Common use of Tenant’s Indemnity Clause in Contracts

Tenant’s Indemnity. TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES (INCLUDING WITHOUT LIMITATION STRICT LIABILITIES), PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OUT OF OR RESULTING FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWS, OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE).

Tenant’s Indemnity. TENANT AGREES TO INDEMNIFYTo the fullest extent permitted by law, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS Tenant shall defend (INCLUDING REMOVAL AND REMEDIAL ACTIONSwith attorneys reasonably acceptable to Landlord), LOSSESindemnify, CLAIMSprotect, SUITSsave and hold harmless Landlord, JUDGMENTSits agents, LIABILITIES (INCLUDING WITHOUT LIMITATION STRICT LIABILITIES)and any and all affiliates of Landlord, PENALTIESincluding, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BYwithout limitation, IMPOSED ON OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ONany corporations or other entities controlling, OR ARISING OUT OF OR RESULTING FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ONcontrolled by or under common control with Landlord, ATfrom and against any and all claims, INliabilities, UNDER FROM OR NEAR THE PREMISEScosts or expenses arising from Tenant's use or occupancy of the Premises or the Building, THE BUILDINGor from the conduct of its business, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWSor from any activity, OR THE CONDUCT OF OBLIGATIONS HEREUNDERwork, BY A TENANT PARTYor thing done, OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTYpermitted or suffered by Tenant or its agents, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE TO THE PREMISESemployees, THE BUILDING AND THE LAND CAUSED BYinvitees or licensees in or about the Premises or the Building, OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ONor from any Default in the performance of any obligation on Tenant's part to be performed under this Lease, ATor from any act or negligence of Tenant or its agents, INemployees, UNDERvisitors, FROM OR NEAR THE PREMISESpatrons, THE BUILDINGguests, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE).invitees or licensees; provided Tenant shall have no obligation to indemnify, save or hold harmless Landlord for any claims, liabilities, costs or expenses to the extent the same is caused by the negligence or willful misconduct on the part of Landlord, or its authorized agents, contractors or employees, or for which Tenant is otherwise indemnified hereunder. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents, employees, contractors, licensees or invitees use and occupancy of the Premises or the Building, or from the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant's part to be performed under this Lease, or from any act of negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall accept any tender of defense for Landlord and shall, notwithstanding any allegation

Tenant’s Indemnity. Landlord shall not be liable to Tenant or Tenant’s employees, agents, patrons or visitors, or to any other person whomsoever, for any injury to person or damage to property on or about the Leased Premises and/or Building, resulting from and/or caused in part or whole by the negligence or misconduct of Tenant, its agents, servants or employees, or of any other person entering upon the Leased Premises, or caused by the Building or buildings and improvements located on the Leased Premises becoming out of repair, or caused by leakage of gas, oil, water or steam or by electricity emanating from the Leased Premises. IN THOSE REGARDS, TENANT HEREBY COVENANTS AND AGREES TO INDEMNIFY, DEFEND THAT IT WILL AT ALL TIMES INDEMNIFY AND HOLD SAFE AND HARMLESS THE INDEMNIFIED PARTIES FROM LEASED PREMISES, BUILDING AND AGAINST ALL OBLIGATIONS LANDLORD (INCLUDING REMOVAL WITHOUT LIMITATION THE TRUSTEE AND REMEDIAL ACTIONSBENEFICIARIES IF LANDLORD IS A TRUST), LOSSESLANDLORD’S AGENTS AND EMPLOYEES FROM ANY LOSS, LIABILITY, CLAIMS, SUITS, JUDGMENTSCOSTS, LIABILITIES (EXPENSES, INCLUDING WITHOUT LIMITATION STRICT LIABILITIES), PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ ATTORNEY’S FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BYDAMAGES, IMPOSED ON OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ONBOTH REAL AND ALLEGED, OR ARISING OUT OF ANY SUCH DAMAGE OR RESULTING INJURY FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OCCUPANCY OR USE OF THE LEASED PREMISES AND/BY TENANT, INCLUDING, WITHOUT LIMITATION, TENANT’S CUSTOMERS, INVITEES, AGENTS, CONTRACTORS, EMPLOYEES, SERVANTS, SUBTENANTS, ASSIGNEES, LICENSEES OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWSCONCESSIONAIRES OR BY ANY PERSON OR PERSONS HOLDING THERE UNDER, OR BY REASON OF THE CONDUCT USE OR MISUSE OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, THE PARKING AREA OR AT THE DIRECTION ANY PART THEREOF; EXCEPT INJURY TO PERSONS OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE DAMAGE TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE PREMISES, THE BUILDING, THE SOLE CAUSE OF WHICH IS THE NEGLIGENCE OF LANDLORD OR THE LAND FAILURE OF LANDLORD TO REPAIR ANY PART OF THE BUILDING WHICH LANDLORD IS CAUSED BY OBLIGATED TO REPAIR AND MAINTAIN HEREUNDER WITHIN A REASONABLE TIME AFTER THE RECEIPT OF WRITTEN NOTICE FROM TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT OF NEEDED REPAIRS. THIS INDEMNITY IS IN ADDITION TO THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)INDEMNITY SET FORTH BELOW.

