Common use of Obligation to Indemnify, Defend, and Hold Harmless Clause in Contracts

Obligation to Indemnify, Defend, and Hold Harmless. Tenant and its successors, assigns and guarantors, agrees to indemnify, defend, reimburse, and hold harmless (a) Landlord and its agents, successors and assigns, (b) any other person who acquires a portion of the Premises in any manner, including but not limited to the purchase, at a foreclosure sale or otherwise through the exercise of the rights and remedies of Landlord under this agreement, and (c) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns, and invitees of such persons, from and against any and all Environmental Damages arising from the presence of Hazardous Materials used, stored, disposed of or brought upon, about, or beneath the Premises by Tenant, or Tenant’s agents, contractors, vendors or invitees (collectively the “Tenant Parties”) or any such Hazardous Materials migrating from the Premises, or arising in any manner as a result of the Tenant Parties' violation of any Environmental Requirements and the Tenant Parties’ activities thereon, unless to the extent such Environmental Damages exist as a direct result of the negligence or willful misconduct of Landlord. Tenant’s obligation hereunder shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Landlord), conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons and to remediate the Premises pursuant to Section 26.4 below. Landlord at its sole expense may employ additional counsel of its choice to associate with counsel representing Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall in no event be held liable or responsible (including without limitation, for the removal or encapsulation thereof) for, and Landlord indemnifies and holds Tenant and Tenant Parties harmless for (a) any Environmental Damages not caused by Tenant or any Tenant Party, and (b) the presence of, or exposure to, any Hazardous Material not caused or introduced by Tenant or any Tenant Party. Tenant’s and Landlord’s obligations hereunder shall survive the expiration or earlier termination of this Lease, the discharge of all other obligations owned by the parties to each other, and any transfer of title to the Premises (whether by sale, foreclosure, deed in lieu of foreclosure or otherwise). The obligations of Tenant under this paragraph shall not apply to any Environmental Damages, the violation of any Environmental Requirements or the presence of any Hazardous Material to the extent that such condition or event was not caused by Tenant, Tenant’s agents, employees or invitees. Subject to the terms of Section 17.4 of this Lease above, as a result of any Environmental Damages or the presence of any Hazardous Materials that were not caused by Tenant or any Tenant Party, in the event any legal requirement or governmental entity requires the Premises to be inspected, tested, remediated, or surveyed for the presence of any Hazardous Materials, Landlord, at its sole cost and expense, shall promptly perform such activities required under applicable law to restore the Premises to a condition substantially similar to the condition existing on the Commencement Date of this Lease, notwithstanding any lesser standards allowed under applicable law or governmental policies.

Obligation to Indemnify, Defend, and Hold Harmless. Tenant and its successors, assigns and guarantors, agrees agreed to indemnifyindemnity, defend, reimburse, and hold harmless (a) Landlord and its agents, successors and assigns, (b) any other person who acquires a portion of the Premises in any manner, including but not limited to the purchase, at a foreclosure sale or otherwise through the exercise of the rights and remedies of Landlord under this agreement, and (c) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns, and invitees of such persons, from and against any and all Environmental Damages arising from the presence of Hazardous Materials used, stored, disposed of or brought upon, brought about, or brought beneath the Premises by Tenant, or Tenant’s agents, contractors, vendors or invitees (collectively the “Tenant Parties”) or any such Hazardous Materials migrating from the Premises, or arising in any manner as a result of the Tenant Parties' ’ violation of any Environmental Requirements and the Tenant Parties’ activities thereon, unless to the extent such Environmental Damages exist as a direct result of the negligence or willful misconduct of Landlord. Tenant’s obligation hereunder shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Landlord), conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons and to remediate the Premises pursuant to Section 26.4 27.4 below. Landlord at its sole expense may employ additional counsel of its choice to associate with counsel representing Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall in no event be held liable or responsible (including without limitation, for the removal or encapsulation thereof) for, and Landlord indemnifies and holds Tenant and Tenant Parties harmless for (a) any Environmental Damages not caused by Tenant or any Tenant Party, and (b) the presence of, or exposure to, any Hazardous Material not caused Materials migrating from the Premises or introduced by existing in or upon the Premises prior to the date Tenant or any Tenant Partyaccepts possession of the same. Tenant’s and Landlord’s obligations