be secured by the Loan Documents and shall accrue interest at the ra...
Indemnification – Hazardous Substances. Notwithstanding any other provision of this Agreement, Lessee must forever indemnify the City, its officers, agents and employees, from and against any claims, damages, losses, liabilities, costs and expenses of any kind whatsoever, whether direct or indirect, or pursuant to any state or federal law, statute, regulation or order, for the removal or remediation of any leaks, spills, contamination or residues of Hazardous Substances, associated with, arising from or due to Xxxxxx's Facilities.
