Common use of Tenant’s Indemnification Clause in Contracts

Tenant’s Indemnification. Tenant shall indemnify, defend and hold harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding any and all claims, demands, liabilities, damages, fines, losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 shall survive the expiration or termination of this Lease for any reason.

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other 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 Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all an claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. 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 settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) reasonable which arise during or after the 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 conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to Hazardous Substancesground water on or under the Property. Without limiting the foregoing, (C) diminution in value of if the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value presence of any loss of Hazardous Materials on the use of the Premises Property (or any other portion property) caused or permitted by Tenant results in any contamination of the Park or 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 part thereofsuch Hazardous Materials, provided that Landlord's approval of such actions is first obtained. Tenant’s obligations under this Paragraph 6.6.5 The foregoing indemnity shall survive the expiration or termination of this Lease for any reasonLease.

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord except for Hazardous Materials (including, without limitation, acetone) that are part of the ordinary course of Tenant’s business (the “Permitted Activities”) provided such Permitted Activities comply with applicable laws and are documented in accordance with all laws applicable thereto; (ii) the Demised Premises will not be used in any manner for the storage of any Hazardous Materials except for the temporary storage of such materials that are used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided that such Permitted Materials are properly stored in a manner and location meeting all laws applicable thereto with notice to and right to inspect by Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused by Tenant or any Tenant Party results in contamination of the Property or any other 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 there from, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all claims, demands, liabilitiesjudgments, damages, finespenalties, tines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss 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 settlement of claims, reasonable attorneys’ fees, court costs, consultant fees and expert fees) reasonable which arise during or after the 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 conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to Hazardous Substancesground water on or under the Property. Without limiting the foregoing, (C) diminution in value of if the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value presence of any loss of Hazardous Materials on the use of the Premises Property (or any other portion property) caused by Tenant or any Tenant Party results in any contamination of the Park or any part thereof. Property, Tenant shall promptly take all actions at Tenant’s obligations under this Paragraph 6.6.5 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. The foregoing indemnity shall survive the expiration or termination of this Lease for any reasonLease.

Tenant’s Indemnification. Other than the use or storage of oil and gas and other possible hazardous materials used in the day to day operations of a Harley-Davidson dealership, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If the presence of Hazardous Materials on the Premises caused or permitted by Tenant results in contamination of the Premises or any other property, or if contamination of the Premises 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 (with counsel reasonably approved by Landlord) and hold harmless Landlord, its employees members, its lenders, and their respective partners, officers, directors, employees, and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding harmless from any and all claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Premises, damages for the loss or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Premises, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) reasonable 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 conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Substances, (C) diminution in value of Materials on the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion property) caused or permitted by Tenant results in any contamination of the Park or Premises, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any part thereofsuch Hazardous Materials, provided that Landlord's approval of such actions is first obtained. Tenant hereby recognizes and agrees that Tenant’s 's indemnification obligations under this Paragraph 6.6.5 and remediation obligations hereunder shall survive also extend to any condition caused by the expiration or termination presence of this Lease for any reasonoil, gas and related possible hazardous materials used in connection with day to day operation of a Harley Davidson dealership.

Tenant’s Indemnification. In addition to, and not in derogation of any other indemnification contained in the Lease, Tenant shall agrees to indemnify, defend and hold harmless Landlord, its employees successors and assigns, and its and their trustees, beneficiaries, directors, officers, shareholders, employees, agents, any persons holding a security interest in the Premises or any other portion of the Parkand partners from all costs, and the respective successors and assigns of each of themexpenses, for, from, against and regarding any and all claims, demandsdamages, liabilities, damagesclaims, fines, penalties, interest, judgments, and losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) kind arising out of from or in any way relating related to Tenant's or Tenant's Representatives' Handling of Hazardous Materials during the Term of this Lease or failure to comply in full with this Paragraph 5.2 (collectively, "Environmental Losses"), including consequential damages, damages for personal or bodily injury, property damage, damage to natural resources occurring on or off the Premises, encumbrances, liens, costs and expenses of investigations, monitoring, clean up, removal or remediation of Hazardous Materials, defense costs of any claims (whether or not such claim is ultimately defeated), good faith settlements, attorneys' and consultants' fees and costs, and losses attributable to the usediminution of value, treatmentloss or use or adverse effects on marketability or use of any portion of the Premises, storagewhether or not such Environmental Losses are contingent or otherwise, generationmatured or unmatured, transportforeseeable or unforeseeable. If Landlord is ever made a party to any action or proceeding by reason of a matter for which Tenant is obligated to indemnify Landlord, releasethen Tenant upon notice from Landlord shall defend that action or proceeding on behalf of Landlord at Tenant's expense with counsel reasonably satisfactory to Landlord or, leakif Tenant's counsel would be placed in a position creating a conflict of interest between the interests of Landlord and Tenant, spillthen Landlord upon reasonable written notice to Tenant may elect to retain its own counsel to undertake such defense, disposal in which case Tenant shall reimburse Landlord for all defense costs Landlord actually incurs in defending against such action or other handling proceeding, whether or not the action or proceeding is ultimately defeated. This indemnity is intended by the parties to be as broad and comprehensive as possible under law and shall apply regardless of Hazardous Substances on, under the fault (including active or about the Premises or the Park by passive negligence) of either Tenant or any other Tenant Party; Landlord provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the PremisesTenant's indemnification, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend defense and hold harmless obligations shall include, without limitation, not apply to the extent attributable to Landlord's fault (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal including active or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 shall survive the expiration or termination of this Lease for any reasonpassive negligence).

