Common use of Indemnity Regarding Hazardous Substances Clause in Contracts

Indemnity Regarding Hazardous Substances. XXXXXX agrees to indemnify and hold DISTRICT harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of XXXXXX's counsel) or loss directly or indirectly arising out of or resulting from the presence of any Hazardous Substances as a result of XXXXXX's or any sub-LESSEE's activities, in or around any part of the property or the soil, groundwater or soil vapor on or under the property, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any of their parties or to any natural resources. Upon demand by DISTRICT, XXXXXX shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances caused by LESSEE in any such location, which affects the property or which is brought or commenced against DISTRICT, whether alone or together with LESSEE or any other person, all at LESSEE's own cost and by counsel to be approved by DISTRICT in the exercise of its reasonable judgment. In the alternative, DISTRICT may elect to conduct its own defense at the expense of LESSEE.

Appears in 2 contracts

Samples: Lease and Concession Agreement, Lease and Concession Agreement

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Indemnity Regarding Hazardous Substances. XXXXXX LESSEE agrees to indemnify and hold DISTRICT harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of XXXXXXLESSEE's counsel) or loss directly or indirectly arising out of or resulting from the presence of any Hazardous Substances as a result of XXXXXXLESSEE's or any sub-LESSEE's activities, in or around any part of the property or the soil, groundwater or soil vapor on or under the property, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any of their parties or to any natural resources. Upon demand by DISTRICT, XXXXXX LESSEE shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances caused by LESSEE in any such location, which affects the property or which is brought or commenced against DISTRICT, whether alone or together with LESSEE or any other person, all at LESSEE's own cost and by counsel to be approved by DISTRICT in the exercise of its reasonable judgment. In the alternative, DISTRICT may elect to conduct its own defense at the expense of LESSEE.

Appears in 1 contract

Samples: Lease and Operating Agreement

Indemnity Regarding Hazardous Substances. XXXXXX agrees to indemnify and hold DISTRICT harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of XXXXXX's counsel) or loss directly or indirectly arising out of or resulting from the presence of any Hazardous Substances as a result of XXXXXXLESSEE's or any sub-LESSEE's activitiesactivities inattention or negligence, in or around any part of the property or the soil, groundwater or soil vapor on or under the property, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any of their parties or to any natural resources. Upon demand by DISTRICT, XXXXXX shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances caused by LESSEE in any such location, which affects the property or which is brought or commenced against DISTRICT, whether alone or together with LESSEE or any other person, all at LESSEE's own cost and by counsel to be approved by DISTRICT in the exercise of its reasonable judgment. In the alternative, DISTRICT may elect to conduct its own defense at the expense of LESSEE. Tenant shall not be responsible for any pre-existing ground contamination which may have occurred prior to tenant's occupancy of the premises.

Appears in 1 contract

Samples: Lease and Operating Agreement

Indemnity Regarding Hazardous Substances. XXXXXX agrees to indemnify and hold DISTRICT CITY harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of XXXXXX's ’S counsel) or loss directly or indirectly arising out of or resulting from the presence of any Hazardous Substances as a result of XXXXXX's ’S or any sub-LESSEE's ’S activities, in or around any part of the property or the soil, groundwater or soil vapor on or under the property, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any of their parties or to any natural resources. Upon demand by DISTRICTCITY, XXXXXX shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances caused by LESSEE in any such location, which affects the property or which is brought or commenced against DISTRICTCITY, whether alone or together with LESSEE or any other person, all at LESSEE's ’S own cost and by counsel to be approved by DISTRICT CITY in the exercise of its reasonable judgment. In the alternative, DISTRICT CITY may elect to conduct its own defense at the expense of LESSEEXXXXXX.

Appears in 1 contract

Samples: Beverage Lease and Concession Agreement

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Indemnity Regarding Hazardous Substances. XXXXXX agrees to indemnify and hold DISTRICT harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of XXXXXX's counsel) or loss directly or indirectly arising out of or resulting from the presence of any Hazardous Substances as a result of XXXXXX's or any sub-LESSEE's activities, in or around any part of the property or the soil, groundwater or soil vapor on or under the property, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any of their parties or to any natural resources. Upon demand by DISTRICT, XXXXXX shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances caused by LESSEE in any such location, which affects the property or which is brought or commenced against DISTRICT, whether alone or together with LESSEE or any other person, all at LESSEE's own cost and by counsel to be approved by DISTRICT in the exercise of its reasonable judgment. In the alternative, DISTRICT may elect to conduct its own defense at the expense of LESSEE.

Appears in 1 contract

Samples: Lease and Operating Agreement

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