Tenant’s Indemnity. TENANT COVENANTS AND AGREES TO INDEMNIFY, DEFEND INDEMNIFY AND HOLD LANDLORD, PROPERTY MANAGER AND THEIR RESPECTIVE PARTNERS, TRUST MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITSDEMANDS, ACTIONS, DAMAGES, LOSS, LIABILITIES, JUDGMENTS, LIABILITIES (COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION STRICT LIABILITIES)LIMITATION, PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ ' FEES AND EXPENSESCOURT COSTS (EACH A "CLAIM" AND COLLECTIVELY THE "CLAIMS") OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED WHICH (i) ARE SUFFERED BY, IMPOSED ON RECOVERED FROM OR ASSERTED AGAINST LANDLORD, (ii) ARE NOT PAID BY INSURANCE CARRIED BY TENANT OR LANDLORD (WITHOUT IN ANY WAY AFFECTING THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OUT REQUIREMENTS OF OR RESULTING LANDLORD'S RIGHTS UNDER SECTION 8.2 AND (iii) ARISE FROM OR IN CONNECTION WITH (1a) THE ACTUAL USE OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OCCUPANCY OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWSANY ACCIDENT, INJURY OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, DAMAGE OCCURRING IN OR AT THE DIRECTION PREMISES OR PERMISSION (b) ANY BREACH BY TENANT OF A ANY REPRESENTATION OR COVENANT IN THIS LEASE; PROVIDED, HOWEVER, SUCH INDEMNIFICATION OF LANDLORD BY TENANT PARTYSHALL NOT INCLUDE ANY CLAIM WAIVED BY LANDLORD UNDER SECTION 8.4 HEREOF, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE ANY CLAIM TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE EXTENT CAUSED BY THE ACTUAL NEGLIGENCE OR ALLEGED PRESENCE WILLFUL MISCONDUCT OF LANDLORD OR RELEASE OF ANY CLAIM RELATING TO HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR EXCEPT TO THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION EXTENT SUCH CLAIM ARISES OUR OF A BREACH BY TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)OF ANY OF THE PROVISIONS OF SUBSECTION 5.1.2.

