Common use of Lessor’s Indemnity Clause in Contracts

Lessor’s Indemnity. Lessor agrees to indemnify, defend (with counsel satisfactory to Lessee) and hold Lessee and its officers, employees, contractors, and agents harmless from any claims, judgments, damages, penalties, fines, expenses, liabilities or losses arising during or after the lease term out of or in any way relating to a breach of the environmental warranties made by Lessor above or to the presence, release or disposal of Toxic or Hazardous Substances on or from the Demised Premises except where such presence, release or disposal results from any act or omission of Lessee during its occupancy of the Demised Premises. Such indemnity shall include, without limitation, costs incurred in connection with: (i) the presence or suspected presence of Toxic or Hazardous Substances in the soil, groundwater or soil vapor on or under the Demised Premises before Lessee occupies the Demised Premises or the Lease Term commences; (ii) the presence or suspected presence of Toxic or Hazardous Substances on or under the Demised Premises as a result of any discharge, dumping, spilling (accidental or otherwise) onto the Demised Premises during Lessee's occupancy of the Demised Premises or after the lease term commences by Lessor. The indemnification provided by this section shall also specifically cover, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial removal or restoration work required in either event by any federal, state or local governmental agency or political subdivision or by court order because of the presence or suspected presence of Toxic or Hazardous Substances in the soil, groundwater, or soil vapor on or under the Demised Premises, for which Lessor is responsible as provided above. Such costs may include , but not be limited to, response costs incurred as a result of the order of a court or governmental agency and related attorneys fees, consultants fees, and expert fees. The foregoing environmental indemnity shall survive the expiration or earlier termination of this Lease and/or any transfer of all or any portion of the Demised Premises, or of any interest in this Lease.

Lessor’s Indemnity. Lessor agrees to indemnify, defend (with counsel satisfactory to Lessee) and hold Lessee and its officers, employees, contractors, and agents harmless from any claims, judgments, damages, penalties, fines, expenses, liabilities or losses arising during or after the lease term out of or in any way relating to a breach of the environmental warranties made by Lessor above or to the presence, release or disposal of Toxic or Hazardous Substances on or from the Demised Premises except where such presence, release or disposal results from any act or omission of Lessee during its occupancy of the Demised Premises. Such indemnity shall include, without limitation, costs incurred in connection with: (i) the presence or suspected presence of Toxic or Hazardous Substances in the soil, groundwater or soil vapor on or under the Demised Premises before Lessee occupies the Demised Premises or the Lease Term commences; (ii) the presence or suspected presence of Toxic or Hazardous Substances on or under the Demised Premises as a result of any discharge, dumping, spilling (accidental or otherwise) onto the Demised Premises during Lessee's occupancy of the Demised Premises or after the lease term commences by Lessor. The indemnification provided by this section shall also specifically cover, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial removal or restoration work required in either event by any federal, state or local governmental agency or political subdivision or by court order because of the presence or suspected presence of Toxic or Hazardous Substances in the soil, groundwater, or soil vapor on or under the Demised Premises, for which Lessor is responsible as provided above. Such costs may include include, but not be limited to, response costs incurred as a result of the order of a court or governmental agency and related attorneys fees, consultants fees, and expert fees. The foregoing environmental indemnity shall survive the expiration or earlier termination of this Lease and/or any transfer of all or any portion of the Demised Premises, or of any interest in this Lease.

Lessor’s Indemnity. Lessor agrees to indemnifyA. Lessee shall defend, defend (with counsel satisfactory to Lessee) indemnify and hold Lessee and harmless Lessor, its officersagents, employees, contractorsand any and all affiliates of Lessor, including without limitation, any corporations or other entities controlling, controlled by or under common control with Lessor, from and agents harmless against any and all claims or liabilities arising from Lessee's use or occupancy of the Plant, the Plant or the Common Facilities (as hereinafter defined) or the conduct of its business or from any claimsactivity, judgmentswork, damagesor thing done, penaltiespermitted or suffered by Lessee in or about the Plant and the Plant or Common Facilities arising from any breach or default in the performance of any obligation on Lessee's part to be performed hereunder, fines, expenses, liabilities or losses arising during or after the lease term out of or in any way relating to a breach of the environmental warranties made by Lessor above or to the presence, release or disposal of Toxic or Hazardous Substances on or from the Demised Premises except where such presence, release or disposal results from any act or omission negligence of Lessee, or of its agents, employees, visitors, patrons, guests, invitees or licensees, including vendors servicing Lessee, and for and against all costs, attorneys' fees, expenses and liabilities incurred or any actions or proceedings brought thereon. In case Lessor, its agents or affiliates shall be made a party to any litigation commenced by or against Lessor, then Lessee during its occupancy shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees, legal expenses, expenses of the Demised Premises. Such indemnity shall includediscovery proceedings, without limitation, costs travel and fees for expert witnesses incurred in connection with: (i) the presence or suspected presence of Toxic or Hazardous Substances in the soil, groundwater or soil vapor on or under the Demised Premises before Lessee occupies the Demised Premises or the Lease Term commences; (ii) the presence or suspected presence of Toxic or Hazardous Substances on or under the Demised Premises as a result of any discharge, dumping, spilling (accidental or otherwise) onto the Demised Premises during Lessee's occupancy of the Demised Premises or after the lease term commences paid by Lessor. The indemnification provided by this section shall also specifically cover, without limitation, costs incurred Lessor in connection with such litigation. Lessor may at its option, require Lessee to assume Lessor's defense in any investigation of site conditions or any cleanup, remedial removal or restoration work required in either event action covered by any federal, state or local governmental agency or political subdivision or by court order because this Paragraph through counsel satisfactory to Lessor. B. The term "Common Facilities" shall mean all areas within the exterior boundaries of the presence Plant or suspected presence of Toxic appurtenant thereto which are not now or Hazardous Substances hereafter held for exclusive use by persons entitled to occupy space in the soilPlant, groundwaterand other areas and improvements provided by Lessor for the common use of Lessee and Lessee's and its respective employees and invitees, or soil vapor on or under including, without limiting the Demised Premises, for which Lessor is responsible as provided above. Such costs may include , but not be limited to, response costs incurred as a result generality of the order of a court or governmental agency foregoing, parking areas, driveways, truckways, delivery passages, loading docks, sidewalks, ramps, landscaped and related attorneys feespainted areas, consultants feesexterior stairways, hallways and expert fees. The foregoing environmental indemnity shall survive interior stairwells not located within the expiration or earlier termination of this Lease Plant, common entrances and lobbies, elevators, bus stops, retaining walls and restrooms not located within the Plant, lighting fixtures, building and/or any transfer of all or any portion of the Demised Premisesproject identification signs, or of any interest in this Leaseirrigation systems and controllers, drains and sewers.