LANDLORD'S REPRESENTATION AND INDEMNITY. Landlord hereby represents and warrants to Tenant, that except as outlined in the Xxxxxx Xxxxxx report dated April 20, 1987, that to the best of Landlord's knowledge: (i) the Premises and all operations conducted thereon prior to the Commencement Date are in compliance with all Laws regarding Hazardous Materials ("Hazardous Material Laws"), (ii) any handling, transportation, storage, treatment, disposal, release or use of Hazardous Materials that has occurred on or about the Premises prior to the Commencement Date has been in compliance with all Hazardous Materials Laws, and (iii) no litigation has been brought or threatened, nor any settlements reached with any governmental or private party, concerning the actual or alleged presence of Hazardous Materials on or about the Premises, nor has Landlord received any notice of any violation, or any alleged violation of any Hazardous Materials Laws, pending claims or pending investigations with respect to the presence of Hazardous Materials on or about the Premises. Except to the extent that the Hazardous Material in question was released, emitted, used, stored, manufactured, transported or discharged by Tenant, or its agents, employees and contractors, Landlord shall indemnify, protect, defend and hold harmless Tenant and its employees, officers, directors, successors and assigns arising from or in connection with any claim, remediation obligation, investigation obligation, liability, cause of action, penalty, attorneys' fee, cost, expense or damage owing or alleged to be owing by Tenant to any third party which relates to the removal investigation, monitoring or remediation of any Hazardous Material present on or about the Premises or the soil, groundwater or surface water thereof, in any of the foregoing cases without regard to whether the Hazardous Materials were present on the Premises as of the Commencement Date or whether the presence of the Hazardous Materials was caused by Landlord. The foregoing indemnity shall not extend to any claim to the extent such claim is based upon an interference with Tenant's business activities resulting from the presence of such Hazardous Materials.
LANDLORD'S REPRESENTATION AND INDEMNITY. Landlord has delivered to Tenant copies of all studies in Landlord's possession concerning the presence of Hazardous Substances on the Premises and will promptly furnish Tenant with a copy of any additional such study that Landlord obtains on or within two months after the Original Commencement Date. Landlord represents to Tenant that, to Landlord's current actual knowledge (without any investigation other than as described in Phase I Environmental Site Assessment; 10.32 Acres of Undeveloped Land, Waterview Parkway, Dallas, Texas, Terracon Project No. 54975133, December 31, 1997, Prepared for Xxxx Xxxxx Xxxxxxxxxxx, 00000 Greenville Xxxxxx, #000, Xxxxxx, Xxxxx 00000 and prepared by Terracon Environmental, Inc., Dallas, Texas (the "REPORT") and subject to all matters reflected or referenced thereon), there are no Hazardous Substances present on the Premises as of the date of this Lease in any manner or quantity that violates any Environmental Laws. Landlord will indemnify, defend and hold Tenant harmless from and against all damages, costs, losses, expenses (including, without limitation, actual attorneys' fees and engineering fees) arising from or attributable to (i) the existence of any Hazardous Substance at the Premises as a result of the acts of Landlord or its agents, employees or contractors, and (ii) any breach by Landlord of its representation contained in this SECTION 6.3.
LANDLORD'S REPRESENTATION AND INDEMNITY. Notwithstanding anything contained in this Article 15 to the contrary, Tenant shall not have any liability to Landlord under this Article 15 resulting from any conditions existing, or events occurring, or any Hazardous Substances existing or generated, at, in, on, under or in connection with the Leased Premises prior to the Commencement Date of this Lease except to the extent Tenant exacerbates the same. Tenant hereby acknowledges receipt of that certain Report of Phase I Environmental Site Assessment prepared by Law Engineering and Environmental Services, Inc. and dated as of November, 2000 (the “Environmental Report”). Landlord hereby warrants and represents to its actual knowledge, without independent investigation, that as of the date of execution of this Lease, that the land underlying the Building is not in violation of any applicable Environmental Laws. Landlord’s actual knowledge is limited to those matters set forth in the Environmental Report. Landlord will indemnify, defend and save Tenant harmless from any and all actions, proceedings, claims, costs, including reasonable attorneys’ fees, expenses and losses of any kind pertaining to, concerning or derived in the event of a breach of the representations of Landlord hereunder. Nothing in this paragraph shall be interpreted as imposing any liability on Landlord for any consequential damages or any other costs or expenses incurred by Tenant including any lost sales or profits of Tenant resulting from any such presence or alleged presence. The covenants and obligations under this Article 15 shall survive the expiration or earlier termination of this Lease.
LANDLORD'S REPRESENTATION AND INDEMNITY. Landlord represents that to Landlord’s actual knowledge, neither Landlord nor any predecessor owner of the Building or underlying land has treated, stored or disposed of any Hazardous Substances upon or within the Building or underlying land. Landlord hereby agrees to indemnify Tenant and hold Tenant harmless from and against any clean-up costs, remedial costs, preventative costs, and/or any governmental fees, costs, expenses, charges or the like arising from any presence of any Hazardous Substances upon or within the Leased Premises which were caused by Landlord, its agents, employees or contractors. Nothing in this Section 15.06 shall be interpreted as imposing any liability on Landlord for any other costs or expenses incurred by Tenant, including any lost sales or profits of Tenant resulting from any such presence. The covenants and obligations under this Article 15 shall survive the expiration or earlier termination of this Lease.
