Common use of Tenant’s Environmental Indemnity Clause in Contracts

Tenant’s Environmental Indemnity. Tenant shall protect, indemnify, defend (with counsel satisfactory to Landlord) and hold harmless Landlord and its directors, officers, partners, employees, agents, lenders, and ground lessees, if any, and their respective successors and assigns for, from and against any and all losses, damages, claims, costs, expenses, penalties, fines and liabilities of any kind (including, without limitation, the cost of any investigation, remediation and cleanup, and attorneys' fees) which are attributable to (i) any Environmental Activity on the Premises undertaken or committed by Tenant or Tenant's Agents or caused by the negligence of such persons during the Term of this Lease, (ii) any remedial or clean-up work undertaken by or for Tenant in connection with Tenant's Environmental Activities or Tenant's compliance with Environmental Laws, or (iii) the breach by Tenant of any of its obligations and covenants set forth in this paragraph 19. Landlord shall have the right but not the obligation to join and participate in, and control, if it so elects, any legal proceedings initiated in connection with the Environmental Activities of Tenant or Tenant's Agents. Landlord may also negotiate, defend, approve and appeal any action taken or issued by any applicable governmental authority with regard to contamination of the Premises or Project by a Hazardous Material. Any costs or expenses incurred by Landlord for which Tenant is responsible under this paragraph 19 or for which Tenant has indemnified Landlord shall be reimbursed by Tenant on demand, as additional rent and with interest thereon, as provided by subparagraph 17(d) of this Lease. This indemnity shall survive the termination of this Lease.

Tenant’s Environmental Indemnity. Tenant shall protect, indemnify, defend (with counsel satisfactory to Landlord) protect and hold harmless Landlord and its each of Landlord’s partners, directors, officers, partners, employees, agents, lenders, and ground lessees, if any, and their respective successors and assigns forassigns, from and against any and all lossesliens, damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, expenses, penalties, fines and liabilities disbursements or expenses of any kind (including, without limitation, the cost or of any investigationnature whatsoever (including reasonable attorney’s fees, remediation consultant’s fees and cleanupexpert’s fees and disbursements and other costs of litigation) for the death of or injury to any person or damage to any property, or adverse effects on the environment, which may at any time be imposed upon, incurred by or asserted or awarded against Landlord and attorneys' fees) which are attributable to arising by, from or out of, or caused by, directly or indirectly: (i) the unlawful production, storage, use or disposal of any Environmental Activity on Regulated Substances on, in or under the Premises undertaken or committed any part thereof, or from the Premises and affecting any surrounding areas, which Regulated Substances are shown to have been produced, stored or used on or disposed from the Premises by Tenant or Tenant's Agents or caused by the negligence of such persons during the Term period of this Lease, except contamination for which Landlord has agreed to indemnify Tenant pursuant to this Article XIV; (ii) the violation of any remedial Environmental Laws during the Lease Term by Tenant or clean-up work undertaken a Tenant Party, unless such violation is caused by Landlord, its representatives, subcontractors or for Tenant in connection with Tenant's Environmental Activities or Tenant's compliance with Environmental Laws, or other agents; (iii) the breach failure of Tenant to comply fully with the terms and conditions of this Article XIV; (iv) the enforcement of this Article XIV, or the unsuccessful assertion by Tenant of any of defense to its obligations hereunder; and covenants set forth in this paragraph 19. Landlord shall have (v) the right but not costs of removal of any and all such Regulated Substances, to the obligation to join and participate in, and control, if it so elects, any legal proceedings initiated in connection with extent required by the Environmental Activities of Tenant Laws, from all or Tenant's Agents. Landlord may also negotiate, defend, approve and appeal any action taken or issued by any applicable governmental authority with regard to contamination portion of the Premises or Project any surrounding areas, or costs reasonably incurred to monitor, to the extent required by the Environmental Laws, the presence or to prevent the further discharge or release of said Regulated Substances, to the extent the existence and presence of such Regulated Substances exceeds those amounts disclosed in the Environmental Report; and (vi) reasonable costs incurred to cure any default caused by the failure of Tenant to comply with any Environmental Law which is the responsibility of Tenant hereunder in connection with all or any portion of the Premises; provided that Tenant received written notice of the violation and the action required to remediate the same, and Tenant failed to take action to prevent or remediate the violation within a Hazardous Materialreasonable time thereafter. Any costs or expenses incurred by Landlord for which The obligations of Tenant is responsible under this paragraph 19 or for which Tenant has indemnified Landlord shall be reimbursed by Tenant on demand, as additional rent and with interest thereon, as provided by subparagraph 17(d) of this Lease. This indemnity hereunder shall survive the expiration of the Lease Term and the termination of this LeaseLease for a period of two (2) years. The indemnification obligations of Tenant created by this Article XIV shall be in addition to the indemnification obligations set forth elsewhere in this Lease or provided by applicable law.

