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. 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. 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. 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. To the best of Seller’s knowledge, except as otherwise set forth in any environmental reports or studies to be provided to Buyer pursuant to the provisions of the first sentence of Section 6.2 above, Seller is not aware of any Hazardous Materials on, in or under the Property. Except as otherwise set forth in any environmental reports or studies to be provided to Buyer pursuant to the provisions of the first sentence of Section 6.2 above, Seller did not cause any Hazardous Materials to be placed or released on the Property, or any portion thereof, in violation of applicable environmental laws. For purposes of this Agreement, “Hazardous Materials” shall mean any chemical, substance, waste or material which is deemed hazardous, toxic, a pollutant or a contaminant, under any federal, state or local statute, law, ordinance, rule, regulation or judicial or administrative order or decisions, now or hereafter in effect, or which has been shown to have significant adverse effects on human health or the environment. Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.; and those substances defined as “hazardous wastes” in Section 25117 of the California Health & Safety Code or as “hazardous substances” in Section 25316 of the California Health &Safety Code; in the regulations adopted and publications promulgated pursuant to such laws including Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30; and in the Hazardous Materials storage, use or discharge ordinances of Santa Xxxxx County, if any.
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 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.
TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any materials that are regulated by or establish liability under applicable federal, state, or local laws or regulations controlling human health or the environment (“Hazardous Materials”) in, on or about the Premises without the prior written consent of Landlord except such Hazardous Materials in maintenance or consumer products used and stored in the normal course of Tenants business allowed under this Lease so long as Hazardous Materials are stored and used in quantities which do not require reporting under applicable law and are managed so that there is no release to the environment or contamination of the Premises. Tenant, at its sole cost, will comply with all laws relating to Tenant’s storage, use and disposal of Hazardous Materials. Tenant shall solely be 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 Hazardous Materials on the Premises Tenant’s obligations under this paragraph will survive the termination of this Lease.
