Common use of Indemnification of Tenant Clause in Contracts

Indemnification of Tenant. Landlord shall defend, indemnify, protect, defend by counsel reasonably acceptable to Tenant, and hold Tenant and each of Tenant’s partners, employees, agents, attorneys, successors, and assigns, free and harmless from and against all claims, liabilities, penalties, forfeitures, losses, or reasonable expenses (including reasonable attorney’s fees) or death of or injury to any person or damage to any property to the extent arising from or caused directly or indirectly by Landlord’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Property. 19.3.1 Notwithstanding the foregoing to the contrary, Landlord shall be responsible, at Landlord’s sole cost and expense, for removing, remediating, or otherwise abating all Hazardous Materials found to be located on, in, or under the Property as of the Effective Date (collectively, the “Pre-Existing Hazardous Materials”) with the understanding that Landlord’s obligations hereunder to remove, remediate or otherwise xxxxx, such Pre-Existing Hazardous Materials, shall be solely determined by the San Mateo County Health Department or other governmental agency which shall order or require such removal, remediation or abatement. The mere presence of Pre-Existing Hazardous Materials shall trigger no obligation on the part of Landlord to remediate such environmental condition. If ordered by the appropriate governmental agency, Landlord shall use its reasonable efforts to remediate such Pre-Existing Hazardous Materials in a manner that does not unreasonably interfere with Tenant’s use and operation of the Property. 19.3.2 Provided further, that in the event it is determined that the ambient air within the Premises or Building is contaminated by Hazardous Materials and unsafe for human occupancy, Tenant shall have the option to terminate the Lease upon providing written notice to Landlord of Tenant’s election, the reason for such Lease Termination and reasonable evidence supporting Tenant’s belief that the Premises are contaminated and unsafe for its employees and human occupancy. Upon such termination, neither party shall have any further rights, duties or obligations hereunder.

Indemnification of Tenant. Landlord Notwithstanding anything to the contrary contained in Paragraph 16(a) above, Tenant shall not be required to protect, defend, indemnifysave harmless or indemnify Landlord from any liability for injury, loss, accident or damage to any person resulting from Landlord's negligent acts or omissions or willful misconduct or that of its agents, contractors, servants, employees or licensees, in connection with Landlord's activities on or about the Premises, and subject to the terms of Xxxxxxxxx 00, Xxxxxxxx hereby indemnifies and agrees to protect, defend by counsel reasonably acceptable to Tenant, and hold Tenant and each of Tenant’s partners, employees, agents, attorneys, successors, and assigns, free and harmless from and against any and all claims, liabilitiesdamages, penaltiesjudgments, forfeituressuits, lossescauses of action, or reasonable expenses (and expenses, including reasonable attorney’s fees) or death of or injury to any person or damage to any property attorneys' fee and court costs to the extent arising from or caused directly or indirectly by Landlord’s use's negligent acts or omissions or willful misconduct or those of its agents, analysiscontractors, storageservants, transportationemployees or licensees resulting in any injury or damage in connection with Landlord's activities on or about the Premises, disposal, release, threatened release, discharge Building or generation Common Areas. Such exclusion from Tenant's indemnity and such agreement by landlord to so indemnify and hold Tenant harmless are not intended to and shall not relieve any insurance carrier of Hazardous Materials to, in, on, under, about or from the Property. 19.3.1 Notwithstanding the foregoing its obligations under policies required to be carried by Tenant pursuant to the contraryprovisions of this Lease to the extent that such policies cover (or, if such policies would have been carried as required, would have covered) the result of negligent acts or omissions or willful misconduct of Landlord shall be responsibleor those of its agents, at Landlord’s sole cost and expensecontractors, for removingservants, remediatingemployees or licensees; provided, or otherwise abating all Hazardous Materials found to be located on, in, or under the Property as of the Effective Date (collectivelyhowever, the “Pre-Existing Hazardous Materials”) with provisions of this sentence shall in no way be construed to imply the understanding that availability of any double or duplicate coverage. Landlord’s 's and Tenant's indemnification obligations hereunder under this Paragraph 16 may or may not be coverable by insurance, but the failure of either Landlord or Tenant to remove, remediate or otherwise xxxxx, such Pre-Existing Hazardous Materials, carry insurance covering the indemnification obligation shall be solely determined by the San Mateo County Health Department or other governmental agency which shall order or require such removal, remediation or abatement. The mere presence of Pre-Existing Hazardous Materials shall trigger no obligation on the part of Landlord to remediate such environmental condition. If ordered by the appropriate governmental agency, Landlord shall use its reasonable efforts to remediate such Pre-Existing Hazardous Materials in a manner that does not unreasonably interfere with Tenant’s use and operation of the Property. 19.3.2 Provided further, that in the event it is determined that the ambient air within the Premises or Building is contaminated by Hazardous Materials and unsafe for human occupancy, Tenant shall have the option to terminate the Lease upon providing written notice to Landlord of Tenant’s election, the reason for such Lease Termination and reasonable evidence supporting Tenant’s belief that the Premises are contaminated and unsafe for its employees and human occupancy. Upon such termination, neither party shall have any further rights, duties or limit their indemnity obligations hereunder.

