Common use of Tenant’s Environmental Indemnification Clause in Contracts

Tenant’s Environmental Indemnification. (a) For purposes of the Tenant’s indemnification obligations, the Tenant agrees that it will comply with all Environmental Laws applicable to the Tenant, including those applicable to the use, storage, and handling of Hazardous Substances in, on, or about the Site. The Tenant agrees to indemnify and hold harmless the Landlord Indemnitee against and in respect of any and all damages, claims, losses, liabilities, and expenses (including, reasonable attorney, accounting, consulting, engineering, and other fees and expenses), which may be imposed upon, incurred by, or assessed against the Landlord Indemnitee by any other Person (including a Governmental Authority), arising out of, in connection with, or relating to the subject matter of: (i) the Tenant’s breach of the covenant set forth in this Section 9.2 or (ii) any discharge or release of Hazardous Substances on the Site or any violation of any Environmental Law with respect to the Site, in each case to the extent first occurring after the Ground Lease Commencement Date and caused by the Tenant’s construction, operations, and maintenance activities or facilities and not caused by the Landlord’s Activities or Landlord’s Improvements. (b) If Hazardous Substances become present or are discharged onto the Site in violation of applicable Environmental Laws as a result of the Tenant’s use or occupancy of the Site during the Term, the Tenant shall so notify the Landlord in writing promptly after the Tenant’s discovery thereof, and the Tenant shall have a reasonable period of time to undertake, at its own expense, such corrective measures as are necessary to remove such Hazardous Substances and to remediate such presence or discharge as required by applicable Environmental Laws or the requirements of the appropriate Governmental Authority. Notwithstanding any right of Tenant to temporarily store or discharge Hazardous Substances on or at the Site if in compliance with Environmental Laws, Tenant shall remove or remediate all Hazardous Substances located on or at the Site at the expiration or earlier termination of the Term. The Landlord shall have a reasonable right of participation in the removal or remediation activities, including the right to (i) receive copies of material reports, work plans and correspondence relating to the removal or remediation activities, (ii) the right to review and comment on draft reports and work plans (and all reasonable comments shall be accepted by the controlling Party), and (iii) advance notice of and the right to attend and participate in meetings with Governmental Authorities. This Section 9.2(b) shall not supersede or diminish the provisions or the Tenant’s obligations under Section 9.2(a).

Tenant’s Environmental Indemnification. (a) For purposes of the Tenant’s indemnification obligations, the Tenant agrees that it will comply with all Environmental Laws applicable to the Tenant, including those applicable to the use, storage, and handling of Hazardous Substances in, on, or about the Site. The Tenant agrees to indemnify and hold harmless the Landlord Indemnitee against and in respect of any and all damages, claims, losses, liabilities, and expenses (including, reasonable attorney, accounting, consulting, engineering, and other fees and expenses), which may be imposed upon, incurred by, or assessed against the Landlord Indemnitee by any other Person (including a Governmental Authority), arising out of, in connection with, or relating to the subject matter of: (i) the Tenant’s breach of the covenant set forth in this Section 9.2 or (ii) any discharge or release of Hazardous Substances on the Site or any violation of any Environmental Law with respect to the Site, in each case to the extent first occurring after the Ground Lease Commencement Date and caused by the Tenant’s construction, operations, and maintenance activities or facilities use of the Site and not caused by the Landlord’s Activities or Landlord’s Improvements. (b) If Hazardous Substances become present or are discharged onto the Site in violation of applicable Environmental Laws as a result of the Tenant’s use or occupancy of the Site during the Term, the Tenant shall so notify the Landlord in writing promptly after the Tenant’s discovery thereof, and the Tenant shall have a reasonable period of time to undertake, at its own expense, such corrective measures as are necessary to remove such Hazardous Substances and to remediate such presence or discharge as required by applicable Environmental Laws or the requirements of the appropriate Governmental Authority. Notwithstanding any right of Tenant to temporarily store or discharge Hazardous Substances on or at the Site if in compliance with Environmental Laws, Tenant shall remove or remediate all Hazardous Substances located on or at the Site at the expiration or earlier termination of the Term. The Landlord shall have a reasonable right of participation in the removal or remediation activities, including the right to (i) receive copies of material reports, work plans and correspondence relating to the removal or remediation activities, (ii) the right to review and comment on draft reports and work plans (and all reasonable comments shall be accepted by the controlling Party), and (iii) advance notice of and the right to attend and participate in meetings with Governmental Authorities. This Section 9.2(b) shall not supersede or diminish the provisions or the Tenant’s obligations under Section 9.2(a).

