Common use of Indemnity Regarding Hazardous Substances Clause in Contracts

Indemnity Regarding Hazardous Substances. Indemnitor indemnifies and holds the Indemnified parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Property, or in the soil, groundwater or soil vapor on or under the Property, including: (a) any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the Property under any law relating to Hazardous Substances; and (b) any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the Property from Indemnitor, from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and (c) any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) any such Indemnified Costs resulting from currently existing conditions in, on or around the Property, whether known or unknown by Indemnitor or the Indemnified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from the activities of Indemnitor, Indemnitor's tenants, or any other person in, on or around the Property.

Indemnity Regarding Hazardous Substances. Indemnitor Trustor indemnifies and holds the Indemnified parties Parties harmless for, from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Property, or in the soil, groundwater or soil vapor on or under the Property, including: (a) any , but not limited to: A. Any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Arizona Department of Health ServicesEnvironmental Quality, and including any claim that any Indemnified Party is liable for any such Indemnified indemnified Costs as an "owner" or "operator" of the Property under any law relating to Hazardous Substances; and (b) any and B. Any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the Property from IndemnitorTrustor, from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the Property; any person who may at any time be 16 SWI ARIZONA DEED OF TRUST 17 responsible for any clean-up costs or other Indemnified Costs relating to the Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and (c) any and C. Any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) any and D. Any such Indemnified Costs resulting from currently existing conditions in, on or around the Property, whether known or unknown by Indemnitor Trustor or the Indemnified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from the activities of IndemnitorTrustor, IndemnitorTrustor's tenants, or any other person in, on or around the Property.

Indemnity Regarding Hazardous Substances. Indemnitor indemnifies Indemnifies and holds the Indemnified parties Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance Substances being present or released in, on or around any part of the Property, or in the soil, groundwater or soil sell vapor on or under the Property, including: : (a) any claim for such Indemnified Costs asserted by any federal, state or local governmental govermental agency, including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Idemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the Property under any law relating to Hazardous Substances; and and (b) any such Indemnified Costs claimed against any Indemnified indemnified Party by any such person other than a governmental agency, including any person who may purchase or lease all or any portion of the Property from Indemnitor, from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the Propertyproperty; any person who may at any time be responsible for any clean-up costs or other Indemnified indemnified Costs relating to the Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and and (c) any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and and (d) any such Indemnified Costs resulting from currently existing conditions in, on or around the Property, whether known or unknown by Indemnitor or the Indemnified Indemified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from the activities of Indemnitor, Indemnitor's tenants, or any other person in, on or around the Property.

Indemnity Regarding Hazardous Substances. Indemnitor indemnifies and holds the Indemnified parties Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Property, or in the soil, groundwater or soil vapor on or under the Property, including: (a) any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the Property under any law relating to Hazardous Substances; and (b) any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the Property from Indemnitor, from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and (c) any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) any such Indemnified Costs resulting from currently existing conditions in, on or around the Property, whether known or unknown by Indemnitor or the Indemnified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from the activities of Indemnitor, Indemnitor's tenants, or any other person in, on or around the Property.

Indemnity Regarding Hazardous Substances. Indemnitor indemnifies indemnifies, defends and holds the Indemnified parties Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Property, or in the soil, groundwater or soil vapor on or under the Property, including: : (a) any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Department of Health ServicesTexas Natural Resource Conservation Commission, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the Property under any law relating to Hazardous Substances; and and (b) any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the Property from Indemnitor, from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all an or any portion of the Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and and (c) any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and and (d) any such Indemnified Costs resulting from currently existing conditions in, on or around the Property, whether known or unknown by Indemnitor or the Indemnified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from the activities of Indemnitor, Indemnitor's tenants, or any other person in, on or around the Property.

Indemnity Regarding Hazardous Substances. Indemnitor indemnifies and holds the Indemnified parties Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Property, or in the soil, groundwater or soil vapor on or under the Property, including: : (a) any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the Property under any law relating to Hazardous Substances; and and (b) any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the Property from Indemnitor, from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and and (c) any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and and (d) any such Indemnified Costs resulting from currently existing conditions in, on or around the Property, whether known or unknown by Indemnitor or the Indemnified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from the activities of Indemnitor, Indemnitor's tenants, or any other person in, on or around the Property.

