Common use of Tenant’s Environmental Indemnity Clause in Contracts

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this Section, or, if any act or omission of Tenant, its Agents, or its Invitees results in any Release of Hazardous Material in, on, under, or about the Premises or any other part of the Property in violation of any applicable Environmental Laws then, without limiting Tenant’s Indemnity contained in Section 18.2 (Tenant’s Indemnity), on behalf of itself and its successors and assigns, Tenant will Indemnify the Indemnified Parties, and each of them, from and against all Claims (including damages for decrease in value of the Premises or the Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, and sums paid in settlement of claims, attorneys’ fees, consultants’ fees, and experts’ fees and costs) arising during or after the Term and relating to the Release. The foregoing indemnity includes costs incurred in connection with activities undertaken to Investigate and Remediate Hazardous Material and to restore the Property to its prior condition, fines, and penalties assessed for the violation of any applicable Environmental Laws, and any natural resource damages. Without limiting the foregoing, if Tenant or any of its Agents or Invitees causes or permits the Release of any Hazardous Materials in, on, under, or about the Premises, Common Areas, or any other part of the Property, Tenant will immediately and at no expense to City take all appropriate actions to return the Premises or the Property affected by the Release to the condition existing before the Release and otherwise Investigate and Remediate the Release in accordance with all Environmental Laws. Tenant expressly acknowledges that Tenant has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, and this obligation arises at the time the claim is tendered to Tenant by City and continues at all times thereafter. Tenant will afford City a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material.

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this Section, or, if any act or omission of Tenant, its AgentsAgents or Invitees, or its Invitees results in any Release of Hazardous Material in, on, under, under or about the Premises or any other part of the Property in violation of any applicable Environmental Laws Laws, then, without limiting Tenant’s Indemnity contained in Section 18.2 (Tenant’s Indemnity)18.2, Tenant shall, on behalf of itself and its successors and assigns, Tenant will Indemnify the Indemnified Parties, and each of them, from and against all Claims (including including, without limitation, damages for decrease in value of the Premises or the Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, Property and sums paid in settlement of claims, attorneys’ fees, consultants’ fees, fees and experts’ fees and costs) arising during or after the Term of this Lease and relating to the such Release. The foregoing indemnity includes Indemnity includes, without limitation, costs incurred in connection with activities undertaken to Investigate and Remediate Hazardous Material and to restore the Property to its prior condition, fines, fines and penalties assessed for the violation of any applicable Environmental Laws, and any natural resource damages. Without limiting the foregoing, if Tenant or any of its Agents or Invitees Invitees, causes or permits the Release of any Hazardous Materials in, on, under, under or about the Premises, Common Areas, Premises or any other part of the Property, Tenant will shall immediately and at no expense to City County take any and all appropriate actions to return the Premises or the Property affected by the Release thereby to the condition existing before the prior to such Release and otherwise Investigate and Remediate the Release in accordance with all Environmental Laws. Tenant expressly specifically acknowledges and agrees that Tenant it has an immediate and independent obligation to defend City the County from any claim which actually or potentially falls within this indemnity provision even if the such allegation is or may be groundless, fraudulent, fraudulent or false, and this which obligation arises at the time the such claim is tendered to Tenant by City the County and continues at all times thereafter. Tenant will shall afford City County a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material.

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this Section, or, if any act or omission of Tenant, its Agents, or its Invitees results in any Release of Hazardous Material in, on, under, or about the Premises or any other part of the Property in violation of any applicable Environmental Laws Laws, including Chapter 36 of the San Francisco Building Code then, without limiting Tenant’s Indemnity contained in Section 18.2 ([Tenant’s Indemnity)] above, on behalf of itself and its successors and assigns, Tenant will Indemnify the Indemnified Parties, and each of them, from and against all Claims (including damages for decrease in value of the Premises or the Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, and sums paid in settlement of claims, attorneys’ fees, consultants’ fees, and experts’ fees and costs) arising during or after the Term and relating to the Release. The foregoing indemnity Indemnity includes costs incurred in connection with activities undertaken to Investigate and Remediate Hazardous Material and to restore the Property to its prior condition, fines, fines and penalties assessed for the violation of any applicable Environmental Laws, and any natural resource damages. Without limiting the foregoing, if Tenant or any of its Agents or Invitees causes or permits the Release of any Hazardous Materials in, on, under, or about the Premises, Common Areas, Premises or any other part of the Property, Tenant will immediately and at no expense to City take all appropriate actions to return the Premises or the Property affected by the Release to the condition existing before the Release and otherwise Investigate and Remediate the Release in accordance with all Environmental Laws. Tenant expressly acknowledges that Tenant has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, and this obligation arises at the time the claim is tendered to Tenant by City and continues at all times thereafter. Tenant will afford City a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material.

