Common use of LANDLORD'S REPRESENTATION AND INDEMNITY Clause in Contracts

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 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 best knowledge: (ia) the Premises and all operations conducted thereon prior to the Commencement Date are in compliance with all Laws regarding Hazardous Materials ("Hazardous Material Laws"), ) and (iib) 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, . Landlord further represents and (iii) warrants that to Landlord's actual knowledge 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 presence of the Hazardous Material in question was released, emitted, used, stored, manufactured, transported due to any act or discharged by omission of Tenant, or its agents, employees employees, invitees 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 (a) any claim, remediation obligation, investigation obligationinvestigation, liability, cause of action, penalty, attorneys' attorney's fee, cost, expense or damage owing or alleged to be owing by Tenant to any third party which relates with respect to any Hazardous Material present on or about the Premises, or the soil, groundwater or surface water thereof, or (b) 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 In no event shall not extend to Landlord be liable for any claim to the extent consequential damages suffered or incurred by Tenant as a result of any such claim is based upon an interference with Tenant's business activities resulting from the presence of such Hazardous Materialscontamination.

LANDLORD'S REPRESENTATION AND INDEMNITY. Landlord hereby represents and warrants to Tenantwarrants, that except as outlined in the Xxxxxx Xxxxxx report dated April 20, 1987, that to the best of Landlord's its knowledge: (i) that as of the Commencement Date, there do not exist any Hazardous Materials on the Premises and all operations conducted thereon prior to or the Commencement Date are in compliance with all Laws regarding Hazardous Materials ("Hazardous Material Laws"), (ii) any handling, transportation, storage, treatment, disposal, release soil or use of Hazardous Materials that has occurred groundwater on or about beneath the property on which the Premises prior to the Commencement Date has been in compliance with all Hazardous Materials Lawsare a part, and (iiiii) 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, 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 contractorsemployees, invitees or contractors in or about the Premises, Landlord shall indemnify, protect, defend indemnify and hold harmless Tenant and Tenant, its agents, employees, officers, directors, successors subtenants and assigns arising harmless from any claims, liabilities, costs or in connection with any claim, remediation obligation, investigation obligation, liability, cause of action, penalty, attorneys' fee, cost, expense expenses incurred or damage owing or alleged to be owing suffered by Tenant to any third party which relates related to the removal 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 which are present or which come to be 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 except to the extent such claim is based upon an interference with Tenant's business activities resulting from the presence of such Hazardous MaterialsMaterials is caused by Tenant or by Tenant's failure to prevent a third party from dumping Hazardous Materials through the surface of the Premises. Landlord's indemnification and hold harmless obligations include, without limitation, (i) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any private or public person under common law or under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1980 ("RCRA") or any other Federal, State, County or Municipal law, ordinance or regulation, (ii) claims, liabilities, costs or expenses pertaining to the identification, monitoring, cleanup, containment, or removal of Hazardous Materials from soils, riverbeds or aquifers including the provision of an alternative public drinking water source, (iii) all costs of defending such claims, and (vi) all other liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions of any kind and administrative or judicial proceedings, orders or judgments), damages (including consequential and punitive damages), and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation. This indemnification shall survive the expiration or termination of this Lease. In no event shall Landlord be liable for any consequential damages suffered or incurred by Tenant as a result of any such contamination.

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 actual knowledge: (ia) the Premises and all operations conducted thereon prior to the Commencement Date are in compliance with all Laws regarding Hazardous Materials ("Hazardous Material Laws"), ) and (iib) 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, . Landlord further represents and (iii) warrants that to Landlord's actual knowledge 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 presence of the Hazardous Material in question was released, emitted, used, stored, manufactured, transported due to any act or discharged by omission of Tenant, or its agents, employees employees, invitees 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 (a) any claim, remediation obligation, investigation obligationinvestigation, liability, cause of action, penalty, attorneys' attorney's fee, cost, expense or damage owing or alleged to be owing by Tenant to any third party which relates with respect to any Hazardous Material present on or about the Premises, or the soil, groundwater or surface water thereof, or (b) 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 In no event shall not extend to Landlord be liable for any claim to the extent consequential damages suffered or incurred by Tenant as a result of any such claim is based upon an interference with Tenant's business activities resulting from the presence of such Hazardous Materialscontamination.