Common use of Landlord’s Environmental Indemnity Clause in Contracts

Landlord’s Environmental Indemnity. Landlord indemnifies and shall defend, hold and save Tenant, and Tenant’s members, partners, sub-partners, 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 Property and which arise during or after the Lease Term as a result of (i) the environmental condition at the Property existing as of or prior to the Commencement Date; (ii) the presence in, on, under or about the Common Areas or the non-Premises of any Hazardous Materials; (iii) Landlord’s or other tenants’ 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.

Landlord’s Environmental Indemnity. (a) Landlord indemnifies and shall defendhereby agrees to save, hold and save defend with counsel reasonably satisfactory to Tenant, indemnify and Tenant’s members, partners, sub-partners, independent contractors, officers, directors, shareholders, employees, agents, successors and assigns (collectively, “hold harmless the Tenant Parties”) Indemnitees from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penaltiesdamages, finescosts, and expenses (including reasonable consultant and contractor costs and attorneys’ fees arising under this indemnity) arising from: (i) any use or any Release, or the presence, of Regulated Substances before, during or after the Term on, at, under or from the Premises or Project, which are not the result of Tenant’s operations at, or occupancy of, the Premises; provided, however, that Landlord shall have no obligation under this Section regarding the Release, or the presence, of Regulated Substances due to: (1) any increase in nature or scope of Regulated Substances resulting from Tenant’s operations, use or occupancy of the Premises, which is the responsibility of Tenant to the extent of such increase in nature or scope, or (2) the presence of any Regulated Substances excavated and/or disposed in connection with Tenant’s construction activities (including, without limitation, clean-upactivities related to the Approved Exterior Improvements), 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 to 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 (i) the environmental condition at the Property existing as of or extent such Regulated Substances were not required to be excavated and/or disposed prior to the Commencement DateTenant’s construction activities; (ii) operations of Landlord (not including the presence in, on, under leasing of other parts of the Project to other parties) that result in exceedances or about the Common Areas or the other non-Premises compliance of any Hazardous Materialspermit or license held by Tenant; and (iii) losses of and claims against Tenant resulting from Landlord’s or other tenants’ 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) failure to comply with the provisions 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 Landlord23.

Landlord’s Environmental Indemnity. Landlord indemnifies and shall defend, hold and save Tenant, and Tenant’s members, partners, sub-partners, 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 Property and which arise during or after the Lease Term as a result of (i1) the environmental condition at the Property existing as of or prior to the Commencement Date; , (ii2) the presence in, on, under or about the Common Areas or the non-Premises of any Hazardous Materials; (iii3) Landlord’s or other tenants’ 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; (iv4) 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; (v5) personal injury claims not caused by Tenant or Tenant’s Agents; (vi6) 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; (vii7) 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) 8) the cost of any investigation of site conditions in the Common Areas or non-Premises not caused by Tenant or Tenant’s Agents; and (ix9) 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 (x10) 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 (i1) or (x10) above directly caused or materially exacerbated by Tenant and/or any Tenant Agents. For purposes of the indemnity provisions in this Section 16(h16(i), 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.

Landlord’s Environmental Indemnity. Landlord indemnifies and shall defend, hold and save Tenant, and Tenant’s 's members, partners, sub-partnerssubpartners, 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 Property Project and which arise during or after the Lease Term as a result of (i) the environmental condition at the Property Project existing as of or prior to the Lease Commencement Date; (ii) the presence in, on, under or about the Common Areas or the non-Premises of any Hazardous Materials; (iii) Landlord’s or other tenants’ 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 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 's indemnity obligation shall not extend to (A) any matter in clauses (i), (ii) or (xiii) above directly caused or materially exacerbated by Tenant and/or any Tenant Agents. For purposes Parties and (B) the loss of the indemnity provisions in this Section 16(h)business, any acts loss of profits 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 other consequential damages which may be strictly attributable to Landlordsuffered by Tenant.