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this Section, or, if any act or omission of Tenant, its AgentsAgents or Invitees, or its Invitees results in any Release of Hazardous Material in, on, under, under or about the Premises or any other part of the Property in violation of any applicable Environmental Laws Laws, then, without limiting Tenant’s Indemnity contained in Section 18.2 (Tenant’s Indemnity)8.4, Tenant shall, on behalf of itself and its successors and assigns, Tenant will Indemnify the Indemnified Parties, and each of them, from and against all Claims (including damages for decrease in value of the Premises or the Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, and sums paid in settlement of claims, attorneys’ fees, consultants’ fees, and experts’ fees and costs) arising during or after the Term of this Lease and relating to the such Release. The foregoing indemnity includes includes, without limitation, costs incurred in connection with activities undertaken to Investigate and Remediate Hazardous Material and to restore the Property to its prior condition, fines, fines and penalties assessed for the violation of any applicable Environmental Laws, and any natural resource damages. Without limiting the foregoing, if Tenant or any of its Agents or Invitees Invitees, causes or permits the Release of any Hazardous Materials in, on, under, under or about the Premises, Common Areas, Premises or any other part of the Property, Tenant will shall immediately and at no expense to City Landlord take any and all appropriate actions to return the Premises or the Property affected by the Release thereby to the condition existing before the prior to such Release and otherwise Investigate and Remediate the Release in accordance with all Environmental Laws. Tenant expressly acknowledges that Tenant has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, and this obligation arises at the time the claim is tendered to Tenant by City and continues at all times thereafter. Tenant will shall afford City Landlord a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material.

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this Section, or, or if any act act, omission or omission negligence of Tenant, Tenant or any of its Agents, Agents or its Invitees results in any Release contamination of Hazardous Material in, on, under, or about 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 applicable Environmental Laws thenLaw, without limiting then in any such event Tenant’s Indemnity contained in Section 18.2 (Tenant’s Indemnity), on behalf of itself and its successors and assigns, Tenant will shall Indemnify the Indemnified PartiesAuthority, its Agents and Invitees, and their respective successors and assigns, and each of them, from and against any and all Claims (including including, without limitation, damages for decrease in value of the Premises or the Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, Property and sums paid in settlement of claims, attorneys’ ' fees, consultants’ fees, ' fees and experts’ fees and costs' fees) arising during or after the Term and of this Lease relating to such Release or violation of Environmental Laws; provided, however, Tenant shall not be liable for any Claims to the Releaseextent such Release was caused by the active negligence or willful misconduct of Authority or its Agents. The foregoing indemnity includes Indemnity includes, without limitation, costs incurred in connection with any activities undertaken 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 condition, fines, and penalties assessed for to Tenant's introduction of such Hazardous Material or the correction of any violation of any applicable Environmental Laws. Xxxxxx 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 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 any natural resource damagescontinues at all times thereafter. Without limiting the foregoing, if Tenant or any of its Agents or Invitees causes or permits cause the Release of any Hazardous Materials Material on , about, in, on, under, or about beneath the Premises, Common Areas, Premises or any other part of the Property, then in any such event Tenant will immediately and shall, immediately, at no expense to City Authority, take any and all appropriate necessary actions to return the Premises or the Property affected by the Release Property, as applicable, to the condition existing before prior to the Release and of any such Hazardous Materials on the Property or otherwise Investigate and Remediate xxxxx the Release in accordance with all Environmental Laws, except to the extent such Release was caused by the active negligence of Authority or its Agents. Tenant expressly acknowledges that Tenant has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, and this obligation arises at the time the claim is tendered to Tenant by City and continues at all times thereafter. Tenant will shall afford City Authority a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material.