hereunder shall survive the expiration or earlier termination of this Lease, the discharge of all other obligations owned by the parties to each other, and any transfer of title to the Premises (whether by sale, foreclosure, deed in lieu of foreclosure or otherwise). The obligations of Tenant under this paragraph shall not apply to any Environmental Damages, the violation of any Environmental Requirements or the presence of any Hazardous Material to the extent that such condition or event arose or existed prior to the effective date of this Lease, migrated onto the Premises prior to or after the effective date of this Lease through no violation of Environmental Requirements by Tenant or its agents, or was not caused by Tenant, Tenant’s agents, employees or invitees. Subject to the terms of Section 17.4 of this Lease above, as As a result of any pre-existing Environmental Damages or the presence of any Hazardous Materials that were not caused by prior to the date Tenant or any Tenant Partyaccepts possession of the Premises, in the event any legal requirement or governmental entity requires the Premises to be inspected, tested, remediated, tested or surveyed for the presence of any Hazardous MaterialsMaterials prior to or during Tenant’s occupancy of the Premises, Landlord, at its sole cost and expense, shall promptly perform such activities required under applicable law to restore the Premises to a condition substantially similar to the condition existing on the Commencement Date of this Lease, notwithstanding any lesser standards allowed under applicable law or governmental policiesactivities.

Obligation to Indemnify, Defend, and Hold Harmless. Tenant and its successors, assigns and guarantors, agrees to indemnify, defend, reimburse, and hold harmless (a) Landlord and its agents, successors and assigns, (b) any other person who acquires a portion of the Premises in any manner, including but not limited to the purchase, at a foreclosure sale or otherwise through the exercise of the rights and remedies of Landlord under this agreement, and (c) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns, and invitees of such persons, from and against any and all Environmental Damages arising from the presence of Hazardous Materials used, stored, disposed of or brought upon, about, or beneath the Premises by Tenant, or Tenant’s agents, contractors, vendors or invitees (collectively the “Tenant Parties”) or any such Hazardous Materials migrating from the Premises, or arising in any manner as a result of the Tenant Parties' violation of any Environmental Requirements and the Tenant Parties’ activities thereon, unless to the extent such Environmental Damages exist as a direct result of the negligence or willful misconduct of Landlord. Tenant’s obligation hereunder shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Landlord), conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons and to remediate the Premises pursuant to Section 26.4 below. Landlord at its sole expense may employ additional counsel of its choice to associate with counsel representing Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall in no event be held liable or responsible (including without limitation, for the removal or encapsulation thereof) for, and Landlord indemnifies and holds Tenant and Tenant Parties harmless for (a) any Environmental Damages not caused by Hazardous Materials migrating from the Premises or existing in or upon the Premises (whether known or unknown) prior to the date Tenant or any Tenant Partyaccepts possession of the same, and (b) the presence of, or exposure to, any Hazardous Material Environmental Damages not caused or introduced by Tenant or any Tenant Party. Tenant’s and Landlord’s obligations hereunder shall survive the expiration or earlier termination of this Lease, the discharge of all other obligations owned by the parties to each other, and any transfer of title to the Premises (whether by sale, foreclosure, deed in lieu of foreclosure or otherwise). The obligations of Tenant under this paragraph shall not apply to any Environmental Damages, the violation of any Environmental Requirements or the presence of any Hazardous Material to the extent that such condition or event arose or existed prior to the effective date of this Lease, migrated onto the Premises prior to or after the effective date of this Lease through no violation of Environmental Requirements by Tenant or its agents, or was not caused by Tenant, Tenant’s agents, employees or invitees. Subject to the terms of Section 17.4 of this Lease above, as As a result of any pre-existing Environmental Damages or the presence of any Hazardous Materials that were not caused by prior to the date Tenant or any Tenant Partyaccepts possession of the Premises, in the event any legal requirement or governmental entity requires the Premises to be DOCSSB/108279v20/100382-1006 inspected, tested, remediated, or surveyed for the presence of any Hazardous MaterialsMaterials prior to or during Tenant's occupancy of the Premises, Landlord, at its sole cost and expense, shall promptly perform such required activities required under applicable law necessary to restore the Premises to a condition substantially similar to the condition existing on the Commencement Date of this Lease, notwithstanding any lesser standards allowed under applicable law or governmental policies.

