Common use of Landlord’s Environmental Indemnity Clause in Contracts

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. Landlord indemnifies and its shall defend, hold and save Tenant, and Tenant’s members, partners, sub-partners, independent contractors, officers, directors, shareholders, employees, agents, successors and assigns shall indemnify(collectively, 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 “Tenant 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, liabilitydamages, lossjudgments, proceedings, damagessuits, causes of action, costlosses, or expense liabilities, penalties, fines, expenses and costs (including 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) arising therefrom 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 Property and which arise during or after the Lease Term as a result of (but excluding loss i) the environmental condition at the Property existing as of businessor prior to the Commencement Date; (ii) the presence in, loss on, under or about the Common Areas or the non-Premises of profits any Hazardous Materials; (iii) Landlord’s or other consequential damagestenants’ actual, proposed or threatened use, treatment, storage, transportation, holding, existence, disposition, manufacturing, control, management, abatement, removal, handling, transfer, generation or Release (past, present or threatened) of Hazardous Materials to, in, on, under, about or from the non-Premises and the Common Areas; (iv) any past or present non-compliance or violations of any Environmental Laws in connection with Landlord or other tenants and/or the Common Areas or the non-Premises; (v) personal injury claims not caused by Tenant or Tenant’s Agents; (vi) the payment of any environmental liens, or the disposition, recording, or filing or threatened disposition, recording or filing of any environmental lien encumbering or otherwise affecting the Common Areas or the non-Premises; (vii) damages for the loss or restriction of use of the Common Areas or the non-Premises not caused by Tenant or Tenant’s Agents which adversely affects the Permitted Purposes; (viii) the cost of any investigation of site conditions in the Common Areas or non-Premises not caused by Tenant or Tenant’s Agents; and (ix) the cost of any repair, clean-up or remediation ordered by any governmental or quasi-governmental agency or body or otherwise deemed necessary in Landlord’s reasonable judgment on the Common Areas or non-Premises areas and not caused by Tenant Agents, or (x) Hazardous Materials contamination on or about the Property otherwise to the extent caused by the gross negligence or willful misconduct of any Landlord Party; provided, however, that Landlord’s indemnity obligation shall not extend to any matter in clauses (i) or (x) above directly caused or materially exacerbated by Tenant and/or any Tenant Agents. For purposes of the indemnity provisions in this Section 16(h), any acts or omissions of Landlord and/or Landlord’s employees, agents, contractors 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.