Common use of Tenant’s Environmental Indemnification Clause in Contracts

Tenant’s Environmental Indemnification. Tenant shall indemnify, defend, and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultation fees, and expert fees) which arise before, or during, the term of the Lease as a result of Hazardous Materials (provided, however, that Tenant represents that, based on the environmental information in Tenant’s files, there are no known Pre-Existing Environmental Conditions on the date of this Lease, and, based on such information, the possibility of such a Pre-Existing Environmental Condition is remote). This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation or site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Materials present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are recommended by environmental consultants of Tenant and are necessary to return the Premises to the condition required by the appropriate governmental authority; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises. Should Tenant obtain a “no further action” closure letter or similar evidence of the completion of remediation from the applicable State environmental agency (an “NFA Letter”) Tenant shall have no obligation to further remediate the Premises, but Tenant shall continue to indemnify, defend and hold harmless Landlord from any claims, judgments, damages, penalties, fines, costs, liabilities, or losses as more particularly set forth in the beginning of this paragraph. Notwithstanding the foregoing, as more particularly provided for in Section 4.6(b), upon the end of the Lease Term, should Tenant obtain an NFA Letter, Tenant’s indemnity obligations under this subsection shall be modified as more particularly set forth in Section 4.6(b).

Tenant’s Environmental Indemnification. Tenant shall indemnify, defend, and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultation fees, and expert fees) which arise before, or during, during the term of the Lease as a result of Hazardous Materials (provided, however, that Tenant represents that, that based on the environmental information in Tenant’s files, there are no known Pre-Existing Environmental Conditions on the date of this Lease, and, and based on such information, the possibility of such a Pre-Existing Environmental Condition is remote). This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation or site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Materials present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are recommended by environmental consultants of hired by Tenant and are necessary to return the Premises to the condition required by the appropriate governmental authority; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises. Should Tenant obtain a “no further action” closure letter or similar evidence of the completion of remediation from the applicable State environmental agency [*** insert TCEQ or Oklahoma Corporate Commission ***] (an “NFA Letter”) Tenant shall have no obligation to further remediate the Premises, but Tenant shall continue to indemnify, defend and hold harmless Landlord from for any claims, judgments, damages, penalties, fines, costs, liabilities, or losses as more particularly set forth in the beginning of this paragraph. Notwithstanding the foregoing, as more particularly provided for in Section 4.6(b4.7(b), upon the end of the Lease Term, should Tenant obtain an NFA Letter, Tenant’s indemnity obligations under this subsection shall be modified as more particularly set forth in Section 4.6(b4.7(b).

Tenant’s Environmental Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord, If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Tenant’s Hazardous Materials on the property results in contamination of the property or any adjacent property, or if contamination of the property or any adjacent property by Tenant’s Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costscost, liabilities, liabilities or losses (including, without limitation, diminution in value of the Premisesproperty, damages for the loss or restriction on use of rentable or usable unusable space or of any amenity or appurtenance of the Premisesproperty, damages arising from any adverse impact on marketing of building space of the Premisesor land area, and sums paid in settlement of claims, attorneys’ reasonable attorney’s fees, consultation feescourt cost , consultant fees and expert fees) which arise before, during or during, the term of after the Lease Term as a result of the contamination, provided that the Tenant shall not have any indemnification obligation for any Hazardous Materials (providedto the extent any such claim, however, that Tenant represents that, based injury or damage is attributable to any condition existing on the environmental information in Tenant’s files, there are no known Pre-Existing Environmental Conditions on demised Premises or Property as of the date of this Lease, and, based on such information, the possibility of such a Pre-Existing Environmental Condition is remote)commencement date. This indemnification of Landlord landlord by Tenant tenant includes, without limitation, costs incurred in connection with any investigation or of site conditions or any cleanupclean-up , remedialremedial work, removal, removal or restoration work required by any federalFederal, state, State or local governmental government agency or political subdivision because of Hazardous Materials present in the soil or ground water on or under the Premisesproperty. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises property (or any other adjacent property) caused or permitted by Tenant results in any contamination combination of the Premisesproperty, Tenant shall promptly take all actions at its Tenant’s sole expense as are recommended by environmental consultants of Tenant and are necessary to return the Premises property to the condition required by existing prior to the appropriate introduction of any such Tenant Hazardous Materials, or other such condition acceptable to the governmental authority; agency with jurisdiction thereof based on land use , provided that the Landlord’s approval of such actions shall is first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term withheld. The foregoing indemnity shall survive the expiration or short-term effect on the Premises. Should Tenant obtain a “no further action” closure letter or similar evidence of the completion of remediation from the applicable State environmental agency (an “NFA Letter”) Tenant shall have no obligation to further remediate the Premises, but Tenant shall continue to indemnify, defend and hold harmless Landlord from any claims, judgments, damages, penalties, fines, costs, liabilities, or losses as more particularly set forth in the beginning termination of this paragraph. Notwithstanding the foregoing, as more particularly provided for in Section 4.6(b), upon the end of the Lease Term, should Tenant obtain an NFA Letter, Tenant’s indemnity obligations under this subsection shall be modified as more particularly set forth in Section 4.6(b)Lease.