Obligation to Indemnify, Defend, and Hold Harmless. Tenant and its successors, assigns and guarantors, agrees to indemnify, defend, reimburse, and hold harmless (a) Landlord and its agents, successors and assigns, (b) any other person who acquires a portion of the Premises in any manner, including but not limited to the purchase, at a foreclosure sale or otherwise through the exercise of the rights and remedies of Landlord under this agreement, and (c) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns, 32730.018 - 276230.10 4836-3652-8809v15/100382-1012 and invitees of such persons, from and against any and all Environmental Damages arising from the presence of Hazardous Materials used, stored, disposed of or brought upon, about, or beneath the Premises by Tenant, or Tenant’s agents, contractors, vendors or invitees (collectively the “Tenant Parties”) or any such Hazardous Materials migrating from the Premises, or arising in any manner as a result of the Tenant Parties' violation of any Environmental Requirements and the Tenant Parties’ activities thereon, unless to the extent such Environmental Damages exist as a direct result of the negligence or willful misconduct of Landlord. Tenant’s obligation hereunder shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Landlord), conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons and to remediate the Premises pursuant to Section 26.4 below. Landlord at its sole expense may employ additional counsel of its choice to associate with counsel representing Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall in no event be held liable or responsible (including without limitation, for the removal or encapsulation thereof) for, and Landlord indemnifies and holds Tenant and Tenant Parties harmless for (a) any Environmental Damages not caused by Tenant or any Tenant Party, and (b) the presence of, or exposure to, any Hazardous Material not caused or introduced by Tenant or any Tenant Party. Tenant’s and Landlord’s obligations hereunder shall survive the expiration or earlier termination of this Lease, the discharge of all other obligations owned by the parties to each other, and any transfer of title to the Premises (whether by sale, foreclosure, deed in lieu of foreclosure or otherwise). The obligations of Tenant under this paragraph shall not apply to any Environmental Damages, the violation of any Environmental Requirements or the presence of any Hazardous Material to the extent that such condition or event was not caused by Tenant, Tenant’s agents, employees or invitees. Subject to the terms of Section 17.4 of this Lease above, as a result of any Environmental Damages or the presence of any Hazardous Materials that were not caused by Tenant or any Tenant Party, in the event any legal requirement or governmental entity requires the Premises to be inspected, tested, remediated, or surveyed for the presence of any Hazardous Materials, Landlord, at its sole cost and expense, shall promptly perform such activities required under applicable law to restore the Premises to a condition substantially similar to the condition existing on the Commencement Date of this Lease, notwithstanding any lesser standards allowed under applicable law or governmental policies.