Indemnification of Tenant. Landlord shall defend, indemnify, protect, defend (by counsel reasonably acceptable to Tenant), protect, and hold Tenant harmless Tenant, and each of Tenant’s 's partners, directors, officers, employees, agents, attorneysattorney, successors, and assigns, free and harmless from and against any and all claims, liabilities, penalties, fines, judgements forfeitures, losses, costs or reasonable expenses (including reasonable attorney’s attorney fees, consultant fees, and expert fees) or for the death of or injury to any person or damage damages to any property to the extent whatsoever, arising from or caused in whole or in part, directly or indirectly indirectly, by the presence prior to Tenant's taking of possession of the Premises or the release or discharge by Landlord in, on, under, or about the Premises, the Building, or the Property, of any Hazardous Substances or Landlord’s 's use, analysis, storage, transportation, disposal, release, threatened release, discharge discharge, or generation of Hazardous Materials Substances to, in, on, under, about about, or from the Premises, the Building, or the Property. 19.3.1 Notwithstanding , or Landlord's failure to comply with any Hazardous Substances Law. For purposes of the foregoing release and indemnity provisions hereof, any acts or omissions of Landlord, or by employees, agents, assignees, contractors, or subcontractors of Landlord or others acting for or on behalf of Landlord (whether or not they are negligent, intentional, willful, or unlawful), shall be strictly attributable to Landlord. Tenant acknowledges having received certain environmental reports from Landlord with respect to the contraryBuilding, Landlord shall be responsiblethe Premises and the Land as prepared by GZA, at Inc. and Environmental Solutions; to the best of Landlord’s sole cost and expense's knowledge, for removingexcept as disclosed in such environmental reports, remediating, or otherwise abating all there exist no Hazardous Materials found to be located on, Substances in, on or under the Property Premises or the Land. To the best of Landlord's knowledge there are no material inaccuracies in such reports, but Landlord assumes no responsibility for the accuracy, reliability or completeness of such reports and Tenant assumes all risk in connection with the review and use thereof. Landlord represents to Tenant that the reports as delivered to Tenant are complete and true copies of the Effective Date (collectively, the “Predocuments as received by Landlord. Landlord hereby agrees that if any pre-Existing Hazardous Materials”) with the understanding that Landlord’s obligations hereunder existing asbestos not already disclosed to remove, remediate or otherwise xxxxx, such Pre-Existing Hazardous Materials, shall be solely determined by the San Mateo County Health Department or other governmental agency which shall order or require such removal, remediation or abatement. The mere presence of Pre-Existing Hazardous Materials shall trigger no obligation on the part of Landlord to remediate such environmental condition. If ordered by the appropriate governmental agency, Landlord shall use its reasonable efforts to remediate such Pre-Existing Hazardous Materials in a manner that does not unreasonably interfere with Tenant’s use and operation of the Property. 19.3.2 Provided further, that Tenant is discovered anywhere in the event it is determined that the ambient air within Building, the Premises or Building is contaminated by Hazardous Materials the Land, and unsafe for human occupancy, Tenant shall have if the option to terminate the Lease upon providing written notice to Landlord of Tenant’s election, the reason for such Lease Termination and reasonable evidence supporting Tenant’s belief that the Premises are contaminated and unsafe for its employees and human occupancy. Upon such termination, neither party shall have any further rights, duties or obligations hereunder.condition of

Indemnification of Tenant. Landlord shall defend, indemnify, protect, defend by counsel reasonably acceptable to Tenant, and hold Tenant and each of Tenant’s partners, employees, agents, attorneys, successors, and assigns, free and harmless from and against all claims, liabilities, penalties, forfeitures, losses, or reasonable expenses (including reasonable attorney’s fees) or death of or injury to any person or damage to any property to the extent arising from or caused directly or indirectly by Landlord’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Property. 19.3.1 Notwithstanding the foregoing to the contrary, Landlord shall be responsible, at Landlord’s sole cost and expense, for removing, remediating, or otherwise abating all Hazardous Materials found to be located on, in, or under the Property as of the Effective Date (collectively, the “Pre-Existing Hazardous Materials”) with the understanding that Landlord’s obligations hereunder to remove, remediate or otherwise xxxxx, such Pre-Existing Hazardous Materials, shall be solely determined by the San Mateo County Health Department or other governmental agency which shall order or require such removal, remediation or abatement. The mere presence of Pre-Existing Hazardous Materials shall trigger no obligation on the part of Landlord to remediate such environmental condition. If ordered by the appropriate governmental agency, Landlord shall use its reasonable efforts to remediate such Pre-Existing Hazardous Materials in a manner that does not unreasonably interfere with Tenant’s use and operation of the Property. 19.3.2 Provided further, that in the event it is determined that the ambient air within the Premises or Building is contaminated by Hazardous Materials and unsafe for human occupancy, Tenant shall have the option to terminate the Lease upon providing written notice to Landlord of Tenant’s election, the reason for such Lease Termination and reasonable evidence supporting Tenant’s belief that the Premises are contaminated and unsafe for its employees and human occupancy. Upon such termination, neither party shall have any further rights, duties or obligations hereunder.