Tenant’s Environmental Indemnification. (a) For purposes of the Tenant’s indemnification obligationsTenant shall indemnify, the Tenant agrees that it will comply with all Environmental Laws applicable to the Tenant, including those applicable to the use, storagedefend, and handling of Hazardous Substances in, on, or about the Site. The Tenant agrees to indemnify and hold Landlord harmless the Landlord Indemnitee against and in respect of from any and all claims, judgments, damages, claimspenalties, lossesfines, costs, liabilities, and expenses or losses (including, reasonable attorneywithout limitation, accountingdiminution in value of the Premises, consultingdamages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, engineeringdamages arising from any adverse impact on marketing of space of the Premises, and other fees sums paid in settlement of claims, attorneys’ fees, consultation fees, and expenses), expert fees) which may be imposed upon, incurred byarise before, or assessed against during the Landlord Indemnitee by any other Person (including a Governmental Authority), arising out of, in connection with, or relating to the subject matter of: (i) the Tenant’s breach term of the covenant set forth in this Section 9.2 or (ii) any discharge or release of Hazardous Substances on the Site or any violation of any Environmental Law with respect to the Site, in each case to the extent first occurring after the Ground Lease Commencement Date and caused by the Tenant’s construction, operations, and maintenance activities or facilities and not caused by the Landlord’s Activities or Landlord’s Improvements. (b) If Hazardous Substances become present or are discharged onto the Site in violation of applicable Environmental Laws as a result of Hazardous Materials (provided, however, that Tenant represents that based on the environmental information in Tenant’s use 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 occupancy 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 Site during the TermPremises, the Tenant shall promptly take all actions at its sole expense as are recommended by environmental consultants 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 notify long as such actions would not potentially have any material adverse long-term or short-term effect on the Landlord in writing promptly after Premises. Should Tenant obtain a “no further action” closure letter or similar evidence of the Tenant’s discovery thereof, and the completion of remediation from [*** insert TCEQ or Oklahoma Corporate Commission ***] (an “NFA Letter”) Tenant shall have a reasonable period no obligation to further remediate the Premises, but Tenant shall continue to indemnify, defend and hold harmless Landlord for any claims, judgments, damages, penalties, fines, costs, liabilities, or losses as more particularly set forth in the beginning of time to undertakethis paragraph. Notwithstanding the foregoing, at its own expenseas more particularly provided for in Section 4.7(b), such corrective measures as are necessary to remove such Hazardous Substances and to remediate such presence or discharge as required by applicable Environmental Laws or upon the requirements end of the appropriate Governmental Authority. Notwithstanding any right of Lease Term, should Tenant to temporarily store or discharge Hazardous Substances on or at the Site if in compliance with Environmental Lawsobtain an NFA Letter, Tenant shall remove or remediate all Hazardous Substances located on or at the Site at the expiration or earlier termination of the Term. The Landlord shall have a reasonable right of participation in the removal or remediation activities, including the right to (i) receive copies of material reports, work plans and correspondence relating to the removal or remediation activities, (ii) the right to review and comment on draft reports and work plans (and all reasonable comments Tenant’s indemnity obligations under this subsection shall be accepted by the controlling Party), and (iii) advance notice of and the right to attend and participate modified as more particularly set forth in meetings with Governmental Authorities. This Section 9.2(b) shall not supersede or diminish the provisions or the Tenant’s obligations under Section 9.2(a4.7(b).