Obligation to Indemnify, Defend, and Hold Harmless. Tenant and its successors, assigns and guarantors, agrees agreed to indemnifyindemnity, defend, reimburse, and hold harmless (a) Landlord and its agents, successors and assigns, (b) any other person who acquires a portion of the Premises in any manner, including but not limited to the purchase, at a foreclosure sale or otherwise through the exercise of the rights and remedies of Landlord under this agreement, and (c) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns, and invitees of such persons, from and against any and all Environmental Damages arising from the presence of Hazardous Materials used, stored, disposed of or brought upon, about, or beneath the Premises by Tenant, or Tenant’s agents, contractors, vendors or invitees (collectively the “Tenant Parties”) or any such Hazardous Materials migrating from the Premises, or arising in any manner as a result of the Tenant Parties' ’ violation of any Environmental Requirements and the Tenant Parties’ activities thereon, unless to the extent such Environmental Damages exist as a direct result of the negligence or willful misconduct of Landlord. Tenant’s obligation hereunder shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Landlord), conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons and to remediate the Premises pursuant to Section 26.4 27.4 below. Landlord at its sole expense may employ additional counsel of its choice to associate with counsel representing Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall in no event be held liable or responsible (including without limitation, for the removal or encapsulation thereof) for, and Landlord indemnifies and holds Tenant and Tenant Parties harmless for (a) any Environmental Damages not caused by Tenant or any Tenant Party, and (b) the presence of, or exposure to, any Hazardous Material not caused Materials migrating from the Premises or introduced by existing in or upon the Premises prior to the date Tenant or any Tenant Partyaccepts possession of the same. Tenant’s and Landlord’s obligations hereunder shall survive the expiration or earlier termination of this Lease, the discharge of all other obligations owned by the parties to each other, and any transfer of title to the Premises (whether by sale, foreclosure, deed in lieu of foreclosure or otherwise). The obligations of Tenant under this paragraph shall not apply to any Environmental Damages, the violation of any and Environmental Requirements or the presence of any Hazardous Material to the extent that such condition or event arose or existed prior to the effective date of this Lease, migrated onto the Premises prior to or after the effective date of this Lease through no violation of Environmental Requirements by Tenant or its agents, or was not caused by Tenant, Tenant’s agents, employees or invitees. Subject to the terms of Section 17.4 of this Lease above, as As a result of any pre-existing Environmental Damages or the presence of any Hazardous Materials that were not caused by prior to the date Landlord’s Initials Tenant’s Initials Tenant or any Tenant Partyaccepts possession of the Premises, in the event any legal requirement or governmental entity requires the Premises to be inspected, tested, remediated, tested or surveyed for the presence of any Hazardous MaterialsMaterials prior to or during Tenant’s occupancy of the Premises, Landlord, at its sole cost and expense, shall promptly perform such activities required under applicable law to restore the Premises to a condition substantially similar to the condition existing on the Commencement Date of this Lease, notwithstanding any lesser standards allowed under applicable law or governmental policiesactivities.

Obligation to Indemnify, Defend, and Hold Harmless. Tenant and its successors, assigns and guarantors, agrees agreed to indemnify, defend, reimburse, and hold harmless (a) Landlord and its agents, successors and assigns, (b) any other person who acquires a portion of the Premises in any manner, including but not limited to the purchase, at a foreclosure sale or otherwise through the exercise of the rights and remedies of Landlord under this agreement, and (c) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns, and invitees of such persons, from and against any and all Environmental Damages arising from the presence of Hazardous Materials used, stored, disposed of or brought upon, about, or beneath the Premises by Tenant, or Tenant’s agents, contractors, vendors or invitees (collectively the “Tenant Parties”) or any such Hazardous Materials migrating from the Premises, or arising in any manner as a result of the Tenant Parties' ’ violation of any Environmental Requirements and the Tenant Parties’ activities thereon, unless to the extent such Environmental Damages exist as a direct result of the negligence or willful misconduct of Landlord. Tenant’s obligation hereunder shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Landlord), conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons and to remediate the Premises pursuant to Section 26.4 below. Landlord at its sole expense may employ additional counsel of its choice to associate with counsel representing Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall in no event be held liable or responsible (including without limitation, for the removal or encapsulation thereof) for, and Landlord indemnifies and holds Tenant and Tenant Parties harmless for (a) any Environmental Damages not caused by Tenant or any Tenant Party, and (b) the presence of, or