Tenant’s Indemnity. EXCEPT FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY ON THE PREMISES THAT IS PROXIMATELY CAUSED BY OR RESULTS PROXIMATELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, NO LANDLORD RELATED PARTIES SHALL BE LIABLE FOR, AND TENANT AGREES TO WILL AND DOES HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED LANDLORD RELATED PARTIES AGAINST AND FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS)LIABILITIES, LOSSESOBLIGATIONS, SUITS, DAMAGES, PENALTIES, CLAIMS, SUITSCOSTS, JUDGMENTSCHARGES AND EXPENSES, LIABILITIES (INCLUDING INCLUDING, WITHOUT LIMITATION STRICT LIABILITIES)LIMITATION, PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER OTHER PROFESSIONAL FEES (IF AND TO THE EXTENT PERMITTED BY LAW), THAT MAY AT ANY TIME BE IMPOSED UPON, INCURRED BY, IMPOSED ON OR ASSERTED AGAINST LANDLORD OR ANY OF THE INDEMNIFIED LANDLORD RELATED PARTIES AND ARISING, DIRECTLY OR INDIRECTLY BASED ONINDIRECTLY, OR ARISING OUT OF OR RESULTING FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT IN CONNECTION WITH TENANT’S KNOWLEDGE) USE, OCCUPANCY OR AT THE DIRECTION OR PERMISSION MAINTENANCE OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWS, OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE TO THE PREMISES, THE BUILDING AND OR THE LAND CAUSED BYPROJECT, INCLUDING, WITHOUT LIMITATION, ANY OF THE FOLLOWING: A) ANY WORK OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, THING DONE IN, UNDER, FROM ON OR NEAR ABOUT THE PREMISES, THE BUILDING, BUILDING OR THE LAND WHICH IS CAUSED PROJECT OR ANY PART THEREOF BY A ANY TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGERELATED PARTY; B) ANY INJURY OR AT DAMAGE TO ANY PERSON OR PROPERTY; C) ANY FAILURE ON THE DIRECTION PART OF TENANT TO PERFORM OR PERMISSION COMPLY WITH ANY OF A THE COVENANTS, AGREEMENTS, TERMS OR CONDITIONS CONTAINED IN THIS LEASE; AND D) ANY NEGLIGENT OR OTHERWISE TORTIOUS ACT OR OMISSION OF ANY TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)RELATED PARTY. At Landlord’s request, Tenant shall, at Tenant’s expense and by counsel selected by Landlord, defend Landlord in any action or proceeding arising from any such claim or liability and shall indemnify Landlord against all costs, reasonable attorneys’ fees, expert witness fees, and any other expenses incurred in such action or proceeding.

Tenant’s Indemnity. TENANT COVENANTS AND AGREES TO INDEMNIFY, DEFEND INDEMNIFY AND HOLD LANDLORD, PROPERTY MANAGER AND THEIR RESPECTIVE PARTNERS, TRUST MANAGERS, OFFICERS, DIRECTORS, EMPOYEES AND AGENTS HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITSDEMANDS, ACTIONS, DAMAGES, LOSS, LIABILITIES, JUDGMENTS, LIABILITIES (COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION STRICT LIABILITIES)LIMITATION, PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSESCOURT COSTS (EACH A “CLAIM” AND COLLECTIVELY THE “CLAIMS” ) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED WHICH (i) ARE SUFFERED BY, IMPOSED ON RECOVERED FROM OR ASSERTED AGAINST LANDLORD, (ii) ARE NOT PAID BY INSURANCE CARRIED BY TENANT OR LANDLORD (WITHOUT IN ANY WAY AFFECTING THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OUT REQUIREMENTS OF OR RESULTING LANDLORD’S RIGHTS UNDER SECTION 8.2) AND (iii) ARISE FROM OR IN CONNECTION WITH (1a) THE ACTUAL USE OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OCCUPANCY OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWSANY ACCIDENT, INJURY OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, DAMAGE OCCURRING IN OR AT THE DIRECTION PREMISES CAUSED BY TENANT OR PERMISSION (b) ANY BREACH BY TENANT OF A ANY REPRESENTATION OR COVENANT OF THIS LEASE; PROVIDED, HOWEVER, SUCH INDEMNIFICATION OF LANDLORD BY TENANT PARTYSHALL NOT INCLUDE ANY CLAIM WAIVED BY LANDLORD UNDER SECTION 8.4 HEREOF, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE ANY CLAIM TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE EXTENT CAUSED BY THE ACTUAL GROSS NEGLIGENCE OR ALLEGED PRESENCE WILLFUL MISCONDUCT OF LANDLORD OR RELEASE OF ANY CLAIM RELATING TO HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR EXCEPT TO THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION EXTENT SUCH CLAIM ARISES OUT OF A BREACH BY TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)OF ANY OF THE PROVISIONS OF SUBSECTION 5.1.2.