Indemnity Regarding Hazardous Substances. Indemnitor indemnifies Borrower indemnifies, defends, and holds the Indemnified parties Parties harmless from for, from, and against any and all Indemnified Costs directly or indirectly arising out of of, or resulting from from, any Hazardous Substance being present or released in, on on, or around any part of the Property, or in the soil, groundwater groundwater, or soil vapor on or under the Property, including: : (a) any claim for such Indemnified Costs asserted against any Indemnified Party by any federal, state state, or local governmental agency, including the United States Environmental Protection Agency and Agency, the California Arizona Department of Health ServicesEnvironmental Quality, and any other similar state or local agency in the State of Arizona, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "“owner" ” or "“operator" ” of the Property under any law relating to Hazardous Substances; and ; (b) any claim for such Indemnified Costs claimed asserted against any Indemnified Party by any person other than a governmental agency, including (i) any person who may purchase or lease all or any portion of the Property from IndemnitorBorrower, from any Indemnified Party, Party or from any other purchaser or lessee; , (ii) any person who may at any time have any interest in all or any portion of the Property; , (iii) any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Property; , and (iv) any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and ; (c) any such Indemnified Costs which incurred by any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) any such Indemnified Costs resulting from as a result of currently existing conditions in, on on, or around the Property, whether known or unknown by Indemnitor Borrower or the Indemnified Parties at the time this Agreement is executed, and or attributable to the acts or omissions of Borrower, any such Indemnified Costs resulting from the activities of Indemnitor, Indemnitor's Borrower’s tenants, or any other person in, on on, or around the Property.Property with the consent or under the direction of Borrower; (d) any Indemnified Costs incurred by any Indemnified Party in the exercise by the Indemnified Party of its rights and remedies under this Agreement;

Indemnity Regarding Hazardous Substances. Indemnitor indemnifies indemnifies, defends, and holds the Indemnified parties Parties harmless from for, from, and against any and all Indemnified Costs directly or indirectly arising out of of, or resulting from from, any Hazardous Substance being present or released in, on on, or around any part of the Property, or in the soil, groundwater groundwater, or soil vapor on or under the Property, including: : (a) any claim for such Indemnified Costs asserted against any Indemnified Party by any federal, state state, or local governmental agency, including the United States Environmental Protection Agency and any similar state agency in which the California Department of Health ServicesProperty is located, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "“owner" ” or "“operator" ” of the Property under any law relating to Hazardous Substances; and ; (b) any claim for such Indemnified Costs claimed asserted against any Indemnified Party by any person other than a governmental agency, including (i) any person who may purchase or lease all or any portion of the Property from Indemnitor, from Borrower, from any Indemnified Party, or from any other purchaser or lessee; , (ii) any person who may at any time have any interest in all or any portion of the Property; , (iii) any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Property; , and (iv) any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and ; (c) any such Indemnified Costs which incurred by any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) any such Indemnified Costs resulting from as a result of currently existing conditions in, on on, or around the Property, whether known or unknown by Indemnitor Indemnitor, Borrower, or the Indemnified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from or attributable to the activities acts or omissions of Indemnitor, Indemnitor's Borrower, any of Borrower’s tenants, or any other person in, on on, or around the Property.Property with the consent or under the direction of indemnitor or Borrower; and (d) any Indemnified Costs incurred by any Indemnified Party in the exercise by the Indemnified Party of its rights and remedies under this Agreement;

Indemnity Regarding Hazardous Substances. Indemnitor Borrower hereby indemnifies and holds the Indemnified parties Parties harmless for, from and against any and all Indemnified Costs incurred by Indemnified Parties and directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Propertyany real property that is now or hereafter owned or occupied by Borrower, or in the soil, groundwater or soil vapor on or under the Propertyreal property, including: : (a) any Any claim for such Indemnified Costs asserted by any federal, state or local governmental agencyGovernment Authority, including the United States Environmental Protection Agency and the California Department of Health Servicesany other state or local Government Authority, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the Property real property under any law relating to Hazardous Substances; and ; (b) any Any such Indemnified Costs claimed against any Indemnified Party by any person Person other than a governmental agencyGovernment Authority, including any person Person who may purchase or lease all or any portion of the Property real property from IndemnitorBorrower, from any Indemnified Party, or from any other purchaser or lessee; any person Person who may at any time have any interest in all or any portion of the Propertysuch real property; any person Person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Propertyreal property; and any person Person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and ; (c) any Any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health real property or safetyany Indemnified Party from any liability or loss; and and (d) any Any such Indemnified Costs resulting from currently existing conditions in, on or around the Propertyreal property, whether known or unknown by Indemnitor Borrower or the Indemnified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from the activities of IndemnitorBorrower, Indemnitor's tenantsthe lessors/landlords or tenants of Borrower, or any other person Person in, on or around the Propertyreal property.

Indemnity Regarding Hazardous Substances. Indemnitor indemnifies indemnifies, defends and holds the Indemnified parties Parties harmless for, from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Property, or in the soil, groundwater or soil vapor on or under the Property, including: : (a) any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Texas Department of Health ServicesHealth, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the Property under any law relating to Hazardous Substances; and and (b) any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the Property from Indemnitor, from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and and (c) any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and and (d) any such Indemnified Costs resulting from currently existing conditions in, on or around the Property, whether known or unknown by Indemnitor or the Indemnified Parties at the time this Agreement is executed, and any such Indemnified Costs resulting from the activities of Indemnitor, Indemnitor's tenants, or any other person in, on or around the Property.