Tenant’s Environmental Indemnification. Tenant shall indemnify, defend, defend (with counsel acceptable to Landlord) and hold each Landlord Party harmless from any and all claims, demands, directives, requirements, orders, suits, judgments, damages, natural resources damage, injuries, fees, penalties, fines, costsassessments, liabilitiestaxes, costs (including without limitation, reasonable attorneys’ fees, consultant fees and expert fees), liabilities or losses asserted against or incurred by Landlord, which arise from: (includingi) Hazardous Materials present or Released in violation of Environmental Laws or in excess of applicable reporting standards at or from the Properties prior to or during the Term; (ii) any violation of Environmental Laws by Tenant with respect to the Properties prior to or during the Term; (iii) Tenant’s breach of its obligations, without limitationresponsibilities and undertakings in this Article; (iv) claims by a governmental entity or unaffiliated third-party or requirements of governmental entities arising out of Hazardous Materials present or Released at, on or from the Properties prior to or during the Lease Term; (v) only in the event the Properties can no longer be used for the Permitted Use, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity Properties arising as a sole and direct result of the Premises, damages arising from any adverse impact on marketing of space of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultation fees, and expert fees) which arise before, presence or during, the term of the Lease as a result Release of Hazardous Materials at the Properties prior to or during the Lease Term or the removal or remediation thereof; or (providedvi) only in the event and to the extent that the Properties cannot temporarily or permanently be used for the Permitted Use, howeverloss of rent at the Properties arising as a sole and direct result of the presence or Release of Hazardous Materials at the Properties prior to or during the Lease Term or the removal or remediation thereof, provided that Tenant represents Landlord proves that such rent was lost as a sole and direct result of such Release of Hazardous Materials and/or the removal or remediation thereof, and provided further that, based on with respect to (v) and (vi) above, Landlord shall have the environmental information in Tenant’s files, there are no known Pre-Existing obligation to reasonably mitigate such damages (hereinafter collectively referred to as “Environmental Conditions on the date of this Lease, and, based on such information, the possibility of such a Pre-Existing Environmental Condition is remoteLosses”). This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation or of site conditions or any cleanup, remedial, removal, removal or restoration work required by any federal, state, or local governmental agency or political subdivision Environmental Laws because of Hazardous Materials present in the soil or ground water on, under or emanating from the Properties arising from Hazardous Materials present or Released at, on or from the Properties prior to or during the Term. Provided that Tenant timely conducts a Termination Investigation (as defined below), Tenant’s obligations under this Section shall survive the Premises. Without limiting the foregoingexpiration or earlier termination of this Lease for a period of ten (10) years, if the presence of any Hazardous Materials on the Premises results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are recommended by environmental consultants of Tenant and are necessary to return the Premises to the condition required by the appropriate governmental authority; provided that LandlordTenant’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises. Should Tenant obtain a “no further action” closure letter or similar evidence of the completion of remediation from the applicable State environmental agency (an “NFA Letter”) Tenant shall have no obligation to further remediate the Premises, but Tenant obligations shall continue to indemnifysurvive with respect to (i) any claims for defense or indemnification by Landlord asserted hereunder against Tenant within such ten (10) year period; and (ii) any Environmental Losses (including without limitation, defend and hold harmless Landlord from any claims, judgmentsdemands, damagesdirectives, penalties, fines, costs, liabilitiesorders, or losses as more particularly set forth in the beginning of this paragraph. Notwithstanding the foregoing, as more particularly provided for in Section 4.6(b), upon the end of the Lease Term, should suits) asserted against or incurred by Tenant obtain an NFA Letter, Tenant’s indemnity obligations under this subsection shall be modified as more particularly set forth in Section 4.6(b)within such ten (10) year period.