Common use of Presence of Liens Clause in Contracts

Presence of Liens. All liens imposed upon the Leased Property and charges imposed on any Indemnitee in favor of any governmental entity or any person as a result of the presence, disposal, release or threat of release of Hazardous Substances at, on, in, from or under the Leased Property. If the matter that is the subject of a claim for indemnification by any Indemnitee pursuant to this Section 18.10 arises or is in connection with a claim, suit or demand filed by a third party, Tenant shall be entitled to defend against such Claim with counsel reasonably satisfactory to the applicable Indemnitee(s). The Indemnitee(s) may continue to employ counsel of its own, but such costs shall be borne by the Indemnitee(s) as long as Tenant continues to so defend. With respect to such Claims arising from third parties (A) if an Indemnitee declines to accept a bona fide offer of settlement that is recommended by Tenant, which settlement includes a full and complete release of such Indemnitee from the subject Claim, the maximum liability of Tenant arising from such claim shall not exceed that amount for which it would have been liable had such settlement been accepted, and (B) if an Indemnitee settles the subject Claim without the consent of Tenant, the maximum liability of Tenant under this Section arising from such Claim shall not exceed the fair and reasonable settlement value of such Claim.

Presence of Liens. All liens imposed upon the any Leased Property and charges imposed on any Indemnitee in favor of any governmental entity or any person as a result of the presence, disposal, release or threat of release of Hazardous Substances at, on, in, from or under the any Leased Property. If the matter that is the subject of a claim for indemnification by any Indemnitee pursuant to this Section 18.10 arises or is in connection with a claim, suit or demand filed by a third party, Tenant shall be entitled to defend against such Claim with counsel reasonably satisfactory to the applicable Indemnitee(s). The Indemnitee(s) may continue to employ counsel of its own, but such costs shall be borne by the Indemnitee(s) as long as Tenant continues to so defend. With respect to such Claims arising from third parties (A) if an Indemnitee declines to accept a bona fide offer of settlement that is recommended by Tenant, which settlement includes a full and complete release of such Indemnitee from the subject Claim, the maximum liability of Tenant arising from such claim shall not exceed that amount for which it would have been liable had such settlement been accepted, and (B) if an Indemnitee settles the subject Claim without the consent of Tenant, the maximum liability of Tenant under this Section arising from such Claim shall not exceed the fair and reasonable settlement value of such Claim.

Presence of Liens. All liens imposed upon the any Leased Property and charges imposed on any Indemnitee in favor of any governmental entity or any person as a result of the presence, disposal, release or threat of release of Hazardous Substances at, on, in, from or under the any Leased Property. If the matter that is the subject of a claim for indemnification by any Indemnitee pursuant to this Section 18.10 arises or is in connection with a claim, suit or demand filed by a third party, Tenant shall be entitled to defend against such Claim with counsel reasonably satisfactory to the applicable Indemnitee(s). The Indemnitee(s) may continue to employ counsel of its own, but such costs shall be borne by the Indemnitee(s) as long as Tenant continues to so defend. With respect to such Claims arising from third parties (A) if an Indemnitee declines to accept a bona fide offer of settlement that is recommended by Tenant, which settlement includes a full and complete release of such Indemnitee from the subject Claim, the maximum liability of Tenant arising from such claim shall not exceed that amount for which it would have been liable had such settlement been accepted, and (B) if an Indemnitee settles the subject Claim without the consent of Tenant, the maximum liability of Tenant under this Section arising from such Claim shall not exceed the fair and reasonable settlement value of such Claim, determined by a third-party expert retained by Tenant and approved by Landlord, which approval shall not be unreasonably withheld.