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this SectionSection 19.1 above, or, if any act or omission or negligence of Tenant or any of Tenant, its Agents, ’s Agents or its Tenant’s Invitees results in any Release spilling, leaking, pumping, pouring, emitting, discharging, injecting, escaping, leeching or dumping (“Release”) of Hazardous Material in, on, under, under or about the Premises or any other part of the Property in violation of any applicable Environmental Laws thenProperty, without limiting Tenant’s 's general Indemnity contained in Section 18.2 (15.2 above, Tenant’s Indemnity), on behalf of itself and its successors and assignsTenant’s Agents, Tenant will shall Indemnify the Indemnified Parties, and each of them, from and against any and all Claims (including enforcement, investigation, remediation or other governmental or regulatory actions, agreements or orders threatened, instituted or completed pursuant to any Environmental Laws together with any and all Losses made or threatened by any third party against Landlord, Landlord’s Agents, or the Premises, relating to damage, contribution, cost recovery compensation, loss or injury resulting from the presence, Release or discharge of any 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 Premises or the PropertyPremises, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, and sums paid in settlement of claims, attorneys’ fees, ' fees and consultants’ fees, ' fees and experts’ ' fees and costscosts (“Hazardous Materials Claims”) arising during or after the Term of this Lease and relating to the such Release. The foregoing indemnity includes Indemnity includes, without limitation, all costs incurred in connection associated with activities undertaken to Investigate the investigation and Remediate remediation of Hazardous Material and to restore with the restoration of the Premises or the Property to its prior conditioncondition including, fineswithout limitation, fines and penalties imposed by regulatory agencies, natural resource damages and losses, and penalties assessed for revegetation of the violation of any applicable Environmental Laws, and any natural resource damagesPremises or other Landlord property. Without limiting the foregoing, if Tenant or any of its Tenant's Agents or Invitees Tenant’s Invitees, causes or permits the Release of any Hazardous Materials in, on, under, under or about the Premises, Common Areas, Premises or any other part of the Property, Tenant will immediately and shall, immediately, at no expense to City Landlord, take any and all appropriate actions to return the Premises or the Property other Landlord property affected by the Release thereby to the condition existing before the prior to such Release and otherwise Investigate investigate and Remediate remediate the Release in accordance with all Environmental Laws. Tenant expressly acknowledges that Tenant has an immediate shall provide Landlord with written notice of and independent obligation to defend City from any claim which actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, and this obligation arises at the time the claim is tendered to Tenant by City and continues at all times thereafter. Tenant will afford City 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.

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this Section, or, or if any act act, omission or omission negligence of Tenant, Tenant or any of its Agents, Agents or its Invitees results in any Release contamination of Hazardous Material in, on, under, or about 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 applicable Environmental Laws thenLaw, without limiting then in any such event Tenant’s Indemnity contained in Section 18.2 (Tenant’s Indemnity), on behalf of itself and its successors and assigns, Tenant will shall Indemnify the Indemnified PartiesAuthority, its Agents and Invitees, and their respective successors and assigns, and each of them, from and against any and all Claims (including including, without limitation, damages for decrease in value of the Premises or the Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, Property and sums paid in settlement of claims, attorneys’ ' fees, consultants’ fees, ' fees and experts’ fees and costs' fees) arising during or after the Term and of this Lease relating to such Release or violation of Environmental Laws; provided, however, Tenant shall not be liable for any Claims to the Releaseextent such Release was caused by the active negligence or willful misconduct of Authority or its Agents. The foregoing indemnity includes Indemnity includes, without limitation, costs incurred in connection with any activities undertaken 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 condition, fines, and penalties assessed for to Tenant's introduction of such Hazardous Material or the correction of any violation of any applicable Environmental 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 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 any natural resource damagescontinues at all times thereafter. Without limiting the foregoing, if Tenant or any of its Agents or Invitees causes or permits cause the Release of any Hazardous Materials Material on , about, in, on, under, or about beneath the Premises, Common Areas, Premises or any other part of the Property, then in any such event Tenant will immediately and shall, immediately, at no expense to City Authority, take any and all appropriate necessary actions to return the Premises or the Property affected by the Release Property, as applicable, to the condition existing before prior to the Release and of any such Hazardous Materials on the Property or otherwise Investigate and Remediate xxxxx the Release in accordance with all Environmental Laws, except to the extent such Release was caused by the active negligence of Authority or its Agents. Tenant expressly acknowledges that Tenant has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, and this obligation arises at the time the claim is tendered to Tenant by City and continues at all times thereafter. Tenant will shall afford City Authority a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material.