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in Section 19.1 above, or, if any act or omission or negligence of Tenant or any of Tenant’s Agents or Tenant’s Invitees results in any spilling, leaking, pumping, pouring, emitting, discharging, injecting, escaping, leeching or dumping (“Release”) of Hazardous Material in, on, under or about the Premises or the Property, without limiting Tenant's general Indemnity contained in Section 15.2 above, Tenant, on behalf of itself and Tenant’s Agents, shall protect, indemnify, defend (with counsel satisfactory to Landlord) and hold harmless Landlord and its directors, officers, partners, employees, agents, lendersIndemnify the Indemnified Parties, and ground lessees, if any, and their respective successors and assigns foreach of them, from and against any and all lossesenforcement, damagesinvestigation, claimsremediation or other governmental or regulatory actions, costsagreements or orders threatened, expensesinstituted or completed pursuant to any Environmental Laws together with any and all Losses made or threatened by any third party against Landlord, penaltiesLandlord’s Agents, fines and liabilities or the Premises, relating to damage, contribution, cost recovery compensation, loss or injury resulting from the presence, Release or discharge of any kind (Hazardous Materials, including, without limitation, Losses based in common law, investigation and remediation costs, fines, natural resource damages, damages for decrease in value of the cost Premises, the loss or restriction of the use or any investigation, remediation and cleanup, amenity of the Premises and attorneys' feesfees and consultants' fees and experts' fees and costs (“Hazardous Materials Claims”) which are attributable arising during or after the Term of this Lease and relating to (i) any Environmental Activity on such Release. The foregoing Indemnity includes, without limitation, all costs associated with the investigation and remediation of Hazardous Material and with the restoration of the Premises undertaken or committed the Property to its prior condition including, without limitation, fines and penalties imposed by regulatory agencies, natural resource damages and losses, and revegetation of the Premises or other Landlord property. Without limiting the foregoing, if Tenant or any of Tenant's Agents or caused by Tenant’s Invitees, causes or permits the negligence of such persons during the Term of this Lease, (ii) any remedial or clean-up work undertaken by or for Tenant in connection with Tenant's Environmental Activities or Tenant's compliance with Environmental Laws, or (iii) the breach by Tenant Release of any of its obligations and covenants set forth in this paragraph 19. Landlord shall have the right but not the obligation to join and participate Hazardous Materials in, and controlon, if it so elects, any legal proceedings initiated in connection with the Environmental Activities of Tenant under or Tenant's Agents. Landlord may also negotiate, defend, approve and appeal any action taken or issued by any applicable governmental authority with regard to contamination of about the Premises or Project by the Property, Tenant shall, immediately, at no expense to Landlord, take any and all appropriate actions to return the Premises or other Landlord property affected thereby to the condition existing prior to such Release and otherwise investigate and remediate the Release in accordance with all Environmental Laws. Tenant shall provide Landlord with written notice of and afford Landlord a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, permit, approvals, or other compromise or proceeding involving Hazardous Material. Any costs or expenses incurred by Landlord for which Tenant is responsible under this paragraph 19 or for which Tenant has indemnified Landlord shall be reimbursed by Tenant on demand, as additional rent and with interest thereon, as provided by subparagraph 17(d) of this Lease. This indemnity shall survive the termination of this Lease.

