Common use of Notice of Environmental Losses Clause in Contracts

Notice of Environmental Losses. If an Indemnified Party receives a written notice of Environmental Losses that such Indemnified Party believes are covered by this Paragraph 11, then such Indemnified Party will be expected to promptly furnish a copy of such notice to Tenant. The failure to so provide a copy of the notice to Tenant shall not excuse Tenant from its obligations under this Paragraph 11; provided, that if Tenant is unaware of the matters described in the notice and such failure renders unavailable defenses that Tenant might otherwise assert, or precludes actions that Tenant might otherwise take, to minimize its obligations hereunder, then Tenant shall be excused from its obligation to indemnify such Indemnified Party (and any Affiliate of such Indemnified Party) against Environmental Losses, if any, which would not have been incurred but for such failure. For example, if Landlord fails to provide Tenant with a copy of a notice of an obligation covered by the indemnity set out in subparagraph 11.(a) and Tenant is not otherwise already aware of such obligation, and if as a result of such failure Landlord becomes liable for penalties and interest covered by the indemnity in excess of the penalties and interest that would have accrued if Tenant had been promptly provided with a copy of the notice, then Tenant will be excused from any obligation to Landlord (or any Affiliate of Landlord) to pay the excess.

Notice of Environmental Losses. If an Indemnified Party receives a written notice of Environmental Losses that such Indemnified Party believes are covered by this Paragraph 1114, then such Indemnified Party will be expected to promptly furnish a copy of such notice to Tenant. The failure to so provide a copy of the notice to Tenant shall not excuse Tenant from its obligations under this Paragraph 1114; provided, that if Tenant is unaware of the matters described in the notice and such failure renders unavailable defenses that Tenant might otherwise assert, or precludes actions that Tenant might otherwise take, to minimize its obligations hereunder, then Tenant shall be excused from its obligation to indemnify such Indemnified Party (and any Affiliate of such Indemnified Party) against Environmental Losses, if any, which would not have been incurred but for such failure. For example, if Landlord fails to provide Tenant with a copy of a notice of an obligation covered by the indemnity set out in subparagraph 11.(a12.(a) and Tenant is not otherwise already aware of such obligation, and if as a result of such failure Landlord becomes liable for penalties and interest covered by the indemnity in excess of the penalties and interest that would have accrued if Tenant had been promptly provided with a copy of the notice, then Tenant will be excused from any obligation to Landlord (or any Affiliate of Landlord) to pay the excess.

Notice of Environmental Losses. If an Indemnified Party Purchaser receives a written notice of Environmental Losses that such Indemnified Party Purchaser believes are covered by this Paragraph 11Section 4.1(n)(iii), then such Indemnified Party will be expected to Purchaser shall promptly furnish a copy of such notice to TenantSeller. The failure to so provide a copy of the notice to Tenant Seller shall not excuse Tenant Seller from its obligations under this Paragraph 11Section 4.1(n)(iii); provided, that if Tenant Seller is unaware of the matters described in the notice and such failure renders unavailable defenses that Tenant Seller might otherwise assert, or precludes actions that Tenant Seller might otherwise take, to minimize its obligations hereunder, then Tenant Seller shall be excused from its obligation to indemnify such Indemnified Party (Purchaser against assessments, fines, costs and any Affiliate of such Indemnified Party) against Environmental Lossesexpenses, if any, which would not have been incurred but for such failure. For example, if Landlord Purchaser fails to provide Tenant Seller with a copy of a notice of an obligation covered by the indemnity set out in subparagraph 11.(asubsection 4.1(n)(iii)(1) and Tenant Seller is not otherwise already aware of such obligation, and if as a result of such failure Landlord Purchaser becomes liable for penalties and interest covered by the indemnity in excess of the penalties and interest that would have accrued if Tenant Seller had been promptly provided with a copy of the notice, then Tenant Seller will be excused from any obligation to Landlord (or any Affiliate of Landlord) Purchaser to pay the excess.

Notice of Environmental Losses. If an Indemnified Interested Party receives a written notice of Environmental Losses that such Indemnified Party it believes are covered by this Paragraph 1112, then such Indemnified Interested Party will be expected to promptly furnish a copy of such notice to TenantSpecialty Laboratories. The Such Interested Party's failure to so provide a copy of the notice to Tenant Specialty Laboratories shall not excuse Tenant Specialty Laboratories from its obligations under this Paragraph 1112; provided, that but if Tenant Specialty Laboratories is unaware of the matters described in the notice and such failure renders unavailable defenses that Tenant Specialty Laboratories might otherwise assert, or precludes actions that Tenant Specialty Laboratories might otherwise take, to minimize its obligations hereunder, then Tenant Specialty Laboratories shall be excused from its obligation to indemnify such Indemnified that particular Interested Party (and any Affiliate of such Indemnified Partyits Affiliates which may also be Interested Parties) against Environmental Losses, if any, which would not have been incurred but for such failure. For example, if Landlord BNPPLC fails to provide Tenant Specialty Laboratories with a copy of a notice of an obligation covered by the indemnity set out in subparagraph 11.(a12(A) and Tenant Specialty Laboratories is not otherwise already aware of such obligation, and if as a result of such failure Landlord BNPPLC becomes liable for penalties and interest covered by the indemnity in excess of the penalties and interest that would have accrued if Tenant Specialty Laboratories had been promptly provided with a copy of the notice, then Tenant Specialty Laboratories will be excused from any obligation to Landlord (BNPPLC or any Affiliate of Landlord) BNPPLC's Parent to pay the excess.

Notice of Environmental Losses. If an Indemnified Party Landlord receives a written notice of Environmental Losses that such Indemnified Party Landlord believes are covered by this Paragraph 1112, then such Indemnified Party will be expected to Landlord shall promptly furnish a copy of such notice to Tenant. The failure to so provide a copy of the notice to Tenant shall not excuse Tenant from its obligations under this Paragraph 1112; provided, that if none of the officers of Tenant is unaware and none of the employees of Tenant in Tenant's Environmental Health & Safety group or in Tenant's Facilities Engineering group (and, in the future, no employees taking over responsibilities that such groups now have) are aware of the matters described in the notice and such failure by Landlord renders unavailable defenses that Tenant might otherwise assert, or precludes actions that Tenant might otherwise take, to minimize its obligations hereunder, then Tenant shall be excused from its obligation to indemnify such the Indemnified Party (Parties against assessments, fines, costs and any Affiliate of such Indemnified Party) against Environmental Lossesexpenses, if any, which would not have been incurred but for such failure. For example, if Landlord fails to provide Tenant with a copy of a notice of an obligation covered by the indemnity set out in subparagraph 11.(a12(a) and Tenant is not otherwise already aware of such obligation, and if as a result of such failure Landlord becomes liable for penalties and interest covered by the indemnity in excess of the penalties and interest that would have accrued if Tenant had been promptly provided with a copy of the notice, then Tenant will be excused from any obligation to Landlord (or any Affiliate of Landlord) to pay the excess.