Common use of Tenant’s Environmental Indemnity Clause in Contracts

Tenant’s Environmental Indemnity. Tenant does hereby indemnify, defend and hold harmless Landlord and its agents and their respective officers, directors, beneficiaries, lenders, shareholders, partners, agents and employees and their respective successors and assigns from all fines, suits, procedures, claims liabilities, damages (including consequential damages) and actions of every kind, and all costs associated therewith (including reasonable attorneys’, experts’ and consultants’ fees and costs of testing) arising out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs or is caused during the Term of this Lease, at or from the Premises, or which arises at any time from (i) Tenant’s failure to provide all information, make all submissions, and take all steps required by all applicable governmental authorities; (ii) any Hazardous Materials on, in, under or affecting all or any portion of the Premises or the groundwater as a result of events that took place during the Term of this Lease; (iii) any violation by Tenant or claim of a violation by Tenant of any governmental law, statute, rule, regulation, ordinance, requirement, decree, order or judgment now or hereafter in effect relating to public health, safety, protection of the environment or any Hazardous Material; (iv) the imposition of any lien for damages caused by, or the recovery of any costs for, the remediation cleanup of Hazardous Materials as a result of events that took place during the Term of this Lease; (v) costs of removal of any and all Hazardous Material from all or any portion of the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; (vi) costs incurred to comply, in connection with all or any portion of the Premises, with all governmental regulations with respect to Hazardous Materials on, in, under or affecting the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; or (vii) any spills, discharges. leaks, escapes, releases, dumping, transportation, storage, treatment or disposal of any Hazardous Materials which occurs during the Term of this Lease, but only to the extent that such Hazardous Materials originated from or were or are located on the Premises. Tenant’s obligations and liabilities under this Article XXXI shall survive the expiration of this Lease. Notwithstanding the foregoing, Tenant shall not be responsible for the gross negligence and willful misconduct of Landlord, its affiliates and their employees.

Appears in 7 contracts

Samples: Lease Agreement, Industrial Building Lease (Bway Corp), Industrial Building Lease (Bway Corp)

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Tenant’s Environmental Indemnity. Tenant does hereby indemnify, defend agrees to indemnify Landlord and hold Landlord harmless Landlord from and its agents against any and their respective officersall losses, directors, beneficiaries, lenders, shareholders, partners, agents and employees and their respective successors and assigns from all fines, suits, procedures, claims liabilities, damages damages, injuries (including consequential damagesincluding, without limitation, attorneys' fees and expenses) and actions claims of any and every kindkind whatsoever paid, and all costs associated therewith incurred or suffered by, or asserted against Landlord for, with respect to, or as a result of (including reasonable attorneys’a) the presence on, experts’ and consultants’ fees and costs or under, or the escape, spillage, emission or release from the Premises of testing) arising out of or any Hazardous Material, in any way connected such case, caused by Tenant or any third party whose presence on the Premises is authorized by Tenant, (b) the violation of any Environmental Laws relating to or affecting the Premises or Development Site, caused by Tenant, or any third party whose presence on the Premises is authorized by Tenant, or (c) the failure by Tenant to comply fully with any deposit, spill, discharge or other release the terms and provisions of Hazardous Materials that occurs or is caused during the Term this paragraph. For purposes of this Lease, at or from the PremisesHazardous Material" means and includes petroleum products, or which arises at any time from (i) Tenant’s failure to provide all informationflammable explosives, make all submissionsradioactive materials, and take all steps required by all applicable governmental authorities; (ii) any Hazardous Materials on, in, under or affecting all asbestos or any portion of material containing asbestos, and/or any hazardous, toxic or dangerous waste, substance or material defined as such in (or for the Premises or the groundwater as a result of events that took place during the Term of this Lease; (iii) any violation by Tenant or claim of a violation by Tenant of any governmental law, statute, rule, regulation, ordinance, requirement, decree, order or judgment now or hereafter in effect relating to public health, safety, protection of the environment or any Hazardous Material; (ivpurposes of) the imposition of any lien for damages caused by, or Environmental Laws. For the recovery of any costs for, the remediation cleanup of Hazardous Materials as a result of events that took place during the Term of this Lease; (v) costs of removal of any and all Hazardous Material from all or any portion of the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; (vi) costs incurred to comply, in connection with all or any portion of the Premises, with all governmental regulations with respect to Hazardous Materials on, in, under or affecting the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; or (vii) any spills, discharges. leaks, escapes, releases, dumping, transportation, storage, treatment or disposal of any Hazardous Materials which occurs during the Term purposes of this Lease, but only to "Environmental Laws" means the extent that such Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Materials originated from Transportation Act, the Resource Conservation and Recovery Act, or were any other federal, state or are located on the Premiseslocal law, regulation, decree, regulating, relating to or imposing liability concerning any petroleum products, any flammable explosives, radioactive materials, asbestos or any material containing asbestos, and/or hazardous, toxic or dangerous waste, substance or material, as may now or at any time hereafter be in effect. Tenant’s The obligations and liabilities of Tenant under this Article XXXI Section shall survive the expiration or termination of this Lease. Notwithstanding the foregoing, Tenant shall not be responsible for the gross negligence and willful misconduct of Landlord, its affiliates and their employeesLease only as to conditions existing prior to such expiration or termination.

