Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs and expense related to the use, storage and disposal of Hazardous Material kept on the Premises by Tenant, its employees, agents or contractors and Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of Section 19.2 above. Tenant shall defend, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of the acts or omissions of Tenant or its contractors or agents; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable thereto; and (e) a decrease in value of the Premises; (f) damages caused by loss or restriction of rentable or usable space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Material on the Premises. Tenant shall first obtain Landlord’s approval for any such remedial action, which approval shall not be unreasonably withheld, conditioned or delayed. The provisions of this Section 19.4 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease.
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Samples: Lease (ViewRay, Inc.), Lease (ViewRay, Inc.), Lease (ViewRay, Inc.)
Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs and expense related to the use, storage and disposal of Hazardous Material kept on the Premises by TenantProperty and/or Premises, its employees, agents or contractors and Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of Section 19.2 24.1 above. Tenant shall defend, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any such Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of the acts or omissions of Tenant or its contractors or agentsPremises; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable thereto; and (e) a decrease in value of the Property and/or Premises; , (f) damages caused by loss or restriction of rentable or usable space; and (g) damages caused by adverse impact on marketing of the space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Property and/or Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Property and/or Premises to the condition existing prior to the presence of any such Hazardous Material on the Property and/or Premises. Tenant shall first obtain Landlord’s approval for any such remedial action, which approval shall not be unreasonably withheld, conditioned or delayed. The provisions of this Section 19.4 24.3 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease.
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Samples: Office Building Lease (Flexpoint Sensor Systems Inc)
Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs and expense related to the use, storage and disposal of Hazardous Material kept on the Property and/or Premises by TenantTenants, its employeesagents, agents or contractors employees and/or contractors, and Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of Section 19.2 24.1 above. Tenant shall defend, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any such Hazardous Material by Tenant, its agents, employees and/or contractors, that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of the acts or omissions of Tenant or its contractors or agentsPremises; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous MaterialMaterial by Tenant, its agents, employees and/or contractors; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable theretothereto by Tenant, its agents, employees and/or contractors; and (e) a decrease in value of the Property and/or Premises; , (f) damages caused by loss or restriction of rentable or usable space; and (g) damages caused by adverse impact on marketing of the space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Property and/or Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Property and/or Premises to the condition existing prior to the presence of any such Hazardous Material on the Property and/or Premises. Tenant shall first obtain Landlord’s approval for any such remedial action, which approval shall not be unreasonably withheld, conditioned or delayed. The provisions of this Section 19.4 24.3 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease.
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Tenant’s Liability. 22.1. Tenant hereby agrees that it shall reimburse Landlord for all expenses, damages or fines, reasonable legal fees and costs incurred or suffered by Landlord by reason of any breach, violation or nonperformance by Tenant of any covenant or provision of this Lease, including, without limitation, any action commenced against Tenant or Landlord, or by reason of damage to persons or property caused by moving property of or for Tenant in or out of the Building or by the installation or removal of furniture, fixtures or other installations or property of or for Tenant, or by reason of or arising out of the carelessness, negligence or improper conduct of Tenant or any of its Occupants. Any such amount so payable shall be fully liable for all costs deemed Additional Rent and expense related shall be due and payable by Tenant upon demand.
22.2. Tenant shall not do or permit or suffer any act or thing to the use, storage and disposal of Hazardous Material kept on be done upon the Premises by Tenantwhich may subject Landlord, its partners, members, managers, shareholders, officers, directors, employees, agents (including, without limitation, leasing and managing agents) and contractors (together collectively, “Indemnitees”) to any liability or contractors and Tenant shall give immediate notice responsibility for injury, damages to Landlord persons or property or to any liability by reason of any violation of law or potential violation of any Legal Requirement, but shall exercise such control over the provisions of Section 19.2 abovePremises as to fully protect In-demnitees against any such liability. Tenant shall “indemnify”, defend, indemnify protect, save and hold harmless the Indemnitees and each of them from and against (i) all claims against In-demnitees of whatever nature arising from any act, omission or negligence of Tenant, or any of its Occupants; (ii) all claims against Indemnitees arising from any incident, accident, injury or damage whatsoever caused to any person or to the property of any person and occurring during the term of this Lease in or about the Premises, and (iii) any breach, violation or nonperformance of any covenant, condition or agreement in this Lease set forth and contained on the part of Tenant to be fulfilled, kept, observed or and performed. Throughout this Lease, when Tenant is to “indemnify” Landlord or any other person from any “claim”, Tenant’s obligation shall be to indemnify, defend, protect, save and hold Landlord and its Agents each such other person harmless from and against any and all liability, obligations, damages, penalties, claims, causes of action, fines, suits, demands, penaltiescosts and expenses of any kind or nature incurred in or in connection with any event giving rise to the obligation to “indemnify” including, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ fees and consultants’ feesdisbursements in consultation, court costs at trial, and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any Hazardous Material that is onon appeal. Indemnitees, from or affecting the soiltime to time, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result may submit to Tenant copies of the acts or omissions of Tenant or its contractors or agents; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable thereto; and (e) a decrease Indemnitees’ bills in value of the Premises; (f) damages caused by loss or restriction of rentable or usable space. Without limitation of connection with the foregoing, if and Tenant upon receipt of such bills shall promptly pay to Landlord, as Additional Rent, the amount shown on such bills.
22.3. If any claim, action or proceeding is made or brought against any Indemnitee, which claim, action or proceeding the Tenant causes or permits shall be obligated to indemnify against pursuant to the presence terms of any Hazardous Materials on the Premises which results in contaminationthis Lease, Tenant shall promptlythen, upon demand by Landlord, Tenant, at its sole cost and expense, take shall resist or defend such claim, action or proceeding in the Indemnitee’s name, if necessary, by such attorneys as such Indemnitee shall reasonably approve. Notwithstanding the foregoing, Indemnitee may retain its own attorneys to defend or assist in defending any claim, action or proceeding (a) involving potential liability of One Million Dollars ($1,000,000) or more, or (b) which Landlord reasonably believes is not being defended competently or in good faith, and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Material on the Premises. Tenant shall first obtain Landlord’s approval for any pay the reasonable fees and disbursements of such remedial action, which approval shall not be unreasonably withheld, conditioned or delayedsubstituted attorneys. The provisions of this Section 19.4 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and Paragraph shall survive the transactions contemplated herein and shall survive the expiration or earlier termination of this Lease.
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