Common use of Tenant’s Exculpation Clause in Contracts

Tenant’s Exculpation. Tenant shall not be liable for nor otherwise obligated to Landlord under any provision of this Lease with respect to any claim, cost, expense or damage resulting from any Hazardous Substance now or hereafter present upon the Industrial Center to the extent not caused nor otherwise permitted, directly or indirectly, by Tenant or by a Tenant Entity; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including, without limitation, attorneys’ and experts’ fees and costs) and losses to the extent (a) Tenant or any Tenant Entity contributes to the presence of such Hazardous Substances or Tenant and/or any Tenant Entity exacerbates the conditions caused by such Hazardous Substances, or (b) Tenant and/or any Tenant Entity allows or permits persons over which Tenant or any Tenant Entity has control and/or for which Tenant or any Tenant Entity are legally responsible for, to cause such Hazardous Substances to be present in, on, under, through or about any portion of the Premises, the Building or the Industrial Center, or does not take all reasonably appropriate actions to prevent such persons over which Tenant or any Tenant Entity has control and/or for which Tenant or any Tenant Entity are legally responsible for causing the presence of Hazardous Substances in, on, under, through or about any portion of the Premises, the Building or the Industrial Center.

Tenant’s Exculpation. Tenant shall not be liable for for, nor otherwise obligated to to, Landlord under any provision of this Lease with respect to (i) any claim, remediation obligation, investigation obligation, liability, cause of action, attorney's fees, consultants' cost, expense or damage resulting from any Hazardous Substance now Material present in, on or hereafter present upon about the Industrial Center Premises or any of the Buildings in the Park to the extent not caused nor otherwise permitted, directly or indirectly, by Tenant or Tenant's Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises, the Building or the Park caused by any source, including third parties other than Tenant and Tenant's Representatives, as a result of, or in connection with, the acts or omissions of persons other than Tenant Entityor Tenant's Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including, including without limitation, attorneys’ ' and experts’ ' fees and costs) and losses to the extent (a) Tenant or any Tenant Entity of Tenant's Representatives contributes to the presence of such Hazardous Substances Materials or Tenant and/or any Tenant Entity of Tenant's Representatives exacerbates the conditions caused by such Hazardous SubstancesMaterials, or (b) Tenant and/or any Tenant Entity Tenant's Representatives allows or permits persons over which Tenant or any Tenant Entity of Tenant's Representatives has control and/or for which Tenant or any Tenant Entity of Tenant's Representatives are legally responsible for, to cause such Hazardous Substances Materials to be present in, on, under, through or about any portion of the Premises, the Building or the Industrial CenterPark, or does not take all reasonably appropriate actions to prevent such persons over which Tenant or any Tenant Entity of Tenant's Representatives has control and/or for which Tenant or any Tenant Entity of Tenant's Representatives are legally responsible for from causing the presence of Hazardous Substances Materials in, on, under, through or about any portion of the Premises, the Building or the Industrial CenterPark.

