Lessor’s Environmental Indemnity Sample Clauses

Lessor’s Environmental Indemnity. Lessor agrees to indemnify and hold Lessee harmless from any liabilities, losses, claims, damages, penalties, fines, attorney fees, expert fees, court costs, remediation costs, investigation costs, or other expenses resulting from or arising out of the use, storage, treatment, transportation, release, presence, generation, or disposal of Hazardous Materials on, from or about the Premises, and/or subsurface or ground water prior to the Commencement Date or caused by Lessor (or Lessor's successor), its agents or employees.
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Lessor’s Environmental Indemnity. Lessor agrees to indemnify and hold Lessee harmless from any liabilities, losses, claims, damages, penalties, fines, attorneys' fees, expert fees, court costs, remediation costs, investigation costs, or other expenses resulting from or arising out of the use, storage, treatment, transportation, release, presence, generation, or disposal of Hazardous Materials on, from or about the Project, and/or subsurface or ground water, before or after the Commencement Date from an act or omission of Lessor (or Lessor's successor), its agents or employees (but not from an act or omission of any other person, including, without limitation, a tenant of or licensee of the Project or its agents, employees, invitees, vendors, contractors, agents or visitors or any other visitor to the Project) or from Lessor's misrepresentation of its actual knowledge of Hazardous Materials at the Project pursuant to the California Health & Safety Code or as otherwise required by law.
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Lessor’s Environmental Indemnity. In no event shall Lessee be -------------------------------- responsible for, and Lessor shall indemnify and hold Lessee, its agents and employees harmless with respect to, remediation of Hazardous Materials identified in Exhibit "I" which are at the Premises prior to the Commencement Date.
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Lessor’s Environmental Indemnity. If there is a PPA in place between the Lessor and Lessee and such PPA addresses environmental indemnities, then such PPA shall govern. If there is no such PPA, then this section shall apply. Lessor shall indemnify, defend and hold harmless the Lessee Indemnified Parties for, from, and against, any claims, costs, damages, fees, or penalties, including lost income and and loss of Incentives, arising from the presence of any Hazardous Materials on or under the Premises, except to the extent that such presence is attributable to a violation by Lessee or Lessee’s agents or contractors of any federal, State, or local law, ordinance, order, or regulation relating to the generation, manufacture, production, use, storage, release or threatened release, discharge, disposal, transportation, or presence of any Hazardous Material on or under the Premises.
Sample 1
Lessor’s Environmental Indemnity. Lessor shall indemnify, ---------------------------------------------- defend and hold Lessee and Lessee's officers, employees, agents, successors and assigns, free and harmless from and against any claims, damages, losses, forfeitures, penalties, expenses or liabilities (including reasonable legal fees and other costs of litigation) arising from or in connection with (i) any Hazardous Materials at, from, in or on the premises on or prior to the Commencement Date, (ii) any violation by Lessor or its employees, agents or contractors (collectively, the "Lessor's Parties") of any Environmental Laws and any failure by the Lessor's Parties to comply with any Environmental Laws, licenses or permits with respect to the premises, the Xxxx Building or Lessor's Remaining Property; specifically excluding, however, any