Tenant’s Environmental Indemnity. Tenant shall agrees to protect, indemnify, defend (with counsel satisfactory to Landlord) defend, reimburse and hold harmless (i) Landlord; (ii) any other person who acquires an interest in this Agreement whether by an assignment of Landlord's interest in this Agreement or otherwise; (iii) any other person who acquires all or a portion of the Premises at a foreclosure sale or by a conveyance in lieu of foreclosure or otherwise through the exercise of the rights and remedies of Landlord under this Agreement; and its (iv) the principals, members, directors, officers, partners, shareholders, employees, agentssuccessors, lendersassigns, and ground lessees, if any, invitees of such persons listed in Section 10.07(i) through 10.07(iii) above (any and their respective successors and assigns for, all of which are referred to in this Section 10.07 as "Indemnitee") from and against any and all lossesloss, damagescost, claimspenalty, costsfine, liability, damage, or expenses (including without limitation attorney's fees, court costs and litigation expenses), penalties, fines and liabilities arising out of or resulting from or in any way connected with (a) the presence of any kind Materials of Environmental Concern in, at, on, under or about the Premises caused by Tenant's use of the Premises after the date hereof; (including, without limitation, the cost of any investigation, remediation and cleanup, and attorneys' fees) which are attributable to (ib) any Environmental Activity on conducted after the Premises undertaken or committed date hereof by Tenant or Tenant's Agents or caused by any other party for whom Tenant is legally responsible on the negligence of such persons during the Term of this Lease, Premises; (iic) any remedial or clean-up work undertaken by or for Tenant in connection with Tenant's Environmental Activities or Tenant's compliance with Environmental Laws, or (iii) the breach by Tenant violation of any of its obligations and covenants set forth in this paragraph 19. Landlord shall have Environmental Laws pertaining to the right but not the obligation to join and participate in, and control, if it so elects, any legal proceedings initiated in connection with the Environmental Activities of Tenant or Tenant's Agents. Landlord may also negotiate, defend, approve and appeal any action taken or issued by any applicable governmental authority with regard to contamination condition of the Premises or Project any Environmental Activity thereon to the extent caused by a Hazardous Material. Any costs Tenant or expenses incurred caused by Landlord anyone else duly acting on behalf of Tenant or for which whom Tenant is responsible under responsible; or (d) any valid or meritorious claim, demand or cause of action, brought or served against any Indemnitee which directly or indirectly relates to, arises from or out of, or is based upon any of the matters described in this paragraph 19 or for Article 10, which Tenant has indemnified Landlord shall be reimbursed are caused by Tenant on demand, as additional rent and with interest thereon, as provided by subparagraph 17(d) Tenant's use of this Leasethe Premises. This indemnity obligation shall survive the expiration or earlier termination of this LeaseAgreement, the discharge of all other obligations owed by the parties to each other, and transfer of title to the Premises whether by sale, exchange, foreclosure, deed in lieu of foreclosure or otherwise.

Tenant’s Environmental Indemnity. Tenant shall protect, indemnifyhereby agrees to save, defend (with counsel reasonably satisfactory to Landlord) , indemnify and hold harmless Landlord and its directors, officers, partners, employees, agents, lenders, and ground lessees, if any, and their respective successors and assigns forIndemnitees, from and against any and all claims, losses, liabilities, damages, claims, costs, expenses, penalties, fines and liabilities expenses (including reasonable consultant and contractor costs and attorneys’ fees arising under this indemnity) arising from: (i) the presence of any kind Regulated Substances at, on, under, or emanating from the Premises in violation, or alleged to be in violation, of any Environmental Laws caused by any intentional or unintentional action or omission of Tenant; (ii) any Release of Regulated Substances at, on, under, or from the Premises caused by any intentional or unintentional action or omission of Tenant, its invitees, contractors, and agents; (iii) any actions or omissions of Tenant resulting in an increase in the nature or scope of Regulated Substances present at, on, under or emanating from the Premises prior to the Commencement Date (but only to the extent of such increase in nature or scope); (iv) operations of Tenant that result in exceedances or other non-compliance of any Permit held by Landlord; (v) Tenant’s construction activities (including, without limitation, activities related to the cost Approved Exterior Improvements) that result in a Release of Regulated Substances at or from any investigation, property or alleged violation of Environmental Laws; (vi) any investigation or remediation of soil or groundwater undertaken by Tenant voluntarily and cleanup, not required by Environmental Law and attorneys' feesthis Lease; and (vii) which losses of and claims against Landlord resulting from Tenant’s failure to comply with the provisions of this Section 23. In the event the Premises are subject to a lien due to any Environmental Matters attributable to the actions or inactions of Tenant, its directors, officers, employees, agents and other representatives, Tenant shall within thirty (i30) days take any Environmental Activity on the Premises undertaken or committed by Tenant or Tenant's Agents or caused by the negligence and all action necessary to cause such lien to be discharged of such persons during the Term of this Lease, (ii) any remedial or clean-up work undertaken by or for Tenant in connection with Tenant's Environmental Activities or Tenant's compliance with Environmental Laws, or (iii) the breach by Tenant of any of its obligations and covenants set forth in this paragraph 19. Landlord shall have the right but not the obligation to join and participate in, and control, if it so elects, any legal proceedings initiated in connection with the Environmental Activities of Tenant or Tenant's Agents. Landlord may also negotiate, defend, approve and appeal any action taken or issued by any applicable governmental authority with regard to contamination of the Premises or Project by a Hazardous Material. Any costs or expenses incurred by Landlord for which Tenant is responsible under this paragraph 19 or for which Tenant has indemnified Landlord shall be reimbursed by Tenant on demand, as additional rent and with interest thereon, as provided by subparagraph 17(d) of this Lease. This indemnity shall survive the termination of this Leaserecord.

