TOXIC OR HAZARDOUS MATERIALS. The Lessee shall not store, use, or dispose of any toxic or hazardous materials in, on, or about the Premises without the prior written consent of the Lessor. The Lessee shall be solely responsible for and shall defend, indemnify, and hold the Lessor, and its agents and employees, harmless from and against all claims, costs, and liabilities, including attorney's fees and expenses, arising out of or in connection with the Lessee’s storage, use, or disposal of any toxic or hazardous material in, on, or about the Premises. The Lessee's obligations under this paragraph shall survive the termination of this Agreement.
TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises without the prior written consent of Landlord. Tenant, at its sole cost, shall comply with all laws relating to Tenant's storage, use and disposal of hazardous or toxic materials. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the Tenant storage, use or disposal of any toxic or hazardous material in, on or about the Premises including, but not limited to, removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials on the Premises. Tenant's obligations under this paragraph shall survive the termination of this Lease.
TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use, or dispose of any toxic or hazardous materials in, on, or about the Leased Premises, without the prior written consent of Landlord. Tenant, at its sole cost, will comply with all laws relating to Tenant’s storage, use, and disposal of hazardous or toxic materials.
TOXIC OR HAZARDOUS MATERIALS. Should Contractor or Contractor’s subcontractors or their employees encounters any toxic or potentially hazardous materials then Contractor shall immediately halt work until such time that Contracting Party causes such condition(s) to be remediated by properly licensed specialists. All costs for remediation of toxic, hazardous, or potentially hazardous materials shall be borne by Contracting Party as additional costs.
TOXIC OR HAZARDOUS MATERIALS. CRNF shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises in violation of any law without the prior written consent of CRRM. CRNF, at its sole cost, will comply with all laws relating to CRNF’s storage, use and disposal of hazardous or toxic materials. CRNF shall be solely responsible for and will defend, indemnify and hold CRRM, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney’s fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature affected, to their condition existing prior to contamination by CRNF, if and as may be required by applicable laws or regulations. CRNF’s obligations under this Section 14 will survive any expiration or termination of this Lease.
TOXIC OR HAZARDOUS MATERIALS. The Landlord acknowledges that Tenant, in the normal conduct of its business, will store and use toxic and hazardous substances on the premises. Tenant, at its sole cost, will comply with all laws relating to Tenant's storage, use, and disposal of hazardous or toxic materials.
(i) Any Hazardous Material brought upon, transported, used, kept, or stored in or about or disposed of from the Leased Premises that is necessary for Tenant to operate its business for the permitted Use will be brought upon, transported, used, kept, stored, and disposed of only in quantities necessary for the usual and customary operation of Tenant’s business and in a manner that complies, and Tenant covenants to comply, with:
1) all laws, rules, regulations, ordinances, codes or any other governmental restriction or requirement of all federal, state and local government authorities having jurisdiction thereof regulating the Hazardous Material;
2) permits issued for the Hazardous Material (which permits Tenant shall obtain prior to bringing, using, storing, or disposing of any Hazardous Material in, on, or about the Leased Premises); and
3) all producers' and manufacturers' instructions and recommendations, to the extent they are stricter than laws, rules, regulations, ordinances, codes or permits.
(ii) If Tenant in any way breaches the obligations stated in Paragraph 5.f, or if a spill or release of Hazardous Material occurs in quantities or concentrations that exceed applicable federal or state clean-up standards (hereinafter, the "Release"), in, on, under or from any portion of the Leased Premises directly as a result of any act or omission of Tenant, then without limitation of any other rights or remedies available to Landlord under this Lease or at law or in equity and notwithstanding any provision of this Lease to the contrary, Tenant shall indemnify, defend, protect and hold harmless Landlord (and Landlord's parent company(ies), subsidiaries, affiliates, employees, partners, agents, managers, mortgagees, and successors to Landlord's interest in the Leased Premises and Buildings) (collectively, the Indemnity) from any and all claims, sums paid in settlement of claims, judgments, damages, clean-up costs, penalties, fines, costs, liabilities, losses, and expenses that arise during or after the Lease Term as a result of Tenant's breach of these obligations or any Release of Hazardous Material in, on, under or from any portion of the Leased Premises including, without limitation, a...
TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises without the prior written consent of Landlord. Tenant, at its sole cost, shall comply with all laws relating to Tenant’s storage, use and disposal of hazardous or toxic materials. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney’s fees and costs, arising out of or in connection with Tenant’s storage, use or disposal of any toxic or hazardous material in, on or about the Premises including, but not limited to, removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials on the Premises. Tenant’s obligations under this paragraph shall survive the termination of this Lease. As of the signing of this Lease, Landlord is unaware of any environmental, toxic or hazardous materials in, on or about the Premises. Landlord has provided Tenant with a copy of all tests and reports that Landlord has conducted prior to the date of this Lease which relate to the existence of Hazardous Materials on or about the Premises. Notwithstanding the foregoing or anything to the contrary contained herein, Landlord hereby acknowledges and agrees that financial exposure of the Tenant, City of Fishers, or other governmental bodies affiliated with the City of Fishers and/or Tenant for certain claims is limited by the Indiana Tort Claims Act, and any such party’s obligation to indemnify and save Landlord, its agents, and employees harmless from and against any and all claims, damages, demands, penalties, costs, liabilities, losses, and expenses (including reasonable attorneys' fees and expenses at the trial and appellate levels) arising out of or related to claims subject to the Indiana Tort Claims Act shall be limited to the amount of damages available pursuant to Ind. Code § 34-13-3-4, as amended
TOXIC OR HAZARDOUS MATERIALS. As of the Closing Date, Seller shall be in full compliance with all applicable federal, state, local and foreign laws and regulations relating to pollution or protection of human health or the environment, including, without limitation, laws and regulations relating to emissions, discharges, releases or threatened releases of "Materials of Environmental Concern" (as defined below), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (collectively, "Environmental Laws") relating to the Property, which compliance includes, but is not limited to, the possession and compliance therewith by Seller of all permits and other governmental authorizations required under applicable Environmental Laws. Seller shall not have received any notice, whether from a governmental authority, citizens group, employee or other person or entity, that alleges that, Seller is not in such full compliance with Environmental Laws and there shall be no circumstances that may prevent or interfere with such full compliance in the future. As of the Closing Date, there shall be no claim, action, cause of action, investigation or notice (written or oral) by any person or entity alleging potential liability (including, without limitation, potential liability for investigatory costs, cleanup costs, governmental response costs, natural resources damages, property damages, personal injuries, or penalties) arising out of, based on or resulting from (i) the manufacture, treatment, processing, distribution, use, transport, handling, deposit, storage, disposal, leaking or other presence, or release into the environment of any Material of Environmental Concern in, at, on, under, from or about any location on the Property, or (ii) circumstances forming the basis of any violation or alleged violation of any Environmental Law ("Environmental Claims"), pending or, to Seller's knowledge, threatened with regard to the Property. As of the Closing Date, there shall be no actions, activities, circumstances, conditions, events or incidents relating to the Property, including, without limitation, the manufacture, generation, treatment, processing, distribution, use, transport, handling, deposit, storage, disposal, leaking, or other presence or release of any chemicals, pollutants, contaminants, wastes, toxic or hazardous substances, petroleum and petroleum products, asbestos or asbestos-containing mate...
TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises without the prior written consent of Landlord. Tenant, at its sole cost, will comply with all laws relating to Tenant's storage, use and disposal of hazardous or toxic materials. Tenant shall be solely responsible for and will defend, indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials on the Premises. Tenant's obligations under this paragraph will survive the termination of this Lease. Any party to this Lease through whom a claim to any broker's, finder's or other fee is made, contrary to the representations made above in this paragraph, shall indemnify, defend and hold harmless the other party to this Lease from any other loss, liability, damage, cost or expense including, without limitation, reasonable attorney's fees, court costs and other legal expenses paid or incurred by the other party, that is in any way related to such a claim.
TOXIC OR HAZARDOUS MATERIALS. The tenant may not store, use or dispose of any toxic or hazardous materials in, on or in the vicinity of the Premises without the prior written consent of the owner.