emission, discharge, spill, release or disposal of Hazardous Materials at, from or on the premises at or prior to the Commencement Date caused by the Lessee's Parties, or any violation of any Environmental Law, caused by the Lessee's Parties, and (iii) the discharge in or from the Xxxx Building or Lessor's Remaining Property by any of the Lessor's Parties of any Hazardous Materials, or the disposal, release, threatened release, discharge, or generation of Hazardous Materials to, in, on, under, about or from the Xxxx Building or Lessor's Remaining Property by any of the Lessor's Parties. In no event, however, shall the indemnities contained in this Section 21.4 include any lost profits or lost revenues incurred by Lessee. ------------ Lessor's indemnity and liability under this Section 21.4 shall survive the ------------ expiration or earlier termination of this Lease or an assignment of this Lease by the original Lessor. However, in the event of such assignment, the indemnities contained in this Section 21.4 (a) shall, as to any Lessor ------------ (including the original Lessor), in no event pertain, cover or relate to the acts or omissions of Lessor's successor under this Lease (or of any other person or entity, except the Lessor's Parties), and (b) as to any successor Lessor (i.e., a Lessor other than the original Lessor), shall pertain solely to the period of the successor Lessor's ownership.
Sample 1
Lessor’s Environmental Indemnity. Lessor shall indemnify, defend and hold harm- less the Lessee Indemnified Parties for, from, and against, any claims, costs, damages, fees, or penalties arising from the presence of any Hazardous Materials on or under the Premises, except to the extent that such presence is attributable to a violation by Lessee or Lessee’s agents or contractors of any federal, State, or local law, ordinance, order, or regulation relating to the generation, manufacture, production, use, storage, release or threatened re- lease, discharge, disposal, transportation, or presence of any Hazardous Material on or un- der the Premises.
Sample 1
Lessor’s Environmental Indemnity. Without in any way limiting the generality of the General Indemnity set forth in Section 16.3, Lessor will be solely responsible for and agrees to defend (using legal counsel reasonably acceptable to Lessee, taking into account insurance defense requirements), indemnify, and hold harmless Lessee from and against all Environmental Costs claimed against or assessed against Lessee arising from acts of Lessor on or about the Project Area after the date of the Initial Audit Lessor will be responsible to promptly and fully address and remediate any claims for Natural Resources Damages, as directed by the agency assessing such damage claim. Notwithstanding the foregoing, Lessor will not be responsible for, and does not indemnify Lessee for any actions of Lessee or any other third party (excluding Lessor’s own employees, agents, contractors, or suppliers) that cause environmental damage or a violation of any Environmental Law within the Project Area.
Sample 1
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Lessor’s Environmental Indemnity. Lessor shall indemnify, defend and hold harmless the Lessee Indemnified Parties for, from, and against, any claims, costs, damages, fees, or penalties, including PPA Damages, arising from the presence of any Hazardous Materials on or under the Premises, except to the extent that such presence is attributable to a violation by Lessee or Lessee’s agents or contractors of any federal, State, or local law, ordinance, order, or regulation relating to the generation, manufacture, production, use, storage, release or threatened release, discharge, disposal, transportation, or presence of any Hazardous Material on or under the Premises.
Sample 1