Tenant’s Indemnity. TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES (INCLUDING WITHOUT LIMITATION STRICT LIABILITIES), PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ON, ON OR ARISING OUT OF OR RESULTING FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED OR PERMITTED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OF THE PREMISES BY ANY TENANT PARTY AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWS, OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A ANY TENANT PARTY, PARTY OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED OR PERMITTED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)PARTY.

Tenant’s Indemnity. EXCEPT AS PROVIDED IN SECTION 18, TENANT AGREES TO SHALL INDEMNIFY, DEFEND DEFEND, AND HOLD LANDLORD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITSACTIONS, DEMANDS, JUDGMENTS, DAMAGES, LIABILITIES (INCLUDING WITHOUT LIMITATION STRICT LIABILITIES), PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER , INCLUDING REASONABLE LEGAL FEES, THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST LANDLORD OR THAT LANDLORD MAY SUSTAIN BY VIRTUE OF THE INDEMNIFIED PARTIES DIRECTLY OCCURRENCE OF THE DEATH OF OR INDIRECTLY BASED ONBODILY INJURY TO ANY PERSON OR THE LOSS OF, DAMAGE TO, OR DESTRUCTION OF, ANY PROPERTY ARISING OUT OF OR RESULTING FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWSFROM THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF TENANT, OR ANY OF ITS REPRESENTATIVES, AGENTS, EMPLOYEES, CONTRACTORS OR INVITEES, INCLUDING, WITHOUT LIMITATION, ANY TENANT DELAYS OR ANY FAILURE BY TENANT TO PERFORM ITS MAINTENANCE OBLIGATIONS UNDER SECTION 9(C) OR ANY DAMAGE TO ANY STRUCTURAL COMPONENTS CAUSED BY TENANT, ITS CONTRACTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES THAT INCREASE THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE COST OF PERFORMING ITS OBLIGATIONS UNDER SECTION 9(A), EXCEPT TO THE PREMISESEXTENT THE CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, DAMAGES, LIABILITIES OR EXPENSES ARISE FROM THE BUILDING AND THE LAND CAUSED BYINTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF LANDLORD OR ANY OF ITS REPRESENTATIVES, AGENTS, EMPLOYEES, CONTRACTORS OR ALLEGED TO BE CAUSED INVITEES. TENANT’S OBLIGATIONS UNDER THIS SECTION 15 APPLY REGARDLESS OF WHETHER LANDLORD WAS CONCURRENTLY NEGLIGENT (WHETHER ACTIVE OR PASSIVE), IT BEING AGREED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE PARTIES THAT IN THE EVENT OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT CONCURRENT NEGLIGENCE TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION RESPECTIVE LIABILITY WILL BE DETERMINED IN ACCORDANCE WITH PRINCIPLES OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)COMPARATIVE NEGLIGENCE.