Tenant’s Exculpation. The Landlord and the Tenant acknowledge the status of the soil and groundwater as per Commencement Date, and which is established at least partly in the Tier 2 2001 report dated by March 2002. The intent of this Section 27.5. of the Lease is to exculpate Tenant and Tenant’s Representatives from responsibility for any contamination for any environmental media, that existed prior to the Commencement Date and any contamination that is caused by Landlord or any other person or entity other than Tenant and Tenant’s Representatives after the Commencement Date. Tenant shall not be liable for nor otherwise obligated to Landlord or any other person or entity under any provision of this the Lease with respect to (i) any claimclaims (including without limitation, third-party claims), remediation obligation, investigation obligation, liability, cause of action, attorneys’ fees, consultants’ cost, expense or damage resulting from any Hazardous Substance now Material present in, on or hereafter present upon about the Industrial Center Premises to the extent not caused nor otherwise permitted, directly or indirectly, by Tenant or Tenant’s Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises caused by any source, including third parties other than Tenant or any of Tenant’s Representatives, as a result of or in connection with the acts or omissions of persons other than Tenant Entityor Tenant’s Representatives; provided, however, with respect only to Parcels “A,” “B1” and “B2” Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including, including without limitation, attorneys’ and experts’ fees and costs) and losses to the extent (a) Tenant or any Tenant Entity Tenant’s Representatives contributes to the presence of such Hazardous Substances Materials or Tenant and/or any Tenant Entity Tenant’s Representatives exacerbates the conditions caused by such Hazardous SubstancesMaterials, or (b) Tenant and/or any Tenant Entity Tenant’s Representatives allows or permits persons over which Tenant or any Tenant Entity Tenant’s Representatives has control and/or for which Tenant or any Tenant Entity Tenant’s Representatives are legally responsible for, to cause such Hazardous Substances Materials to be present in, on, under, through or about any portion of the Premises, the Building or the Industrial Center, Premises or does not take all reasonably appropriate actions to prevent such persons over which Tenant or any Tenant Entity Tenant’s Representatives has control and/or for which Tenant or any Tenant Entity of Tenant’s Representatives are legally responsible for from causing the presence of Hazardous Substances Materials in, on, under, through or about any portion of the Premises, the Building or the Industrial CenterPremises in violation of Environmental Laws.

Tenant’s Exculpation. Tenant shall not be liable for nor otherwise obligated to Landlord under any provision of this Lease with respect to any claim, cost, expense or damage resulting from any Hazardous Substance now or hereafter present upon the Industrial Center to the extent not caused nor otherwise permitted, directly or indirectly, by Tenant or by a Tenant Entity; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including, without limitation, attorneys’ ' and experts’ ' fees and costs) and losses to the extent (a) Tenant or any Tenant Entity contributes to the presence of such Hazardous Substances or Tenant and/or any Tenant Entity exacerbates the conditions caused by such Hazardous Substances, or (b) Tenant and/or any Tenant Entity allows or permits persons over which Tenant or any Tenant Entity has control and/or for which Tenant or any Tenant Entity are legally responsible for, to cause such Hazardous Substances to be present in, on, under, through or about any portion of the Premises, the Building or the Industrial Center, or does not take all reasonably appropriate actions to prevent such persons over which Tenant or any Tenant Entity has control and/or for which Tenant or any Tenant Entity are legally responsible for causing the presence of Hazardous Substances in, on, under, through or about any portion of the Premises, the Building or the Industrial Center.

Tenant’s Exculpation. Tenant shall not be liable for nor otherwise obligated to Landlord under any provision of this the Lease with respect to (i) any claimclaim (including without limitation, third-party claims), remediation obligation, investigation obligation, liability, cause of action, attorney's fees, consultants' cost, expense or damage resulting from any Hazardous Substance now Material present in, on or hereafter present upon about the Industrial Center Premises to the extent not caused nor otherwise permitted, directly or indirectly, by Tenant or Tenant's Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises caused by any source, including third parties other than Tenant or any of Tenant's Representatives, as a result of or in connection with the acts or omissions of persons other than Tenant Entityor Tenant's Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including, including without limitation, attorneys’ ' and experts’ ' fees and costs) and losses to the extent (a) Tenant or any Tenant Entity of Tenant's Representatives contributes to the presence of such Hazardous Substances Materials or Tenant and/or any Tenant Entity of Tenant's Representatives exacerbates the conditions caused by such Hazardous SubstancesMaterials, or (b) Tenant and/or any Tenant Entity Tenant's Representatives allows or permits persons over which Tenant or any Tenant Entity of Tenant's Representatives has control and/or for which Tenant or any Tenant Entity of Tenant's Representatives are legally responsible for, to cause such Hazardous Substances Materials to be present in, on, under, through or about any portion of the Premises, the Building or the Industrial Center, Premises or does not take all reasonably appropriate actions to prevent such persons over which Tenant or any Tenant Entity of Tenant's Representatives has control and/or for which Tenant or any Tenant Entity of Tenant's Representatives are legally responsible for from causing the presence of Hazardous Substances Materials in, on, under, through or about any portion of the Premises, the Building or the Industrial Center.

