Common use of Indemnity by Lessee Clause in Contracts

Indemnity by Lessee. LESSEE shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept, or used in or about the Property by LESSEE, its agents, employees, contractors or invitees. If (i) LESSEE breaches the obligations stated in the preceding sentence, (ii) the presence of Hazardous Material on the Property or on or in the soil or ground water under or adjacent to the Property caused or permitted by LESSEE, its agents, employees, contractors or invitees results in contamination of the Property or such soil or ground water, (iii) contamination of the Property or such soil or ground water by Hazardous Material otherwise occurs for which LESSEE is legally liable to LESSOR for damage resulting therefrom, or (iv) contamination occurs elsewhere in connection with the transportation by LESSEE of Hazardous Material to or from the Property, then LESSEE shall indemnify, protect, defend and hold LESSOR harmless from any and all claims, judgment, damages, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Lease as a result of such contamination. The foregoing obligation of LESSEE to indemnify, protect, defend and hold LESSOR harmless includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, restoration or other response work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present as a result of any action or inaction on the part of LESSEE, its agents, employees, contractors or invitees in any improvements constituting the Property or the soil or ground water on, under or adjacent to the Property or elsewhere in connection with the transportation by LESSEE of Hazardous Material to or from the Property. Without limiting the foregoing, if the presence of any Hazardous Material on or in the Property or the soil or ground water under or adjacent to the Property caused or permitted by LESSEE, or its agents, employees, contractors or invitees, results in any contamination of the Property, LESSEE shall promptly take all actions at its sole expense as are necessary to return the Property or such soil or ground water to the condition existing prior to the introduction of any such Hazardous Material to the Property or to such soil or ground water.

Indemnity by Lessee. LESSEE Lessee shall not cause or permit any Hazardous Material (as hereinafter defineddefined below) to be brought upon, kept, or used in or about the Property by LESSEELessee, its agents, employees, contractors or invitees. If (i) LESSEE Lessee breaches the obligations stated in the preceding sentence, (ii) the presence of Hazardous Material on the Property or on or in the soil or ground water under or adjacent to the Property caused or permitted by LESSEELessee, its agents, employees, contractors or invitees results in contamination of the Property or such soil or ground water, (iii) contamination of the Property or such soil or ground water by Hazardous Material otherwise occurs for which LESSEE Lessee is legally liable to LESSOR Lessor for damage resulting therefrom, or (iv) contamination occurs elsewhere in connection with the transportation by LESSEE Lessee of Hazardous Material to or from the Property, then LESSEE Lessee shall indemnify, protect, defend and hold LESSOR Lessor harmless from any and all claims, judgment, damages, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' ’ fees, consultant fees and expert fees) which arise during or after the term Term of this Lease as a result of such contamination. The foregoing obligation of LESSEE Lessee to indemnify, protect, defend and hold LESSOR Lessor harmless (i) is subject to Lessor’s requirement to pay all costs and expenses associated with, arising from or related to any required asbestos remediation with respect to the demolition of the existing improvements on the Property, and (ii) includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, restoration or other response work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present as a result of any action or inaction on the part of LESSEELessee, its agents, employees, contractors or invitees in any improvements constituting the Property or the soil or ground water on, under or adjacent to the Property or elsewhere in connection with the transportation by LESSEE Lessee of Hazardous Material to or from the Property. Without limiting the foregoing, if the presence of any Hazardous Material on or in the Property or the soil or ground water under or adjacent to the Property caused or permitted by LESSEELessee, or its agents, employees, contractors or invitees, results in any contamination of the Property, LESSEE Lessee shall promptly take all actions at its sole expense as are necessary to return the Property or such soil or ground water to the condition existing prior to the introduction of any such Hazardous Material to the Property or to such soil or ground water. Indemnity By Lessor. Lessor shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Property by Lessor, its agents, employees, contractors or invitees. As to any contamination of the Property by Hazardous Material which exists as of the Lease Commencement Date hereof or if (i) Lessor breaches the obligations stated in the preceding sentence, (ii) the asbestos remediation required of Lessor pursuant to Section 0 of this Lease results in further contamination of the Property or such soil or ground water, (iii) the presence of Hazardous Material on the Property or on or in the soil or ground water under or adjacent to the Property caused or permitted by Lessor, its agents, employees, contractors or invitees results in contamination of the Property or such soil or ground water, (iv) contamination of the Property or such soil or ground water by Hazardous Material otherwise occurs for which Lessor is legally liable to Lessee for damage resulting therefrom, or (v) contamination occurs elsewhere in connection with the transportation by Lessor of Hazardous Material; then Lessor shall indemnify, protect, defend and hold Lessee harmless from any and all claims, judgment, damages, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the term of this Lease as a result of such contamination or the removal, containment or other remediation thereof. The foregoing obligation of Lessor to indemnify, protect, defend and hold Lessee harmless includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, restoration or other response work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present as a result of any action or inaction on the part of Lessor, its agents, employees, contractors or invitees in any improvements constituting the Property or the soil or ground water on, under or adjacent to the Property or elsewhere in connection with the transportation by Lessor of Hazardous Material to or from the Property. Without limiting the foregoing, if the presence of any Hazardous Material on or in the Property or the soil or ground water under or adjacent to the Property caused or permitted by Lessor, or its agents, employees, contractors or invitees results in any contamination of the Property, Lessor shall promptly take all actions at its sole expense as are necessary to return the Property or such soil or ground water to the condition existing prior to the introduction of any such Hazardous Material to the Property or to such soil or ground water.