Tenant’s Environmental Indemnification. (a) For purposes of the Tenant’s indemnification obligationsTenant shall indemnify, the Tenant agrees that it will comply with all Environmental Laws applicable to the Tenant, including those applicable to the use, storagedefend, and handling of Hazardous Substances in, on, or about the Site. The Tenant agrees to indemnify and hold Landlord harmless the Landlord Indemnitee against and in respect of from any and all claims, judgments, damages, claimspenalties, lossesfines, costs, liabilities, and expenses or losses (including, reasonable attorneywithout limitation, accountingdiminution in value of the Premises, consultingdamages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, engineeringdamages arising from any adverse impact on marketing of space of the Premises, and other fees sums paid in settlement of claims, attorneys’ fees, consultation fees, and expenses), expert fees) which may be imposed upon, incurred byarise before, or assessed against during, the Landlord Indemnitee by any other Person (including a Governmental Authority), arising out of, in connection with, or relating to the subject matter of: (i) the Tenant’s breach term of the covenant set forth in this Section 9.2 or (ii) any discharge or release of Hazardous Substances on the Site or any violation of any Environmental Law with respect to the Site, in each case to the extent first occurring after the Ground Lease Commencement Date and caused by the Tenant’s construction, operations, and maintenance activities or facilities and not caused by the Landlord’s Activities or Landlord’s Improvements. (b) If Hazardous Substances become present or are discharged onto the Site in violation of applicable Environmental Laws as a result of Hazardous Materials (provided, however, that Tenant represents that, based on the environmental information in Tenant’s use 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 occupancy 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 Site during the TermPremises, the 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 notify long as such actions would not potentially have any material adverse long-term or short-term effect on the Landlord in writing promptly after Premises. Should Tenant obtain a “no further action” closure letter or similar evidence of the Tenant’s discovery thereof, and completion of remediation from the applicable State environmental agency (an “NFA Letter”) Tenant shall have a reasonable period 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 time to undertakethis paragraph. Notwithstanding the foregoing, at its own expenseas more particularly provided for in Section 4.6(b), such corrective measures as are necessary to remove such Hazardous Substances and to remediate such presence or discharge as required by applicable Environmental Laws or upon the requirements end of the appropriate Governmental Authority. Notwithstanding any right of Lease Term, should Tenant to temporarily store or discharge Hazardous Substances on or at the Site if in compliance with Environmental Lawsobtain an NFA Letter, Tenant shall remove or remediate all Hazardous Substances located on or at the Site at the expiration or earlier termination of the Term. The Landlord shall have a reasonable right of participation in the removal or remediation activities, including the right to (i) receive copies of material reports, work plans and correspondence relating to the removal or remediation activities, (ii) the right to review and comment on draft reports and work plans (and all reasonable comments Tenant’s indemnity obligations under this subsection shall be accepted by the controlling Party), and (iii) advance notice of and the right to attend and participate modified as more particularly set forth in meetings with Governmental Authorities. This Section 9.2(b) shall not supersede or diminish the provisions or the Tenant’s obligations under Section 9.2(a4.6(b).

Tenant’s Environmental Indemnification. (a) For purposes of the Tenant’s indemnification obligationsTenant shall not cause or permit any Hazardous Materials to be brought upon, the Tenant agrees that it will comply with all Environmental Laws applicable to the Tenant, including those applicable to the use, storage, and handling of Hazardous Substances in, on, kept or used in or about the Site. The property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord, If Tenant agrees 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 indemnify Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless the Landlord Indemnitee against and in respect of from any and all claims, judgments, damages, claimspenalties, lossesfines, liabilitiescost, and expenses liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or unusable space or of any amenity or appurtenance of the property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorney’s fees, accountingcourt cost , consulting, engineering, and other consultant fees and expenses), expert fees) which may be imposed upon, incurred by, arise during or assessed against the Landlord Indemnitee by any other Person (including a Governmental Authority), arising out of, in connection with, or relating to the subject matter of: (i) the Tenant’s breach of the covenant set forth in this Section 9.2 or (ii) any discharge or release of Hazardous Substances on the Site or any violation of any Environmental Law with respect to the Site, in each case to the extent first occurring after the Ground Lease Commencement Date and caused by the Tenant’s construction, operations, and maintenance activities or facilities and not caused by the Landlord’s Activities or Landlord’s Improvements. (b) If Hazardous Substances become present or are discharged onto the Site in violation of applicable Environmental Laws Term as a result of the Tenant’s use or occupancy of the Site during the Termcontamination, provided that the Tenant shall so notify not have any indemnification obligation for any Hazardous Materials to the Landlord extent any such claim, injury or damage is attributable to any condition existing on the demised Premises or Property as of the commencement date. This indemnification of landlord by tenant includes, without limitation, costs incurred in writing connection with any investigation of site conditions or any clean-up , remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the property. Without limiting the foregoing, if the presence of any Hazardous Materials on the property (or any other adjacent property) caused or permitted by Tenant results in any combination of the property, Tenant shall promptly after the take all actions at Tenant’s discovery thereof, and the Tenant shall have a reasonable period of time to undertake, at its own expense, such corrective measures sole expense as are necessary to remove return the property to the condition existing prior to the introduction of any such Tenant Hazardous Substances and Materials, or other such condition acceptable to remediate the governmental agency with jurisdiction thereof based on land use , provided the Landlord’s approval of such presence or discharge as required by applicable Environmental Laws or the requirements of the appropriate Governmental Authorityactions is first obtained, which approval shall not be unreasonably withheld. Notwithstanding any right of Tenant to temporarily store or discharge Hazardous Substances on or at the Site if in compliance with Environmental Laws, Tenant The foregoing indemnity shall remove or remediate all Hazardous Substances located on or at the Site at survive the expiration or earlier termination of the Term. The Landlord shall have a reasonable right of participation in the removal or remediation activities, including the right to (i) receive copies of material reports, work plans and correspondence relating to the removal or remediation activities, (ii) the right to review and comment on draft reports and work plans (and all reasonable comments shall be accepted by the controlling Party), and (iii) advance notice of and the right to attend and participate in meetings with Governmental Authorities. This Section 9.2(b) shall not supersede or diminish the provisions or the Tenant’s obligations under Section 9.2(a)this Lease.