exposure to, any Hazardous Material not caused Materials migrating from the Premises or introduced by existing in or upon the Premises prior to the date Tenant or any Tenant Partyaccepts possession of the same. Landlord’s Initials Tenant’s and LandlordInitials Tenant’s obligations hereunder shall survive the expiration or earlier termination of this Lease, the discharge of all other obligations owned by the parties to each other, and any transfer of title to the Premises (whether by sale, foreclosure, deed in lieu of foreclosure or otherwise). The obligations of Tenant under this paragraph shall not apply to any Environmental Damages, the violation of any Environmental Requirements or the presence of any Hazardous Material to the extent that such condition or event arose or existed prior to the effective date of this Lease, migrated onto the Premises prior to or after the effective date of this Lease through no violation of Environmental Requirements by Tenant or its agents, or was not caused by Tenant, Tenant’s agents, employees or invitees. Subject to the terms of Section 17.4 of this Lease above, as As a result of any pre-existing Environmental Damages or the presence of any Hazardous Materials that were not caused by prior to the date Tenant or any Tenant Partyaccepts possession of the Premises, in the event any legal requirement or governmental entity requires the Premises to be inspected, tested, remediated, tested or surveyed for the presence of any Hazardous MaterialsMaterials prior to or during Tenant’s occupancy of the Premises, Landlord, at its sole cost and expense, shall promptly perform such activities required under applicable law to restore the Premises to a condition substantially similar to the condition existing on the Commencement Date of this Lease, notwithstanding any lesser standards allowed under applicable law or governmental policiesactivities.

Obligation to Indemnify, Defend, and Hold Harmless. Tenant and its successors, assigns and guarantors, agrees agreed to indemnify, defend, reimburse, and hold harmless (a) Landlord and its agents, successors and assigns, (b) any other person who acquires a portion of the Premises in any manner, including but not limited to the purchase, at a foreclosure sale or otherwise through the exercise of the rights and remedies of Landlord under this agreement, and (c) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns, and invitees of such persons, from and against any and all Environmental Damages arising from the presence of Hazardous Materials used, stored, disposed of or brought upon, about, or beneath the Premises by Tenant, or Tenant’s agents, contractors, vendors or invitees (collectively the “Tenant Parties”) or any such Hazardous Materials migrating from the Premises, or arising in any manner as a result of the Tenant Parties' ’ violation of any Environmental Requirements and the Tenant Parties’ activities thereon, unless to the extent such Environmental Damages exist as a direct result of the negligence or willful misconduct of Landlord. Tenant’s obligation hereunder shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Landlord), conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons and to remediate the Premises pursuant to Section 26.4 below. Landlord at its sole expense may employ additional counsel of its choice to associate with counsel representing Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall in no event be held liable or responsible (including without limitation, for the removal or encapsulation thereof) for, and Landlord indemnifies and holds Tenant and Tenant Parties harmless for (a) any Environmental Damages not caused by Tenant or any Tenant Party, and (b) the presence of, or exposure to, any Hazardous Material not caused Materials migrating from the Premises or introduced by existing in or upon the Premises prior to the date Tenant or any Tenant Partyaccepts possession of the same. Tenant’s and Landlord’s obligations hereunder shall survive the expiration or earlier termination of this Lease, the discharge of all other obligations owned by the parties to each other, and any transfer of title to the Premises (whether by sale, foreclosure, deed in lieu of foreclosure or otherwise). The obligations of Tenant under this paragraph shall not apply to any Environmental Damages, the violation of any Environmental Requirements or the presence of any Hazardous Material to the extent that such condition or event arose or existed prior to the effective date of this Lease, migrated onto the Premises prior to or after the effective date of this Lease through no violation of Environmental Requirements by Tenant or its agents, or was not caused by Tenant, Tenant’s agents, employees or invitees. Subject to the terms of Section 17.4 of this Lease above, as As a result of any pre-existing Environmental Damages or the presence of any Hazardous Materials that were not caused by prior to the date Tenant or any Tenant Partyaccepts possession of the Premises, in the event any legal requirement or governmental entity requires the Premises to be inspected, tested, remediated, tested or surveyed for the presence of any Hazardous MaterialsMaterials prior to or during Tenant’s occupancy of the Premises, Landlord, at its sole cost and expense, shall promptly perform such activities required under applicable law to restore the Premises to a condition substantially similar to the condition existing on the Commencement Date of this Lease, notwithstanding any lesser standards allowed under applicable law or governmental policiesactivities.