Tenant’s Indemnity. TENANT AGREES TO INDEMNIFYTo the fullest extent permitted by law, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS ------------------ Tenant shall defend (INCLUDING REMOVAL AND REMEDIAL ACTIONSwith attorneys reasonably acceptable to Landlord), LOSSESindemnify, CLAIMSprotect, SUITSsave and hold harmless Landlord, JUDGMENTSits agents, LIABILITIES and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising from Tenant's use or occupancy of the Premises or the Building, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises or the Building, or from any Default in the performance of any obligation on Tenant's part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees; provided Tenant shall have no obligation to indemnify, save or hold harmless Landlord for any claims, liabilities, costs or expenses to the extent the same is caused by the negligence or willful misconduct on the part of Landlord, or its authorized agents, contractors or employees, or for which Tenant is otherwise indemnified hereunder. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents, employees, contractors, licensees or invitees use and occupancy of the Premises or the Building, or from the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant's part to be performed under this Lease, or from any act of negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall accept any tender of defense for Landlord and shall, notwithstanding any allegation of negligence or willful misconduct on the part of the Landlord, defend Landlord and protect and hold Landlord harmless and pay all costs expenses and attorneys' fees incurred in connection with such litigation, provided that Tenant shall not be liable for any such injury or damage, and Landlord shall reimburse Tenant for the reasonable attorney's fees and costs for the attorney representing both parties, all to the extent and in the proportion that such injury or damage is ultimately determined by a court of competent jurisdiction (INCLUDING WITHOUT LIMITATION STRICT LIABILITIES)or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord's request, PENALTIESTenant shall at Tenant's sole cost and expense, DAMAGES COSTS AND EXPENSES retain a separate attorney selected by Landlord to represent Landlord in any such suit if Landlord determines that the representation of both Tenant and Landlord by the same attorney would cause a conflict of interest; provided, however, that to the extent and in the proportion that the injury or damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (INCLUDING ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSESor in connection with any negotiated settlement agreed to by Landlord) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BYto be attributable to the negligence or willful misconduct of Landlord, IMPOSED ON OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OUT OF OR RESULTING FROM (1Landlord shall reimburse Tenant for the reasonable legal fees and costs of the separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWS, OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)shall expressly survive the expiration or sooner termination of this Lease.

Tenant’s Indemnity. TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES (INCLUDING WITHOUT LIMITATION STRICT LIABILITIES), PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY INDIRECTLY, BASED ON, OR ARISING OUT OF OR RESULTING FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED OR PERMITTED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWS, OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION DIMINUTION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE CAUSED BY THE MI ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED OR PERMITTED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY PARTY, AND IN EACH CASE UNDER EITHER (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE1), (2), (3) OR (4) REGARDLESS OF WHETHER ATTRIBUTABLE IN WHOLE OR IN PART TO ANY OF THE INDEMNIFIED PARTIES’ SOLE, CONTRIBUTORY, COMPARATIVE, ACTIVE OR PASSIVE NEGLIGENCE OR STRICT LIABILITY.

Tenant’s Indemnity. Landlord shall not be liable to Tenant or Tenant's employees, agents, patrons or visitors, or to any other person whomsoever, for any injury to person or damage to property on or about the Leased Premises and/or Building, resulting from and/or caused in part or whole by the negligence or misconduct of Tenant, its agents, servants or employees, or of any other person entering upon the Leased Premises, or caused by the Building or buildings and improvements located on the Leased Premises becoming out of repair, or caused by leakage of gas, oil, water or steam or by electricity emanating from the Leased Premises. IN THOSE REGARDS, TENANT HEREBY COVENANTS AND AGREES TO INDEMNIFY, DEFEND THAT IT WILL AT ALL TIMES INDEMNIFY AND HOLD SAFE AND HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ALL OBLIGATIONS LANDLORD (INCLUDING REMOVAL WITHOUT LIMITATION THE TRUSTEE AND REMEDIAL ACTIONSBENEFICIARIES IF LANDLORD IS A TRUST), LOSSESLANDLORD'S AGENTS AND EMPLOYEES FROM ANY LOSS, LIABILITY, CLAIMS, SUITS, JUDGMENTSCOSTS, LIABILITIES (EXPENSES, INCLUDING WITHOUT LIMITATION STRICT LIABILITIES), PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ ATTORNEY'S FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BYDAMAGES, IMPOSED ON OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ONBOTH REAL AND ALLEGED, OR ARISING OUT OF ANY SUCH DAMAGE OR RESULTING INJURY FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OCCUPANCY OR USE OF THE LEASED PREMISES BY TENANT, INCLUDING, WITHOUT LIMITATION, TENANT'S CUSTOMERS, INVITEES, AGENTS, CONTRACTORS, EMPLOYEES, SERVANTS, SUBTENANTS, ASSIGNEES, LICENSEES OR CONCESSIONAIRES OR BY ANY PERSON OR PERSONS HOLDING THERE UNDER, OR BY REASON OF THE USE OR MISUSE OF THE PARKING AREA OR ANY PART THEREOF AND/OR (3) NON-COMPLIANCE FOR ANY CLAIMS THAT MAY ARISE IN CONNECTION WITH ENVIRONMENTAL LAWSTHE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR ANY OF TENANT'S EMPLOYEES, AGENTS, CONTRACTORS, INVITEES, SERVANTS, SUBTENANTS, ASSIGNEES, LICENSEES OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, CONCESSIONAIRES; EXCEPT INJURY TO PERSONS OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE DAMAGE TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE PREMISES, THE BUILDING, THE SOLE CAUSE OF WHICH IS THE NEGLIGENCE OF LANDLORD OR THE LAND FAILURE OF LANDLORD TO REPAIR ANY PART OF THE BUILDING WHICH LANDLORD IS CAUSED BY OBLIGATED TO REPAIR AND MAINTAIN HEREUNDER WITHIN A REASONABLE TIME AFTER THE RECEIPT OF WRITTEN NOTICE FROM TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT OF NEEDED REPAIRS. THIS INDEMNITY IS IN ADDITION TO THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)INDEMNITY SET FORTH BELOW.

