Landlord’s Environmental Indemnity. Without limiting Landlord’s Indemnity in Section 16.2 (Landlord’s Indemnity), above, Landlord shall Indemnify County and its Agents against any and all Claims arising during or after the Term of this Lease (a) as a result of any breach of any of Landlord’s representations, warranties or covenants in the preceding Section, or (b) in connection with any presence or Release of Hazardous Material in the Building or on, under or about the Property, unless County or its Agents caused such Release.
Landlord’s Environmental Indemnity. Landlord and its successors and assigns shall indemnify, defend, reimburse and hold Tenant, its employees and lenders, harmless from and against any and all damages, including the cost of remediation (but excluding loss of business, loss of profits or other consequential damages), which result from Hazardous Materials which existed on the Premises prior to Tenant’s occupancy or which are caused by the negligence or willful misconduct of Landlord or landlord Parties. Landlord’s obligations, as and when required by the Environmental Law, shall include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. Notwithstanding anything to the contrary in this Lease (including, without limitation the provisions of this Paragraph 5.2.8, Tenant shall have no obligation to remediate, clean up, monitor, xxxxx, or to comply with any law regarding, or to reimburse, release, indemnify, or defend Landlord or Landlord Parties with respect to any Hazardous Materials which now or hereafter become regulated by any governmental authority or agency thereof and which Tenant or Tenant Parties did not store, dispose of, or transport in, use, or cause to be on the Premises in violation of any Environmental Law. If any Hazardous Materials are present in the Premises (or the underlying soil or groundwater) and such presence was not caused by Tenant, Landlord shall protect, indemnify, defend, and hold Tenant harmless from and against any and all claims, liability, loss, proceedings, damages, causes of action, cost, or expense (including attorneys’ fees) arising therefrom (but excluding loss of business, loss of profits or other consequential damages).
Landlord’s Environmental Indemnity. To the fullest extent permitted by law, Xxxxxxxx agrees to promptly indemnify, protect, defend and hold harmless Tenant and Xxxxxx’s members, partners, subpartners, independent contractors, officers, directors, shareholders, employees, agents, successors and assigns (collectively, “Tenant Parties”) from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs) which arise or result from the presence of Hazardous Materials on, in, under or about the Premises, the Building or any other portion of the Project not caused by Tenant; provided, however, that Landlord’s indemnity obligations shall not extend to loss of business, loss of profits or other consequential damages which may be suffered by Tenant.
Landlord’s Environmental Indemnity. Landlord shall indemnify, defend, hold harmless and reimburse the Tenant Parties from and against (a) any fine or reasonable direct cost or expense (including reasonable legal expenses and consultants’ fees) (collectively, “Remedial Costs”) that the Tenant Parties, or any of them, may incur as a result of any Remedial Work required of Tenant by a governmental authority resulting from the introduction, production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of any Hazardous Materials on or about the Premises and/or the Property, and (b) any action or claim (a “Remedial Cost Claim”) asserted against any Tenant Party seeking to require such Tenant Party to pay any such Remedial Costs or perform any such Remedial Work. However, the foregoing indemnity obligation shall not apply to any Remedial Costs or Remedial Cost Claim to the extent arising from the negligence or willful misconduct of any Tenant Party, or to the extent resulting from any Hazardous Substance introduced to, produced, stored or generated at the Premises and/or the Property by any Tenant Party. In addition, the foregoing indemnity obligation shall not bind any lender that acquires Landlord’s interest in the Property by foreclosure or deed in lieu of foreclosure of its own security instrument.
Landlord’s Environmental Indemnity. Landlord shall indemnify, protect and hold harmless Indemnified Tenant Parties, from and against any and all liens, damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including reasonable attorney’s fees, consultant’s fees and expert’s fees and disbursements and other costs of litigation) for the death of or injury to any person or damage to any property, which may at any time be imposed upon, incurred by or asserted or awarded against Tenant and arising by, from or out of, or caused by, directly or indirectly: (i) the presence in, on or under the Premises, or the discharge or release in or from the Premises, of any Regulated Substances, as of the Rental Commencement Date or in the event the same are brought upon the Premises after the Rental Commencement Date by Landlord, its agents or representatives; (ii) the failure by Landlord or any of Landlord’s agents, subcontractors, or their respective directors, officers employees or agents, to comply with any Environmental Law which is the responsibility of Landlord pursuant to this Article XIV; (iii) Landlord’s failure to perform any obligation which Landlord has undertaken to perform under this Article XIV; (iv) reasonable costs incurred by Tenant to enforce this Article XIV, or to defend the unsuccessful assertion by Landlord of any defense to its obligations hereunder; (v) remediation and other costs incurred by Tenant to remove any Regulated Substances from all or any portion of the Premises or any surrounding areas to the extent reasonably incurred by Tenant to comply with any governmental order or directive issued to Tenant, to the extent, but only to the extent, that such remediation or removal is the obligation of Landlord hereunder, provided that Landlord has received written notice from Tenant of the action required by Landlord to remediate the same, and Landlord has failed to take such action within a reasonable time after receipt of such notice. The obligations of Landlord hereunder shall survive the expiration of the Lease Term. The indemnification obligations of Landlord created by this Section 14.1 shall be in addition to the indemnification obligations set forth elsewhere herein or provided by applicable law.