Related to Lessor’s Environmental Indemnity

  • Environmental Indemnity Borrower agrees to indemnify, hold harmless and defend Indemnitees from and against all proceedings, claims, damages, penalties and costs (whether initiated or sought by Governmental Authorities or private parties), including Attorneys’ Fees and Costs and remediation costs, whether incurred in connection with any judicial or administrative process or otherwise, arising directly or indirectly from any of the following:

  • Environmental Indemnification Borrower shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses and costs of Remediation (whether or not performed voluntarily), engineers' fees, environmental consultants' fees, and costs of investigation (including but not limited to sampling, testing, and analysis of soil, water, air, building materials and other materials and substances whether solid, liquid or gas) imposed upon or incurred by or asserted against any Indemnified Parties, and directly or indirectly arising out of or in any way relating to any one or more of the following: (a) any presence of any Hazardous Substances in, on, above, or under the Property; (b) any past, present or threatened Release of Hazardous Substances in, on, above, under or from the Property; (c) any activity by Borrower, any Person affiliated with Borrower or any tenant or other user of the Property in connection with any actual, proposed or threatened use, treatment, storage, holding, existence, disposition or other Release, generation, production, manufacturing, processing, refining, control, management, abatement, removal, handling, transfer or transportation to or from the Property of any Hazardous Substances at any tine located in, under, on or above the Property; (d) any activity by Borrower, any Person affiliated with Borrower or any tenant or other user of the Property in connection with any actual or proposed Remediation of any Hazardous Substances at any time located in, under, on or above the Property, whether or not such Remediation is voluntary or pursuant to court or administrative order, including but not limited to any removal, remedial or corrective action; (e) any past or present non-compliance or violations of any Environmental Laws (or permits issued pursuant to any Environmental Law) in connection with the Property or operations thereon, including but not limited to any failure by Borrower, any Affiliate of Borrower or any tenant or other user of the Property to comply with any order of any Governmental Authority in connection with any Environmental Laws; (f) the imposition, recording or filing of any Environmental Lien encumbering the Property; (g) any administrative processes or proceedings or judicial proceedings in any way connected with any matter addressed in Article 8 and this SECTION 9.4; (h) any past, present or threatened injury to, destruction of or loss of natural resources in any way connected with the Property, including but not limited to costs to investigate and assess such injury, destruction or loss; (i) any acts of Borrower or other users of the Property in arranging for disposal or treatment, or arranging with a transporter for transport for disposal or treatment, of Hazardous Substances owned or possessed by such Borrower or other users, at any facility or incineration vessel owned or operated by another Person and containing such or any similar Hazardous Substance; (j) any acts of Borrower or other users of the Property, in accepting any Hazardous Substances for transport to disposal or treatment facilities, incineration vessels or sites selected by Borrower or such other users, from which there is a Release, or a threatened Release of any Hazardous Substance which causes the incurrence of costs for Remediation; (k) any personal injury, wrongful death, or property damage arising under any statutory or common law or tort law theory, including but not limited to damages assessed for the maintenance of a private or public nuisance or for the conducting of an abnormally dangerous activity on or near the Property; and (1) any misrepresentation or inaccuracy in any representation or warranty or material breach or failure to perform any covenants or other obligations pursuant to Article 8. Notwithstanding the foregoing, Borrower shall not be liable under this SECTION 9.4 for any Losses or costs of Remediation to which the Indemnified Parties may become subject to the extent such Losses or costs of Remediation arise by reason of the gross negligence, illegal acts, fraud of willful misconduct of the Indemnified Parties. This indemnity shall survive any termination, satisfaction or foreclosure of this Security Instrument, subject to the provisions of SECTION 10.5.

  • HAZARDOUS MATERIALS INDEMNITY Lessee covenants, represents and warrants to Lessor, its successors and assigns, (i) that it has not used or permitted and will not use or permit the Leased Premises to be used, whether directly or through contractors, agents or tenants, and to the best of Lessee's knowledge and except as disclosed to Lessor in writing, the Leased Premises has not at any time been used for the generating, transporting, treating, storage, manufacture, emission of, or disposal of any dangerous, toxic or hazardous pollutants, chemicals, wastes or substances as defined in the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), the Federal Resource Conservation and Recovery Act of 1976 ("RCRA"), or any other federal, state or local environmental laws, statutes, regulations, requirements and ordinances ("Hazardous Materials"); (ii) that there have been no investigations or reports involving Lessee, or the Leased Premises by any governmental authority which in any way pertain to Hazardous Materials (iii) that the operation of the Leased Premises has not violated and is not currently violating any federal, state or local law, regulation, ordinance or requirement governing Hazardous Materials; (iv) that the Leased Premises is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites nor any other list, schedule, log, inventory or record of Hazardous Materials or hazardous waste sites, whether maintained by the United States Government or any state or local agency; and (v) that the Leased Premises will not contain any formaldehyde, urea or asbestos, except as may have been disclosed in writing to Lessor by Lessee at the time of execution and delivery of this Lease. Lessee agrees to indemnify and reimburse Lessor, its successors and assigns, for:

  • Tenant’s Indemnification Tenant shall indemnify Landlord and Landlord’s managing agent from any and all claims, losses, liabilities, costs, expenses and damages, including attorneys’ fees, costs of testing and remediation costs, incurred by Landlord in connection with any breach by Tenant of its obligations under this Article 15. The covenants and obligations under this Article 15 shall survive the expiration or earlier termination of this Lease.

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