Common use of Tenant’s Indemnification Clause in Contracts

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Property by Tenant, or Tenant’s agents, employees, contractors, or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below), or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys’ fees, court costs, consultant fees and expert fees) that arise during or after the term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the Property.

Appears in 1 contract

Samples: Commercial Lease Agreement (Nutex Health, Inc.)

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Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Property by Tenant, or Tenant’s agents, employees, contractors, or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) that which arise during or after the term Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s 's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s 's approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This The foregoing indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the PropertyLease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Cerprobe Corp)

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials hazardous material to be brought upon, kept, kept or used in or about the Property by Tenant, or Tenant’s its agents, employees, contractors, contractors or invitees without the prior written consent of Landlord. If Tenant shall notify Landlord immediately of breaches the presence of obligations stated in the preceding Section or disposal of Hazardous Materials on sentence, or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If if the presence of Hazardous Materials Material on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, and sums paid in set in settlement of claims, reasonable attorneys’ attorneys fees, court costs, consultant fees and expert fees) that which arise during or after the term Lease Term as a result of the such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial work, remove removal or restoration work required by any Federalfederal, State state or local government agency or political subdivision because of Hazardous Materials Material present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Material on the Property (or any other property) property caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous MaterialsMaterial to the Property, provided that Landlord’s 's approval of such actions is shall first be obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This The foregoing indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the PropertyLease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Network 1 Security Solutions Inc)

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials hazardous material to be brought upon, kept, kept or used in or about the Property by Tenant, or Tenant’s its agents, employees, contractors, contractors or invitees without the prior written consent of Landlord. If Tenant shall notify Landlord immediately of breaches the presence of obligation stated in the preceding Section or disposal of Hazardous Materials on sentence, or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If if the presence of Hazardous Materials Material on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgmentsjudgements, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, and sums paid in set in settlement of claims, reasonable attorneys’ attorney's, fees, court costs, consultant fees and expert fees) that which arise during or after the term Lease Term as a result of the such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federalfederal, State state or local government agency or political subdivision because of Hazardous Materials Material present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Material on the Property (or any other property) property caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous MaterialsMaterial to the Property, provided that Landlord’s 's approval of such actions is shall first be obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This The foregoing indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the PropertyLease.

Appears in 1 contract

Samples: Lease Agreement (Global Election Systems Inc)

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, kept or used in or about the Property by Tenant, or Tenant’s 's agents, employees, contractors, contractors or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) that arise during or after the term Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s 's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s 's approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the Property.

Appears in 1 contract

Samples: Temporary Commercial Lease Agreement

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, kept or used in or about the Property by Tenant, or Tenant’s agents, employees, contractors, contractors or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys’ fees, court costs, consultant fees and expert fees) that arise during or after the term Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the Property.

Appears in 1 contract

Samples: Surface Lease Agreement (Outdoor Channel Holdings Inc)

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Property by Tenant, or Tenant’s agents, employees, contractors, or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, including without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) that which arise during or after the term Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s 's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s 's approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This The foregoing indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the PropertyLease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Ace Hardware Corp)

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, kept or used in or about the Property by Tenant, or Tenant’s its agents, employees, contractors, contractors or invitees without the prior written consent of Landlord. If Tenant shall notify Landlord immediately of breaches the presence of obligations stated in the preceding Section or disposal of Hazardous Materials on sentence, or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) that which arise during or after the term Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s 's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s 's approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This The foregoing indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the PropertyLease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Efficient Networks Inc)

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Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, kept or used in or about the Property by Tenant, or Tenant’s its agents, employees, contractors, contractors or invitees without the prior written consent of Landlord. If Tenant shall notify Landlord immediately of breaches the presence of obligations stated in the preceding Section or disposal of Hazardous Materials on sentence, or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) that which arise during or after the term Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, . Tenant shall promptly take all actions at Tenant’s 's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s 's approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This The foregoing indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the PropertyLease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Precis Smart Card Systems Inc)

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Property by Tenant, or Tenant’s agents, employees, contractors, or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgmentsjudgements, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) that which arise during or after the term Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s 's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s 's approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This The foregoing indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the PropertyLease.

Appears in 1 contract

Samples: Commercial Contract of Sale (Cerprobe Corp)

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, kept or used in or about the Property by Tenant, or Tenant’s its agents, employees, contractors, contractors or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys’ fees, court costs, consultant fees and expert fees) that arise during or after the term Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the Property.

Appears in 1 contract

Samples: Commercial Lease Agreement

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials hazardous material to be brought upon, kept, kept or used in or about the Property by Tenant, or Tenant’s its agents, employees, contractors, contractors or invitees without the prior written consent of Landlord. If Tenant shall notify Landlord immediately of breaches the presence of obligations stated in the preceding Section or disposal of Hazardous Materials on sentence, or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If if the presence of Hazardous Materials Material on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below)property, or if contamination of the Property or any other property by Hazardous Materials Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss of or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, and sums paid in set in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) that which arise during or after the Lease term as a result of the such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, remove removal or restoration work required by any Federalfederal, State state or local government agency or political subdivision because of Hazardous Materials Material present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Material on the Property (or any other property) property caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant’s its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous MaterialsMaterial to the Property, provided that Landlord’s 's approval of such actions is shall first be obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This The foregoing indemnity shall survive the expiration date or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the PropertyLease.

Appears in 1 contract

Samples: Commercial Lease Agreement (MCK Communications Inc)

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