Tenant’s Indemnity. SUBJECT TO LANDLORD'S EXPRESS WAIVERS UNDER PARAGRAPH 12(d) ABOVE, TENANT AGREES TO INDEMNIFYINDEMNIFY AND SAVE LANDLORD AND LANDLORD'S DIRECTORS, DEFEND OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS AND HOLD EMPLOYEES HARMLESS AGAINST AND FROM ANY AND ALL CLAIMS BY OR ON BEHALF OF ANY PERSON OR PERSONS, FIRM OR FIRMS, CORPORATION OR CORPORATIONS, ARISING FROM ANY BREACH OR DEFAULT ON THE INDEMNIFIED PARTIES PART OF TENANT IN THE PERFORMANCE OF ANY COVENANT OR AGREEMENT ON THE PART OF TENANT TO BE PERFORMED, PURSUANT TO THE TERMS OF THIS LEASE, OR ARISING FROM THE USE OF THE PREMISES OR ANY ACT OR NEGLIGENCE ON THE PART OF TENANT OR ITS AGENTS, CONTRACTORS, SERVANTS, EMPLOYEES, INVITEES OR LICENSEES, OR ARISING FROM ANY ACCIDENT, INJURY OR DAMAGE TO THE EXTENT CAUSED BY TENANT, ITS AGENTS, AND EMPLOYEES TO ANY PERSON, FIRM OR CORPORATION OCCURRING DURING THE TERM OF THIS LEASE OR ANY RENEWAL THEREOF, IN OR ABOUT THE PREMISES AND PROJECT, AND FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL COSTS, REASONABLE COUNSEL FEES, EXPENSES AND REMEDIAL ACTIONS)LIABILITIES INCURRED IN OR ABOUT ANY SUCH CLAIM OR ACTION OR PROCEEDING BROUGHT THEREON. Tenant, LOSSESupon request from Landlord, CLAIMScovenants to resist or defend such action or proceeding by counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, SUITSTenant shall not be required to indemnify Landlord for, JUDGMENTSand does not waive, LIABILITIES (INCLUDING WITHOUT LIMITATION STRICT LIABILITIES), PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OUT OF OR RESULTING FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OR (2) TENANT’S OPERATION OR USE OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWS, OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)claims to the extent caused by the gross negligence or willful misconduct of Landlord.