Landlord’s Environmental Indemnity. Landlord indemnifies and shall defend, hold and save Tenant, and Tenant's members, partners, subpartners, independent contractors, officers, directors, shareholders, employees, agents, successors and assigns (collectively, "Tenant Parties") from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, reasonable attorneys' fees, reasonable consultant fees and reasonable expert fees and court costs) which arise or result from the presence of Hazardous Materials on, in, under or about the Premises, the Building or any other portion of the Project and which arise during or after the Lease Term as a result of (i) the environmental condition at the Project existing as of the Lease Commencement Date; (ii) Hazardous Materials contamination on or about the Project to the extent caused by the gross negligence or willful misconduct of any Landlord Party; or (iii) which may migrate into the Premises through air, water or soil, through no fault of Tenant or any Tenant party; provided, however, that Landlord's indemnity obligation shall not extend to (A) any matter in clauses (i), (ii) or (iii) above caused or exacerbated by Tenant and/or any Tenant Parties and (B) the loss of business, loss of profits or other consequential damages which may be suffered by Tenant.
Landlord’s Environmental Indemnity. Subject to the terms, conditions and limitations set forth below and except to the extent such contamination was caused. exacerbated or contributed to by Tenant, or Tenant’s employees, agents, contractors or invitees, Landlord shall indemnify Tenant from and against (a) all costs (“Response Costs”) to respond to any order of any applicable state or federal agencies relating to the remediation, removal, disposal or monitoring (“Compliance Order”) relating to any contamination (i) of the soil or groundwater of the Project existing as of the Effective Date as a result of the Prior Contamination or (ii) any hydraulic oil released to the Land prior to the Effective Date as a direct result of the installation, maintenance or operation of the elevators within the Project, and (b) any liability, claims, damages, penalties, fines, attorneys’ fees and costs, remediation costs, investigation costs and other expenses arising from any use, storage, treatment, transportation, release o r disposal of Hazardous Substances on or about the Project by Landlord, its agents, contractors, employees or invitees. For purposes of subsection (b) of the preceding sentence, the term “Landlord’s contractors” excludes any parties with whom Landlord has a contractual relationship arising from a purchase and sale contract, deed or other investment transferring title or possession to the Land, including, without limitation, any tenants, prior owners or future owners). Landlord’s liability under the foregoing indemnity (i) is personal to Tenant and may not be assigned to or relied upon by any third parry other than a Tenant Affiliate without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion, (ii) is limited to Tenant’s actual, out of pocket costs incurred in complying with a Compliance Order, and to reasonable consultants fees and costs and reasonable attorneys’ fees and costs incurred in defending against a proposed Compliance Order, so long as Landlord may select the attorney to defend Tenant and have sole authority to make all settlement and other decisions in regard to the proceedings, including the decision whether to challenge the Compliance Order (and any related order or action) by appeal or court challenge, and (iii) specifically excludes any claims, costs, damages or losses for personal injury, property damage, punitive damages, damage to business, lost profits, or consequential damages incurred by Tenant or any third party. Landlo...
Landlord’s Environmental Indemnity. Without limiting Landlord’s Indemnity in Section 16.2 (Landlord’s Indemnity), above, Landlord shall Indemnify City and its Agents against any and all Claims related to remediation of the violation of Environmental Laws arising during or after the Term of this Lease (a) as a result of any breach of any of Landlord’s representations, warranties or covenants in the preceding Section, or (b) in connection with any presence or Release of Hazardous Material in the Building or on, under or about the Property, unless City or its Agents caused such Release.
Landlord’s Environmental Indemnity. Subject to Tenant’s obligations set forth in Paragraph 24.1 above, Landlord shall indemnify, defend, protect, and hold Tenant free and harmless from and against any and all claims, liabilities, losses, damages, actions or causes of actions, costs and expenses (including reasonable attorneys’ fees) to the extent arising from or in connection with any Hazardous Substances on or about the Real Property which is/was caused by Landlord, its employees, agents, or contractors. Landlord shall promptly deliver to Tenant copies of all notices received by Landlord from any Governmental Authority (which is defined as any federal, state, regional, county, or local person or body having or asserting governmental or quasi-governmental authority or jurisdiction over the Real Property or any department or subdivision thereof) concerning Hazardous Substances or a violation of an Environmental Law on the Real Property.
Landlord’s Environmental Indemnity. Landlord shall protect, indemnify, defend (with counsel satisfactory to Tenant) and hold harmless Tenant and its directors, officers, partners, employees and agents, for, from and against any and all losses, damages, claims, costs, expenses, penalties, fines and liabilities of any kind (including, without limitation, the cost of any investigation, remediation and cleanup, and attorneys' fees) which are attributable to any Environmental Activity on the Premises undertaken or committed by Landlord or Landlord's Agents (except for Environmental Activities undertaken by or on behalf of Landlord in the exercise of Landlord's rights under this paragraph 19) or caused by the negligence of such persons during the Term of this Lease.