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this Section, or, or if any act act, omission or omission negligence of Tenant, Tenant or any of its Agents, Agents or its Invitees results in any Release contamination of Hazardous Material in, on, under, or about 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 applicable Environmental Laws thenLaw, without limiting then in any such event Tenant’s Indemnity contained in Section 18.2 (Tenant’s Indemnity), on behalf of itself and its successors and assigns, Tenant will shall Indemnify the Indemnified PartiesCity, its Agents and Invitees, and their respective successors and assigns, and each of them, from and against any and all Claims (including including, without limitation, damages for decrease in value of the Premises or the Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, Property and sums paid in settlement of claims, attorneys’ ' fees, consultants’ fees, ' fees and experts’ fees and costs' fees) arising during or after the Term and of this Lease relating to such Release or violation of Environmental Laws; provided, however, Tenant shall not be liable for any Claims to the Releaseextent such Release was caused by the active negligence or willful misconduct of City or its Agents. The foregoing indemnity includes Indemnity includes, without limitation, costs incurred in connection with any activities undertaken 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 condition, fines, and penalties assessed for to Tenant's introduction of such Hazardous Material or the correction of any violation of any applicable Environmental 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 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 any natural resource damagescontinues at all times thereafter. Without limiting the foregoing, if Tenant or any of its Agents or Invitees causes or permits cause the Release of any Hazardous Materials Material on , about, in, on, under, or about beneath the Premises, Common Areas, Premises or any other part of the Property, then in any such event Tenant will immediately and shall, immediately, at no expense to City City, take any and all appropriate necessary actions to return the Premises or the Property affected by the Release Property, as applicable, to the condition existing before prior to the Release and of any such Hazardous Materials on the Property or otherwise Investigate and Remediate xxxxx the Release in accordance with all Environmental Laws, except to the extent such Release was caused by the active negligence of City or its Agents. Tenant expressly acknowledges that Tenant has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, and this obligation arises at the time the claim is tendered to Tenant by City and continues at all times thereafter. Tenant will shall afford City a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material.Material.‌

Tenant’s Environmental Indemnity. If Tenant breaches any of its obligations contained in this Section, or, or if any act act, omission or omission negligence of Tenant, Tenant or any of its Agents, Agents or its Invitees results in any Release contamination of Hazardous Material in, on, under, or about 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 applicable Environmental Laws thenLaw, without limiting then in any such event Tenant’s Indemnity contained in Section 18.2 (Tenant’s Indemnity), on behalf of itself and its successors and assigns, Tenant will shall Indemnify the Indemnified PartiesCity, its Agents and Invitees, and their respective successors and assigns, and each of them, from and against any and all Claims (including including, without limitation, damages for decrease in value of the Premises or the Property, the loss or restriction of the use of rentable or usable space or of any amenity of the Premises or the Property, Property and sums paid in settlement of claims, attorneys’ ' fees, consultants’ fees, ' fees and experts’ fees and costs' fees) arising during or after the Term and of this Lease relating to such Release or violation of Environmental Laws; provided, however, Tenant shall not be liable for any Claims to the Releaseextent such Release was caused by the active negligence or willful misconduct of City or its Agents. The foregoing indemnity includes Indemnity includes, without limitation, costs incurred in connection with any activities undertaken 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 condition, fines, and penalties assessed for to Tenant's introduction of such Hazardous Material or the correction of any violation of any applicable Environmental Laws. Xxxxxx 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 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 any natural resource damagescontinues at all times thereafter. Without limiting the foregoing, if Tenant or any of its Agents or Invitees causes or permits cause the Release of any Hazardous Materials Material on , about, in, on, under, or about beneath the Premises, Common Areas, Premises or any other part of the Property, then in any such event Tenant will immediately and shall, immediately, at no expense to City City, take any and all appropriate necessary actions to return the Premises or the Property affected by the Release Property, as applicable, to the condition existing before prior to the Release and of any such Hazardous Materials on the Property or otherwise Investigate and Remediate xxxxx the Release in accordance with all Environmental Laws, except to the extent such Release was caused by the active negligence of City or its Agents. Tenant expressly acknowledges that Tenant has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, and this obligation arises at the time the claim is tendered to Tenant by City and continues at all times thereafter. Tenant will shall afford City a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material.Material.‌