Tenant’s Exculpation. Tenant shall not neither be liable for nor otherwise obligated to Landlord under any provision of this Lease with respect to (i) any claim, remediation obligation, investigation obligation, liability, cause of action, attorney's fees, consultants' cost, expense or damage resulting from any Hazardous Substance now present in, on or hereafter present upon about the Industrial Center Premises, the Building or the R&D Park to the extent not neither caused nor otherwise permitted, directly or indirectly, by Tenant or the Tenant Entities; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Substance present in, on or about the Premises, the Building or the R&D Park caused by any source, including third parties other than Tenant and the Tenant Entities, as a result of or in connection with the acts or omissions of persons other than Tenant Entityor the Tenant Entities; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including, including without limitation, attorneys’ ' and experts’ ' fees and costs) and losses to the extent (aA) Tenant or any of the Tenant Entity contributes to the presence of such Hazardous Substances or Tenant and/or any Tenant Entity Entities exacerbates the conditions caused by such Hazardous Substances, or (bB) Tenant and/or any the Tenant Entity Entities allows or permits persons over which Tenant or any of the Tenant Entity Entities has control and/or for which Tenant or any of the Tenant Entity Entities are legally responsible for, to cause such Hazardous Substances to be present in, on, under, through or about any portion of the Premises, the Building or the Industrial CenterR&D Park, or does not take all reasonably appropriate actions to prevent such persons over which Tenant or any of the Tenant Entity Entities has control and/or for which Tenant or any of the Tenant Entity Entities are legally responsible for from causing the presence of Hazardous Substances in, on, under, through or about any portion of the Premises, the Building or the Industrial CenterR&D Park.

Tenant’s Exculpation. Tenant shall not be liable for nor or otherwise obligated to Landlord under any provision of this the Lease with respect to (i) any claim, remediation obligation, investigation obligation, liability, cause of action, attorneys’ fees, consultants’ cost, expense or damage resulting from any Hazardous Substance now Material present in, on or hereafter present upon about the Industrial Center Premises, the Building or the Park to the extent not caused nor or otherwise permitted, directly or indirectly, by Tenant or Tenant’s Representatives; or (ii) the removal, investigation, monitoring or remediation of any Hazardous Material present in, on or about the Premises, the Building caused by any source, including third parties other than Tenant and Tenant’s Representatives, as a result of or in connection with the acts or omissions of persons other than Tenant Entityor Tenant’s Representatives; provided, however, Tenant shall be fully liable for and otherwise obligated to Landlord under the provisions of this Lease for all liabilities, costs, damages, penalties, claims, judgments, expenses (including, including without limitation, attorneys’ and experts’ fees and costs) and losses to the extent (a) Tenant or any Tenant Entity of Tenant’s Representatives contributes to the presence of such Hazardous Substances Materials or Tenant and/or any Tenant Entity of Tenant’s Representatives exacerbates the conditions caused by such Hazardous SubstancesMaterials, or (b) Tenant and/or any Tenant Entity of Tenant’s Representatives allows or permits persons over which Tenant or any Tenant Entity of Tenant’s Representatives has control and/or for which Tenant or any Tenant Entity are of Tenant’s Representatives is legally responsible forresponsible, to cause such Hazardous Substances Materials to be present in, on, under, through or about any portion of the Premises, the Building or the Industrial CenterBuilding, or does not take all reasonably appropriate actions to prevent such persons over which Tenant or any Tenant Entity of Tenant’s Representatives has control and/or for which Tenant or any Tenant Entity of Tenant’s Representatives are legally responsible for from causing the presence of Hazardous Substances Materials in, on, under, through or about any portion of the Premises, the Building Premises or the Industrial CenterBuilding.