Tenant’s Environmental Indemnity. Tenant shall protect, indemnify, defend (with counsel satisfactory to Landlord) defend, and hold harmless Landlord and its directorsLandlord, officers, partners, employees, agents, lenders, and ground lessees, if anythe manager of the Center, and their respective successors officers, directors, beneficiaries, shareholders, partners, agents and assigns foremployees from all fines, from suits, procedures, claims and against any actions of every kind, and all lossescosts associated therewith (including attorneys’ and consultants’ fees) arising out of or in any way connected with any deposit, damagesspill, claimsdischarge, costs, expenses, penalties, fines and liabilities or other release of any kind (including, without limitation, Hazardous Materials that occurs at or from the cost of any investigation, remediation and cleanupPremises or Center, and attorneys' fees) which are attributable to (i) arises at any Environmental Activity on time from Tenant’s use or occupancy of the Premises undertaken or committed by Tenant or Tenant's Agents or caused by the negligence of such persons during the Term of this Lease, (ii) any remedial or clean-up work undertaken from Tenant’s failure to provide all information, make all submissions, and take all steps required by or for all Governmental Authorities under the Laws and all other Environmental Laws. Except to the extent caused by Landlord’s breach of its covenant in Section 10.6 above, Tenant in connection shall at Tenant’s own cost and expense, timely comply with all applicable, rules, requirements, orders, directives, ordinances and regulations arising from Tenant's Environmental Activities or Tenant's compliance with ’s use and occupancy of the Premises, including but not limited to the Environmental Laws, or (iii) the breach by Tenant of any of its obligations and covenants set forth in this paragraph 19. Landlord shall have the right but not the obligation to join and participate in, and control, if it so elects, any legal proceedings initiated in connection with the Environmental Activities of Tenant or Tenant's Agents. Landlord may also negotiateindemnify, defend, approve save and appeal hold harmless Landlord, its directors, officers, agents and employees from and against any action taken or issued and all claims, demands, losses and liabilities (including reasonable attorneys’ fees) resulting from any violation of the Environmental Laws when caused by any applicable governmental authority Tenant’s use and occupancy of the Premises. Tenant’s obligation to comply with regard this Subsection D. shall be limited to contamination restoration of the Premises (or Project by a Hazardous Material. Any costs to the extent Tenant’s activities on the Premises or expenses incurred by Landlord for which Tenant is responsible under this paragraph 19 or for which Tenant has indemnified Landlord shall be reimbursed by Tenant on demandat the Center affects the Center, the Center) to their condition as additional rent existed at the Commencement Date, reasonable wear and with interest thereon, as provided by subparagraph 17(d) of this Lease. This indemnity shall survive the termination of this Leasetear excepted.

Tenant’s Environmental Indemnity. If Tenant shall protectbreaches any of its obligations contained in this Section, indemnifyor if any act, defend (with counsel satisfactory to Landlord) and hold harmless Landlord omission or negligence of Tenant or any of its Agents or Invitees results in any contamination of the Premises or any other part of the Property or in a Release of Hazardous Material from, on, about, in, or beneath any part of the Premises or the Property or the violation of any Environmental Law, then in any such event Tenant, on behalf of itself and its directorssuccessors and assigns, officersshall Indemnify City, partners, employees, agents, lenders, its Agents and ground lessees, if anyInvitees, and their respective successors and assigns forassigns, and each of them, from and against any and all losses, damages, claims, costs, expenses, penalties, fines and liabilities of any kind Claims (including, without limitation, damages for decrease in value of the cost Premises or the Property, the loss or restriction of the use of rentable or usable space or of any investigationamenity of the Premises or the Property and sums paid in settlement of claims, remediation and cleanup, and attorneys' fees, consultants' fees and experts' fees) which are attributable to (i) any Environmental Activity on the Premises undertaken arising during or committed by Tenant or Tenant's Agents or caused by the negligence of such persons during after the Term of this LeaseLease relating to such Release or violation of Environmental Laws; provided, (ii) however, Tenant shall not be liable for any remedial Claims to the extent such Release was caused by the active negligence or clean-up work undertaken by willful misconduct of City or for Tenant its Agents. The foregoing Indemnity includes, without limitation, costs incurred in connection with any activities required to Investigate and Remediate any Hazardous Material brought onto the Premises or the Property by Tenant or any of its Agents or Invitees and to restore the Property to its condition prior to Tenant's introduction of such Hazardous Material or the correction of any violation of Environmental Activities Laws. Tenant specifically acknowledges and agrees that it has an immediate and independent obligation to defend City and the other Indemnified Parties from any claim which actually or Tenant's compliance potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to Tenant by City and continues at all times thereafter. Without limiting