Appears in 2 contracts

Samples: Lease (Atrium Corp), Lease (Atrium Corp)

Tenant’s Environmental Indemnity. Tenant does hereby indemnify, defend and hold harmless Landlord and its agents and their respective officers, directors, beneficiaries, lenders, shareholders, partners, agents and employees and their respective successors and assigns from all fines, suits, procedures, claims liabilities, damages (including consequential damages) and actions of every kind, and all costs associated therewith (including reasonable attorneys’, experts’ and consultants’ fees and costs of testing) arising out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs or is caused during the Term of this Lease, at or from the Premises, or which arises at any time from (i) Tenant’s failure to provide all information, make all submissions, and take all steps required by all applicable governmental authorities; (ii) any Hazardous Materials on, in, under or affecting all or any portion of the Premises or the groundwater as a result of events that took place during the Term of this Lease; (iii) any violation by Tenant or claim of a violation by Tenant of any an, governmental law, statute, rule, regulation, ordinance, requirement, decree, order or judgment now or hereafter in effect relating to public health, safety, protection of the environment or any Hazardous Material; (iv) the imposition of any lien for damages caused by, or the recovery of any costs for, the remediation cleanup of Hazardous Materials as a result of events that took place during the Term of this Lease; (v) costs of removal of any and all Hazardous Material from all or any portion of the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; (vi) costs incurred to comply, in connection with all or any portion of the Premises, with all governmental regulations with respect to Hazardous Materials on, in, under or affecting the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; or (vii) any spills, discharges. , leaks, escapes, releases, dumping, transportation, storage, treatment or disposal of any Hazardous Materials which occurs during the Term of this Lease, but only to the extent that such Hazardous Materials originated from or were or are located on the Premises. Tenant’s obligations and liabilities under this Article XXXI shall survive the expiration of this Lease. Notwithstanding the foregoing, Tenant shall not be responsible for the gross negligence and willful misconduct of Landlord, its affiliates and their employees.

Appears in 1 contract

Samples: Industrial Building Lease (Bway Corp)

Tenant’s Environmental Indemnity. Tenant does hereby indemnify, defend and hold harmless Landlord and its agents and their respective officers, directors, beneficiaries, lenders, shareholders, partners, agents and employees and their respective successors and assigns from all fines, suits, procedures, claims liabilities, damages (including consequential damages) and actions of every kind, and all costs associated therewith (including reasonable attorneys’, experts’ and consultants’ fees and costs of testing) arising out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs or is caused during the Term of this Lease, at or from the Premises, or which arises at any time from (i) Tenant’s failure to provide all information, make all submissions, and take all steps required by all applicable governmental authorities; (ii) any Hazardous Materials on, in, under or affecting all or any portion of the Premises or the groundwater as a result of events that took place during the Term of this Lease; (iii) any violation by Tenant or claim of a violation by Tenant of any governmental law, statute, rule, regulation, ordinance, requirement, decree, order or judgment now or hereafter in effect relating to public health, safety, protection of the environment or any Hazardous Material; (iv) the imposition of any lien for damages caused by, or the recovery of any costs for, the remediation cleanup of Hazardous Materials as a result of events that took place during the Term of this Lease; (v) costs of removal of any and all Hazardous Material from all or any portion of the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; (vi) costs incurred to comply, in connection with all or any portion of the Premises, with all governmental regulations with respect to Hazardous Materials on, in, under or affecting the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; or (vii) any spills, discharges. , leaks, escapes, releases, dumping, transportation, storage, treatment or disposal of any Hazardous Materials which occurs during the Term of this Lease, but only to the extent that such Hazardous Materials originated from or were or are located on the Premises. Tenant’s obligations and liabilities under this Article XXXI shall survive the expiration of this Lease. Notwithstanding the foregoing, Tenant shall not be responsible for the gross negligence and willful misconduct of Landlord, its affiliates and their employees.

