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) 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. 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.