Indemnity by Lessee. LESSEE Lessee shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought uponprotect, kept, or used in or about the Property by LESSEEindemnify and hold harmless Lessor, its officers, agents and employees from every kind and character of damages (including consequential damages), losses, expenses, demands, claims, and causes of action arising against Lessor, its officers, agents, employeesemployees and its subcontractors, contractors or invitees. If (i) LESSEE breaches the obligations stated in the preceding sentencetheir officers, (ii) the presence of Hazardous Material on the Property or on or in the soil or ground water under or adjacent to the Property caused or permitted by LESSEE, its agents, employeesemployees or any other persons, contractors firm or invitees results in contamination corporation whatsoever, on account or personal injuries, death claims or damages to property arising from any cause whatsoever growing out of the Property or incident to such soil or ground waterequipment rental, (iii) contamination of the Property or such soil or ground water by Hazardous Material otherwise occurs for which LESSEE is legally liable to LESSOR for damage resulting therefromincluding, or (iv) contamination occurs elsewhere in connection with the transportation by LESSEE of Hazardous Material to or from the Propertybut not limited to, then LESSEE shall indemnify, protect, defend and hold LESSOR harmless from any and all claims, judgment, damagesfines, penalties, fines, costs, expensesor losses, liabilities or losses (including, without limitation, sums paid in settlement resulting from failure of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term Lessee to comply with environmental laws and/or resulting from pollution of this Lease as a result of such contamination. The foregoing obligation of LESSEE to indemnify, protect, defend and hold LESSOR harmless includes, without limitation, costs incurred contamination arising in connection with any investigation work being done by Lessee utilizing the rental equipment, and Xxxxxx agrees to indemnify Lessor, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGE RESULT FROM OR ARE CLAIMED TO HAVE RESULTED FROMTHE CONCURRENT OR SOLE NEGLIGENCE (IN ANY AMOUNT) OF LESSOR OR LESSOR'S OFFICERS, AGENTS, OR EMPLOYEES, OR LESSOR'S SUBCONTRACTORS, OFFICERS, AGENTS, OR EMPLOYEES, STRICT LIABILITY OR OTHER FAULT. Lessee at its own expense shall defend any suit or action brought against the Lessor based on any such alleged injury, death or damage, and shall pay all damages, costs and expense, including attorney's fees in connection therewith or in any manner resulting therefrom. The indemnities and other terms of site conditions this Section 10 shall survive termination of this Agreement for any reason whatsoever, and are granted without regard to, and without any right to contribution from, any insurance maintained by Lessor. Although the release, indemnity, defend, and hold harmless provisions of this Agreement are expressed in terms of tort, it is the intent of the parties to allocate risks for all claims, whether those claims are expressed in terms of contract, tort, product liability, statutory duty, warranty or otherwise. To the extent permitted under applicable law, Lessee waives any remedy it may have under the Deceptive Trade Practices Act of the State of Texas, as amended, or any cleanup, remedial, removal, restoration or other response work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present as a result of any action or inaction on the part of LESSEE, its agents, employees, contractors or invitees in any improvements constituting the Property or the soil or ground water on, under or adjacent to the Property or elsewhere in connection with the transportation by LESSEE of Hazardous Material to or from the Property. Without limiting the foregoing, if the presence of any Hazardous Material on or in the Property or the soil or ground water under or adjacent to the Property caused or permitted by LESSEE, or its agents, employees, contractors or invitees, results in any contamination of the Property, LESSEE shall promptly take all actions at its sole expense as are necessary to return the Property or such soil or ground water to the condition existing prior to the introduction of any such Hazardous Material to the Property or to such soil or ground watersimilar applicable consumer protection legislation.