Appears in 1 contract

Samples: Industrial Building Lease (Phoenix Container, Inc.)

Tenant’s Environmental Indemnity. Tenant does hereby -------------------------------- indemnify, defend and hold harmless Landlord and its agents and their respective officers, directors, beneficiaries, lenders, shareholders, partners, agents and employees and their respective successors and assigns from all fines, suits, procedures, claims liabilities, damages (including consequential damages) and actions of every kind, and all costs associated therewith (including reasonable attorneys', experts' and consultants' fees and costs of testing) arising out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs or is caused in whole or in part during the Term of this Lease, at or from the PremisesPremises and/or the Project (except any deposit, spill, discharge or other release caused by Landlord or any other tenant of the Project), or which arises at any time from (i) Tenant’s 's failure to provide all information, make all submissions, and take all steps required by all applicable governmental authorities; (ii) any Hazardous Materials on, in, under or affecting all or any portion of the Premises and/or the Project or the groundwater as a result of events that took place during the Term of this LeaseLease (except any deposit, spill, discharge or other release caused by Landlord or any other tenant of the Project); (iii) any violation by Tenant or claim of a violation by Tenant of any governmental law, statute, rule, regulation, ordinance, requirement, decree, order or judgment now or hereafter in effect relating to public health, safety, protection of the environment or any Hazardous Material; (iv) the imposition of any lien for damages caused by, or the recovery of any costs for, the remediation cleanup of Hazardous Materials Material as a result of events that took place during the Term of this LeaseLease (except any deposit, spill, discharge or other release caused by Landlord or any other tenant of the Project); (v) costs of removal of any and all Hazardous Material from all or any portion of the PremisesPremises and/or the Project, which Hazardous Materials Material were placed on the Premises and/or the Project during the Term of this LeaseLease by Tenant or any officer, director, shareholder, partner, member, employee, agent, invitee, contractor, licensee, assignee, sublessee or successor of Tenant or anyone acting by, through or under any of the foregoing parties; (vi) costs incurred to comply, in connection with all or any portion of the PremisesPremises and/or the Project, with all governmental regulations with respect to Hazardous Materials on, in, under or affecting the PremisesPremises and/or the Project, which Hazardous Materials were placed on the Premises and/or the Project by Tenant or any officer, director, shareholder, partner, member, employee, agent, invitee, contractor, licensee, assignee, sublessee or successor of Tenant or anyone acting by, through or under any of the foregoing parties during the Term of this Lease; or (vii) any spills, discharges. , leaks, escapes, releases, dumping, transportation, storage, treatment or disposal of any Hazardous Materials Substances which occurs occur during the Term of this Lease, but only to the extent that such Hazardous Materials originated from or were or are located on the PremisesPremises and/or the Project and not caused by Landlord or any other tenant of the Project. Tenant’s 's obligations and liabilities under this Article XXXI XXX shall survive the expiration of this Lease. Notwithstanding the foregoing, Tenant shall not be responsible for the gross negligence and willful misconduct of Landlord, its affiliates and their employees.