LANDLORD'S REPRESENTATION AND INDEMNITY. Tenant acknowledges that Landlord has obtained that certain Phase I Environmental Assessment dated February 25, 1997 prepared by Nova Environmental Services, Inc. as its Project No. M-97-193 (the "Phase I Report") concerning the existence of and the potential for contamination of the Premises by hazardous substances located on, under or about the Premises, and that Tenant has received a copy of the Phase I Report and has reviewed the same. Landlord warrants and represents to Tenant that to the best of its knowledge and belief as of the date hereof there are no hazardous substances present on under or about the Premises other than as disclosed in the Phase I Report. Landlord further warrants and represents to Tenant that Landlord has not generated, transported, stored, treated or disposed of any hazardous substance on the Premises. Landlord hereby indemnifies and holds Tenant harmless from and against any and all claims, actions, damages, cost and liabilities arising directly out of (i) a breach of the foregoing warranties and representations by Landlord, or (ii) any release of hazardous substances existing as of the date hereof caused by the negligence of Landlord; and this indemnity shall survive the expiration or earlier termination of this Lease.
LANDLORD'S REPRESENTATION AND INDEMNITY. AS TO HAZARDOUS MATERIALS. Landlord represents and warrants that no Hazardous Materials are present on or affect the Premises or the Project, and Landlord agrees to indemnify and hold Tenant harmless for costs of any monitoring, testing, removal cleanup or compliance with the laws of any federal, state or local government having jurisdiction over Hazardous Materials which Tenant may cause or permit to be present, discharged, stored or disposed on the Premises during the Term.
LANDLORD'S REPRESENTATION AND INDEMNITY. Landlord bas delivered to Tenant copies of all studies in Landlord's possession concerning the presence of Hazardous Substances on the Premises and will promptly furnish Tenant with a copy of any additional such study that Landlord obtains on or within two months after the Commencement Date. Landlord represents to Tenant that, to Landlord's current actual knowledge (without duty of investigation), there are no Hazardous Substances present on the Premises as of the date of this Lease in any manner or quantity that violates any Environmental Laws. Landlord will indemnify, defend and hold Tenant harmless from and against all damages, costs, losses, expenses (including, without limitation, actual attorneys' fees and engineering fees) arising from or attributable to (i) the existence of any Hazardous Substance at the Premises as a result of the acts of Landlord or its agents, employees or contractors, and (ii) any breach by Landlord of its representation contained in this Section 6.3.
LANDLORD'S REPRESENTATION AND INDEMNITY. Landlord represents that, to the actual knowledge of Xxxxx Xxxxx, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxxx, Xxxxxx Xxxx, Xxxxx Xxxxxx and Xxxxx Xxxxxx, employees of Landlord who are responsible for the development, leasing, management, maintenance and all legal aspects of the Building and the Leased Premises, no Hazardous Substances are located within the Building or Leased Premises or underlying land in violation of Environmental Laws. Landlord hereby agrees to indemnify Tenant and hold Tenant harmless from and against any clean-up costs, remedial costs, preventative costs, and/or any governmental fees, costs, expenses, charges or the like arising from any presence of any Hazardous Substances upon or within the Leased Premises which were caused by Landlord, its agents, employees or contractors. Nothing in this Section shall be interpreted as imposing any liability on Landlord for any other costs or expenses incurred by Tenant including any lost sales or profits of Tenant resulting from any such presence. The covenants and obligations under this Article 15 shall survive the expiration or earlier termination of this Lease.
LANDLORD'S REPRESENTATION AND INDEMNITY. HAZARDOUS MATERIALS. Landlord hereby represents for the benefit of Tenant that as of the Commencement Date there are no Hazardous Materials located on or beneath the Premises. Landlord shall indemnify, defend with counsel reasonably acceptable to Tenant, and hold Tenant harmless from any claims, liabilities or costs (including reasonable attorneys' fees) arising out of any governmental, administrative, regulatory or private action or proceeding involving (1) any Hazardous Materials which are located on or under the Premises as of the Commencement Date and (2) any Hazardous Materials which are located on or under the Premises at any time during the Term and that were caused by the use, generation, disposal or storage of Hazardous Materials by Landlord (including its employees, agents and contractors) during the Term. The obligations of Landlord hereunder shall inure to the benefit of any assignee or sublessee of Tenant. This obligation shall survive expiration or termination of this Lease.
LANDLORD'S REPRESENTATION AND INDEMNITY. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not have any liability to Landlord under this Lease resulting from any Hazardous Materials existing or generated at, in, on, under or in connection with the Premises prior to the date hereof except to the extent Tenant exacerbates the same. Landlord hereby agrees to indemnify Tenant and hold Tenant harmless from and against any and all reasonable and actual expense, loss and liability suffered by Tenant (with the exception of any and all punitive or consequential damages) by reason of Hazardous Materials located upon or within the Premises prior to the date of this Lease. Notwithstanding the foregoing, Landlord shall have the right to undertake and perform any studying, remedying, removing, disposing or otherwise addressing the existence of any Hazardous Materials that are the responsibility of Landlord hereunder and of all communications with regulatory or governmental agencies with respect thereto, and Tenant shall not perform such acts and communications nor be entitled to any indemnification hereunder unless (a) Tenant is specifically required by Environmental Laws to perform such acts, and (b) Landlord has failed or refused to perform such acts and communications after having been afforded reasonable written notice by Tenant and having had reasonable opportunity to perform such acts and communications.