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the property, caused or permitted by Tenant results in contamination of the Property or any other 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 Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss 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 settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) reasonable which arise during or after the 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 conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to Hazardous Substancesground water on or under the Property. Without limiting the foregoing, (C) diminution in value of if the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value presence of any loss of Hazardous Materials on the use of the Premises Property (or any other portion property) caused or permitted by Tenant results in any contamination of the Park or 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 part thereofsuch Hazardous Materials, provided that Landlord's approval of such actions is first obtained. Tenant’s obligations under this Paragraph 6.6.5 The foregoing indemnity shall survive the expiration or termination of this Lease for any reasonLease.

Tenant’s Indemnification. Except to the extent arising solely frox xxx xxxentional or grossly negligent acts of Landlord or Landlord's agents or employees, Tenant shall indemnifydefend, defend indemnify and hold Landlord harmless Landlord, its employees from and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding any and all claims, demands, losses, penalties, fines, fees, charges, assessments, liabilities, damages, finesjudgments, losses (including without limitation diminution in value and loss of use)orders, decrees, actions, administrative or other proceedings, costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (A) court costs, reasonable attorneys' fees, expert witness fees, costs incurred in connection with investigation of site conditionsfor tests, (B) reasonable costs inspections, investigations, feasibility or impact studies, preparation and implementation of any cleanupHazardous Materials remedial or cleanup plan), remedial, removal or restoration work required by and any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value or loss or interference with the transfer, use or enjoyment of the Premises and/or Premises, Project or other property or business or affecting title thereto, arising from or relating to: (i) any other portion violation of the Parkthis Lease or applicable Law by any Tenant Parties (as defined below), (Dii) [omitted]damage, loss or injury to persons, property or business occurring in, about or from the Premises, (Eiii) reasonable sums paid in settlement of claimsdamage, attorneys feesloss or injury to persons, consultant and laboratory fees and expert fees, and (F) the value property or business directly or indirectly arising out of any loss of the Tenant Party's use of the Premises or Project, or out of any other portion act or omission of any Tenant Parties. For purposes of this provision, "Tenant Parties" shall mean Tenant, any other occupant of the Park Premises and any of their respective agents, employees, invitees, customers, visitors, Transferees and contractors. Without limiting the generality of the foregoing, Tenant specifically acknowledges that the indemnity undertaking herein shall apply to claims in connection with or arising out of any Work in the Premises under Article 10 or any part thereofHazardous Materials in the Premises under Article 22 (whether or not such matters shall have been theretofore permitted or approved by Landlord). In the event that a defense is required hereunder, Tenant shall defend Landlord at Tenant’s obligations under this Paragraph 6.6.5 's expense with counsel reasonxxxx xcceptable to Landlord or, xx Xxxdlord's election, Tenant shall survive the expiration or termination of this Lease reimburse Landlord for any reasonreasonable legal fees or costs incurred by Landlord.

Tenant’s Indemnification. Tenant shall indemnify, defend and hold harmless Landlord, its employees and officers, directors, shareholders, members, affiliates, partners, agents, any persons holding a security interest in the Premises or any other portion of the Parkemployees, and the respective subsidiaries, successors and assigns (all of each which shall be deemed included in the term “Landlord” for purposes of them, for, from, this Article 12) from and against and regarding any and all liabilities, obligations, penalties, fees, claims, litigation, demands, liabilitiesdefenses, damagesjudgments, finessuits, losses (including without limitation diminution in value and loss of use)proceedings, costs (including without limitation the cost actions, costs, disbursements or expenses of any investigation, remedial, removal kind or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includenature whatsoever (including, without limitation, (Areasonable attorneys’ and expert fees and disbursements) reasonable costs incurred in connection with investigation loss of site conditionslife, (B) reasonable costs personal injury and/or damage to or destruction of property arising from or out of any cleanupoccurrence in, remedialupon or at the Leased Premises, removal or restoration work required the occupancy or use by Tenant of the Leased Premises, the Building or Common Areas, or any parts thereof, or the conduct of Tenant’s business or profession at the Leased Premises or from any breach or default in performance of any obligation on Tenant’s part to be performed under this Lease, or occasioned wholly or in part by any federalact or omission of Tenant, state its agents, contractors, employees, servants, subtenants, concessionaires, or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereofinvitees. Tenant’s obligations indemnification shall not extend to (i) claims waived by Landlord under Section 11.5 above and (ii) any liabilities, obligations, penalties, fees, claims, actions, costs, disbursements or expenses of any kind arising from the violation of this Paragraph 6.6.5 Lease by Landlord, negligence or willful misconduct of Landlord, its employees, agents and contractors. In case Landlord shall be made a party to any such litigation commenced by or against Tenant, then Tenant shall protect, defend (with counsel chosen by Tenant’s insurer and reasonably acceptable to Landlord) and hold Landlord harmless and pay all reasonable costs and attorneys’ fees incurred by Landlord in connection with such litigation, and any appeals thereof. The provisions of this Section 12.1 shall survive the expiration or earlier termination of this Lease for any reasonthe Lease.