Appears in 1 contract

Samples: Industrial Building Lease (Styrochem International Inc)

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Tenant’s Environmental Indemnity. Except as expressly limited below, Tenant does hereby indemnify, defend and hold harmless Landlord and its agents and their respective officers, directors, beneficiaries, lenders, shareholders, partners, agents and employees and their respective successors and assigns from all fines, suits, procedures, claims liabilities, damages (including consequential damages) and actions of every kind, and all costs associated therewith (including reasonable attorneys’, experts’ and consultants’ fees and costs of testing) arising out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs or is caused in whole or in part during the Term of this Lease, at or from the Premises, or which arises at any time from (i) Tenant’s failure to provide all information, make all submissions, and take all steps required by all applicable governmental authoritiesauthorities with respect to Environmental Laws; (ii) any Hazardous Materials on, in, under or affecting all or any portion of the Premises or the groundwater as a result of events that took place Tenant’s use or occupation of the Premises during the Term of this Lease; (iii) any violation by Tenant or claim of a violation by Tenant of any governmental law, statute, rule, regulation, ordinance, requirement, decree, order or judgment now or hereafter in effect relating to public health, safety, protection of the environment or any Hazardous MaterialEnvironmental Law; (iv) the imposition of any lien for damages caused by, or the recovery of any costs for, the remediation cleanup of Hazardous Materials Material as a result of events that took place during the Term of this LeaseLease and resulting from Tenant’s use or occupation of the Premises; (v) costs of removal of any and all Hazardous Material from all or any portion of the Premises, which Hazardous Materials Material were placed on the Premises during the Term of this LeaseLease by Tenant, its employees, agents, contractors, subtenants or invitees; (vi) costs incurred to comply, in connection with all or any portion of the Premises, with all governmental regulations with respect to Hazardous Materials on, in, under or affecting the Premises, which Hazardous Materials were placed on the Premises during the Term of this LeaseLease by Tenant, its employees, agents, contractors, subtenants or invitees; or (vii) any spills, discharges. , leaks, escapes, releases, dumping, transportation, storage, treatment or disposal of any Hazardous Materials Substances which occurs occur during the Term of this Lease, but only to the extent that such Hazardous Materials originated from or were or are located on the PremisesPremises as a result of the actions of Tenant, its employees, agents, contractors or invitees. Tenant’s obligations and liabilities under this Article XXXI Paragraph 22(C) shall survive the expiration of this Lease. Notwithstanding The indemnities set forth in this paragraph shall in no event extend to events caused by Landlord or any other tenant of the foregoingBuilding, Tenant shall not be responsible for the gross negligence and willful misconduct or any of Landlordtheir respective agents, its affiliates and their employees, contractors, subtenants or invitees.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

Tenant’s Environmental Indemnity. Tenant does hereby indemnify, defend and hold harmless Landlord and its agents and their respective officers, directors, beneficiaries, lenders, shareholders, partners, agents and employees and their respective successors and assigns from all fines, suits, procedures, claims liabilities, damages (including consequential damages) and actions of every kind, and all ail costs associated therewith (including reasonable attorneys’, experts’ and consultants’ fees and costs of testing) arising out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs or is caused during the Term of this Lease, at or from the Premises, or which arises at any time from (i) Tenant’s failure to provide all information, make all submissions, and take all steps required by all applicable governmental authorities; (ii) any Hazardous Materials on, in, under or affecting all or any portion of the Premises or the groundwater as a result of events that took place during the Term of this Lease; (iii) any violation by Tenant or claim of a violation by Tenant of any governmental law, statute, rule, regulation, ordinance, requirement, decree, order or judgment now or hereafter in effect relating to public health, safety, protection of the environment or any Hazardous Material; (iv) the imposition of any lien for damages caused by, or the recovery of any costs for, the remediation cleanup of Hazardous Materials as a result of events that took place during the Term of this Lease; (v) costs of removal of any and all Hazardous Material from all or any portion of the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; (vi) costs incurred to comply, in connection with all or any portion of the Premises, with all governmental regulations with respect to Hazardous Materials on, in, under or affecting the Premises, which Hazardous Materials were placed on the Premises during the Term of this Lease; or (vii) any spills, discharges. , leaks, escapes, releases, dumping, transportation, storage, treatment or disposal of any Hazardous Materials which occurs during the Term of this Lease, but only to the extent that such Hazardous Materials originated from or were or are located on the Premises. Tenant’s obligations and liabilities under this Article XXXI shall survive the expiration of this Lease. Notwithstanding the foregoing, Tenant shall not be responsible for the gross negligence and willful misconduct of Landlord, its affiliates and their employees.

Appears in 1 contract

Samples: Industrial Building Lease (Phoenix Container, Inc.)

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