Indemnity by Lessee. LESSEE Lessee shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought uponprotect, kept, or used in or about the Property by LESSEEindemnify and hold harmless Lessor, its officers, agents and employees from every kind and character of damages (including consequential damages), losses, expenses, demands, claims, and causes of action arising against Lessor, its officers, agents, employeesemployees and its subcontractors, contractors or invitees. If (i) LESSEE breaches the obligations stated in the preceding sentencetheir officers, (ii) the presence of Hazardous Material on the Property or on or in the soil or ground water under or adjacent to the Property caused or permitted by LESSEE, its agents, employeesemployees or any other persons, contractors firm or invitees results in contamination corporation whatsoever, on account or personal injuries, death claims or damages to property arising from any cause whatsoever growing out of the Property or incident to such soil or ground waterequipment rental, (iii) contamination of the Property or such soil or ground water by Hazardous Material otherwise occurs for which LESSEE is legally liable to LESSOR for damage resulting therefromincluding, or (iv) contamination occurs elsewhere in connection with the transportation by LESSEE of Hazardous Material to or from the Propertybut not limited to, then LESSEE shall indemnify, protect, defend and hold LESSOR harmless from any and all claims, judgment, damagesfines, penalties, fines, costs, expensesor losses, liabilities or losses (including, without limitation, sums paid in settlement resulting from failure of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term Lessee to comply with environmental laws and/or resulting from pollution of this Lease as a result of such contamination. The foregoing obligation of LESSEE to indemnify, protect, defend and hold LESSOR harmless includes, without limitation, costs incurred contamination arising in connection with any investigation work being done by Lessee utilizing the rental equipment, and Lessee agrees to indemnify Lessor, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGE RESULT FROM OR ARE CLAIMED TO HAVE RESULTED FROMTHE CONCURRENT OR SOLE NEGLIGENCE (IN ANY AMOUNT) OF LESSOR OR LESSOR'S OFFICERS, AGENTS, OR EMPLOYEES, OR LESSOR'S SUBCONTRACTORS, OFFICERS, AGENTS, OR EMPLOYEES, STRICT LIABILITY OR OTHER FAULT. Lessee at its own expense shall defend any suit or action brought against the Lessor based on any such alleged injury, death or damage, and shall pay all damages, costs and expense, including attorney's fees in connection therewith or in any manner resulting therefrom. The indemnities and other terms of site conditions this Section 10 shall survive termination of this Agreement for any reason whatsoever, and are granted without regard to, and without any right to contribution from, any insurance maintained by Lessor. Although the release, indemnity, defend, and hold harmless provisions of this Agreement are expressed in terms of tort, it is the intent of the parties to allocate risks for all claims, whether those claims are expressed in terms of contract, tort, product liability, statutory duty, warranty or otherwise. To the extent permitted under applicable law, Lessee waives any remedy it may have under the Deceptive Trade Practices Act of the State of Texas, as amended, or any cleanup, remedial, removal, restoration or other response work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present as a result of any action or inaction on the part of LESSEE, its agents, employees, contractors or invitees in any improvements constituting the Property or the soil or ground water on, under or adjacent to the Property or elsewhere in connection with the transportation by LESSEE of Hazardous Material to or from the Property. Without limiting the foregoing, if the presence of any Hazardous Material on or in the Property or the soil or ground water under or adjacent to the Property caused or permitted by LESSEE, or its agents, employees, contractors or invitees, results in any contamination of the Property, LESSEE shall promptly take all actions at its sole expense as are necessary to return the Property or such soil or ground water to the condition existing prior to the introduction of any such Hazardous Material to the Property or to such soil or ground watersimilar applicable consumer protection legislation.