Obligation to Indemnify, Defend, and Hold Harmless. Tenant and its successors, assigns assigns, and guarantors, agrees agreed to indemnify, defend, reimburse, and hold harmless (a) Landlord and its agents, successors and assigns, (b) any other person who acquires a portion of the Premises in any manner, including but not limited to the purchase, at a foreclosure sale or Landlord’s Initials Tenant’s Initials otherwise through the exercise of the rights and remedies of Landlord under this agreement, and (c) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns, and invitees of such persons, from and against any and all Environmental Damages arising from the presence of Hazardous Materials used, stored, disposed of or brought upon, about, or beneath the Premises by Tenant, or Tenant’s agents, contractors, vendors or invitees (collectively the “Tenant Parties”) or any such Hazardous Materials migrating from the Premises, or arising in any manner as a result of the Tenant Parties' ’ violation of any Environmental Requirements and the Tenant Parties’ activities thereon, unless to the extent such Environmental Damages exist as a direct result of the negligence or willful misconduct of Landlord. Landlord and its successors and assigns, agree to indemnify, defend, reimburse, and hold harmless (a) Tenant and its agents, successors and assigns, directors, officers, shareholders, employees, partners, agents, contractors and invitees of such persons, from and against any and all Environmental Damages arising from (i) the presence of Hazardous Materials used, stored, disposed of or brought upon, about, or beneath the Premises on or before the Commencement Date or (ii) which are caused by the negligence or willful misconduct of Landlord, or Landlord’s agents, contractors, or vendors. Tenant’s obligation and Landlord’s obligations hereunder shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Landlord), conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons and to remediate the Premises pursuant to Section 26.4 below. Landlord at its own sole expense may employ additional counsel of its choice to associate with counsel representing Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall in no event be held liable or responsible (including without limitation, for the removal or encapsulation thereof) for, and Landlord indemnifies and holds Tenant and Tenant Parties harmless for (a) any Environmental Damages not caused by Tenant or any Tenant Party, and (b) the presence of, or exposure to, any Hazardous Material not caused Materials migrating from the Premises or introduced by existing in or upon the Premises prior to the date Tenant or any Tenant Partyaccepts possession of the same. Tenant’s and Landlord’s obligations hereunder hereunder, as applicable, shall survive the expiration or earlier termination of this Lease, the discharge of all other obligations owned by the parties to each other, and any transfer of title to the Premises (whether by sale, foreclosure, deed in lieu of foreclosure or otherwise). The obligations of Tenant under this paragraph shall not apply to any Environmental Damages, the violation of any Environmental Requirements or the presence of any Hazardous Material to the extent that such condition or event was not caused by Tenant, Tenant’s agents, employees arose or invitees. Subject existed prior to the terms of Section 17.4 effective date of this Lease above, as Lease. As a result of any pre-existing Environmental Damages or the presence of any Hazardous Materials that were not caused by prior to the date Tenant or any Tenant Partyaccepts possession of the Premises, in the event any legal requirement or governmental entity requires the Premises to be inspected, tested, remediated, tested or surveyed for the presence of any Hazardous MaterialsMaterials prior to or during Tenant’s occupancy of the Premises, Landlord, at its sole cost and expense, shall promptly perform such activities required under applicable law to restore the Premises to a condition substantially similar to the condition existing on the Commencement Date of this Lease, notwithstanding any lesser standards allowed under applicable law or governmental policiesactivities.