Tenant’s Indemnity. TENANT AGREES TO SHALL INDEMNIFY, DEFEND DEFEND, AND HOLD LANDLORD AND GROUND LESSOR HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL OBLIGATIONS LOSSES (INCLUDING REMOVAL DIMINUTION IN VALUE OF THE PROPERTY OR THE LAND AND REMEDIAL ACTIONSLOSS OF RENTAL INCOME FROM THE PROPERTY OR THE LAND), LOSSES, CLAIMS, DEMANDS, ACTIONS, SUITS, JUDGMENTS, LIABILITIES DAMAGES (INCLUDING WITHOUT LIMITATION STRICT LIABILITIESPUNITIVE DAMAGES), PENALTIES, DAMAGES COSTS AND EXPENSES (INCLUDING REMEDIATION, REMOVAL, REPAIR, CORRECTIVE ACTION, OR CLEANUP EXPENSES), AND COSTS (INCLUDING ACTUAL ATTORNEYS’ AND CONSULTANTS’ FEES, CONSULTANT FEES OR EXPERT FEES AND EXPENSES) INCLUDING REMOVAL OR MANAGEMENT OF ANY KIND HAZARDOUS MATERIALS BROUGHT ONTO THE PROPERTY OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BYDISTURBED IN BREACH OF THE REQUIREMENTS OF THIS SECTION 24, IMPOSED ON REGARDLESS OF WHETHER SUCH HAZARDOUS MATERIALS CONSTITUTE PERMITTED HAZARDOUS SUBSTANCES (DEFINED BELOW) AND REGARDLESS OF WHETHER SUCH REMOVAL OR ASSERTED AGAINST THE INDEMNIFIED PARTIES DIRECTLY MANAGEMENT IS REQUIRED BY LAW) WHICH ARE BROUGHT OR INDIRECTLY BASED ONRECOVERABLE AGAINST, OR ARISING OUT SUFFERED OR INCURRED BY LANDLORD OR GROUND LESSOR AS A RESULT OF OR RESULTING FROM (1) THE ACTUAL OR ALLEGED PRESENCE OR ANY RELEASE OF HAZARDOUS MATERIALS OR TOXIC MATERIALS ON, AT, IN, ANY BREACH OF THE REQUIREMENTS UNDER FROM THIS SECTION 24 BY TENANT OR NEAR THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) REGARDLESS OF WHETHER TENANT HAD KNOWLEDGE OF SUCH NONCOMPLIANCE AND REGARDLESS OF WHETHER LANDLORD WAS NEGLIGENT OR AT THE DIRECTION SUBJECT TO ANY STRICT LIABILITY OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) AND/OTHERWISE CAUSED OR (2) TENANT’S OPERATION OR USE OF THE PREMISES AND/OR (3) NON-COMPLIANCE WITH ENVIRONMENTAL LAWS, OR THE CONDUCT OF OBLIGATIONS HEREUNDER, BY A TENANT PARTY, OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY, (4) THE DIMUNITION OF PROPERTY VALUE AND THE RESULTING EFFECTS UPON LANDLORD’S TITLE CONTRIBUTED TO THE PREMISES, THE BUILDING AND THE LAND CAUSED BY, OR ALLEGED TO BE CAUSED BY THE ACTUAL OR ALLEGED PRESENCE OR ANY RELEASE OF HAZARDOUS MATERIALS ON OR TOXIC MATERIALS ONFROM THE PROPERTY. THIS INDEMNITY PROVISION IS INTENDED TO ALLOCATE RESPONSIBILITY BETWEEN LANDLORD AND TENANT UNDER ENVIRONMENTAL LAWS AND SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS LEASE. THIS SECTION 24.6 INCLUDES, ATBUT IS NOT LIMITED TO, IN, UNDER, FROM OR NEAR THIRD PARTY CLAIMS AND DIRECT CLAIMS BETWEEN THE PREMISES, THE BUILDING, OR THE LAND WHICH IS CAUSED BY A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE) OR AT THE DIRECTION OR PERMISSION OF A TENANT PARTY (EXCLUDING INVITEES WITHOUT TENANT’S KNOWLEDGE)PARTIES.