the foregoing, if Tenant or any of its Agents or Invitees cause the Release of any Hazardous Material on , about, in, or beneath the Premises or Property, then in any such event Tenant shall, immediately, at no expense to City, take any and all necessary actions to return the Premises or the Property, as applicable, to the condition existing prior to the Release of any such Hazardous Materials on the Property or otherwise xxxxx the Release in accordance with all Environmental Laws, except to the extent such Release was caused by the active negligence of City or (iii) the breach by Tenant of any of its obligations and covenants set forth in this paragraph 19. Landlord shall have the right but not the obligation to join and participate in, and control, if it so elects, any legal proceedings initiated in connection with the Environmental Activities of Tenant or Tenant's Agents. Landlord may also negotiateTenant shall afford City a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, defendcleanup or abatement agreement, approve and appeal any action taken consent decree, or issued by any applicable governmental authority with regard to contamination of the Premises other compromise or Project by a proceeding involving Hazardous Material. Any costs or expenses incurred by Landlord for which Tenant is responsible under this paragraph 19 or for which Tenant has indemnified Landlord shall be reimbursed by Tenant on demand, as additional rent and with interest thereon, as provided by subparagraph 17(d) of this Lease. This indemnity shall survive the termination of this Lease.Material.‌

Tenant’s Environmental Indemnity. If Tenant shall protectbreaches any of its obligations contained in this Section, indemnifyor if any act, defend (with counsel satisfactory to Landlord) and hold harmless Landlord omission or negligence of Tenant or any of its Agents or Invitees results in any contamination of the Premises or any other part of the Property or in a Release of Hazardous Material from, on, about, in, or beneath any part of the Premises or the Property or the violation of any Environmental Law, then in any such event Tenant, on behalf of itself and its directorssuccessors and assigns, officersshall Indemnify Authority, partners, employees, agents, lenders, its Agents and ground lessees, if anyInvitees, and their respective successors and assigns forassigns, and each of them, from and against any and all losses, damages, claims, costs, expenses, penalties, fines and liabilities of any kind Claims (including, without limitation, damages for decrease in value of the cost Premises or the Property, the loss or restriction of the use of rentable or usable space or of any investigationamenity of the Premises or the Property and sums paid in settlement of claims, remediation and cleanup, and attorneys' fees, consultants' fees and experts' fees) which are attributable to (i) any Environmental Activity on the Premises undertaken arising during or committed by Tenant or Tenant's Agents or caused by the negligence of such persons during after the Term of this LeaseLease relating to such Release or violation of Environmental Laws; provided, (ii) however, Tenant shall not be liable for any remedial Claims to the extent such Release was caused by the active negligence or clean-up work undertaken by willful misconduct of Authority or for Tenant its Agents. The foregoing Indemnity includes, without limitation, costs incurred in connection with any activities required to Investigate and Remediate any Hazardous Material brought onto the Premises or the Property by Tenant or any of its Agents or Invitees and to restore the Property to its condition prior to Tenant's introduction of such Hazardous Material or the correction of any violation of Environmental Activities Laws. Tenant specifically acknowledges and agrees that it has an immediate and independent obligation to defend Authority and the other Indemnified Parties from any claim which actually or Tenant's compliance potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to Tenant by Authority and continues at all times thereafter. Without limiting the foregoing, if Tenant or any of its Agents or Invitees cause the Release of any Hazardous Material on , about, in, or beneath the Premises or Property, then in any such event Tenant shall, immediately, at no expense to Authority, take any and all necessary actions to return the Premises or the Property, as applicable, to the condition existing prior to the Release of any such Hazardous Materials on the Property or otherwise xxxxx the Release in accordance with all Environmental Laws, except to the extent such Release was caused by the active negligence of Authority or (iii) the breach by Tenant of any of its obligations and covenants set forth in this paragraph 19. Landlord shall have the right but not the obligation to join and participate in, and control, if it so elects, any legal proceedings initiated in connection with the Environmental Activities of Tenant or Tenant's Agents. Landlord may also negotiateTenant shall afford Authority a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, defendcleanup or abatement agreement, approve and appeal any action taken consent decree, or issued by any applicable governmental authority with regard to contamination of the Premises other compromise or Project by a proceeding involving Hazardous Material. Any costs or expenses incurred by Landlord for which Tenant is responsible under this paragraph 19 or for which Tenant has indemnified Landlord shall be reimbursed by Tenant on demand, as additional rent and with interest thereon, as provided by subparagraph 17(d) of this Lease. This indemnity shall survive the termination of this Lease.