Tenant’s Environmental Indemnification. Tenant shall indemnify, defend (awith counsel acceptable to Landlord) For purposes of the Tenant’s indemnification obligations, the Tenant agrees that it will comply with all Environmental Laws applicable to the Tenant, including those applicable to the use, storage, and handling of Hazardous Substances in, on, or about the Site. The Tenant agrees to indemnify and hold each Landlord Party harmless the Landlord Indemnitee against and in respect of from any and all claims, demands, directives, requirements, orders, suits, judgments, damages, claimsnatural resources damage, lossesinjuries, liabilitiesfees, and expenses penalties, fines, assessments, taxes, costs (includingincluding without limitation, reasonable attorneyattorneys’ fees, accounting, consulting, engineering, and other consultant fees and expensesexpert fees), liabilities or losses asserted against or incurred by Landlord, which may be imposed upon, incurred by, or assessed against the Landlord Indemnitee by any other Person (including a Governmental Authority), arising out of, in connection with, or relating to the subject matter ofarise from: (i) 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 the covenant set forth its obligations, responsibilities and undertakings in this Section 9.2 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 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; or (iivi) any discharge only in the event and to the extent that the Properties cannot temporarily or release permanently be used for the Permitted Use, loss of rent at the Properties arising as a sole and direct result of the presence or Release of Hazardous Substances on Materials at the Site Properties prior to or any violation during the Lease Term or the removal or remediation thereof, provided that Landlord proves that such rent was lost as a sole and direct result of any Environmental Law such Release of Hazardous Materials and/or the removal or remediation thereof, and provided further that, with respect to (v) and (vi) above, Landlord shall have the Siteobligation to reasonably mitigate such damages (hereinafter collectively referred to as “Environmental Losses”). This indemnification of Landlord by Tenant includes, without limitation, costs incurred in each case to connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by Environmental Laws because of Hazardous Materials present in the extent first occurring after soil or ground water on, under or emanating from the Ground Lease Commencement Date and caused by the Tenant’s construction, operations, and maintenance activities or facilities and not caused by the Landlord’s Activities or Landlord’s Improvements. (b) If Properties arising from Hazardous Substances become Materials present or are discharged onto Released at, on or from the Site in violation of applicable Environmental Laws as a result of the Tenant’s use Properties prior to or occupancy of the Site during the Term. Provided that Tenant timely conducts a Termination Investigation (as defined below), the Tenant shall so notify the Landlord in writing promptly after the Tenant’s discovery thereof, and the Tenant obligations under this Section shall have a reasonable period of time to undertake, at its own expense, such corrective measures as are necessary to remove such Hazardous Substances and to remediate such presence or discharge as required by applicable Environmental Laws or the requirements of the appropriate Governmental Authority. Notwithstanding any right of Tenant to temporarily store or discharge Hazardous Substances on or at the Site if in compliance with Environmental Laws, Tenant shall remove or remediate all Hazardous Substances located on or at the Site at survive the expiration or earlier termination of the Term. The Landlord this Lease for a period of ten (10) years, provided that Tenant’s obligations shall have a reasonable right of participation in the removal or remediation activities, including the right continue to survive with respect to (i) receive copies of material reports, work plans any claims for defense or indemnification by Landlord asserted hereunder against Tenant within such ten (10) year period; and correspondence relating to the removal or remediation activities, (ii) the right to review and comment on draft reports and work plans any Environmental Losses (and all reasonable comments shall be accepted including without limitation, any claims, demands, directives, orders, or suits) asserted against or incurred by the controlling Party), and Tenant within such ten (iii10) advance notice of and the right to attend and participate in meetings with Governmental Authorities. This Section 9.2(b) shall not supersede or diminish the provisions or the Tenant’s obligations under Section 9.2(a)year period.