Common use of Waiver of Claims and Indemnity Clause in Contracts

Waiver of Claims and Indemnity. 13.1 Tenant agrees that, to the extent not expressly prohibited by law, Landlord and its officers, agents, servants, and employees shall not be liable for (nor shall Rent ▇▇▇▇▇ as a result of) any direct or consequential damage (including damage claimed for actual or constructive eviction) either to person or property sustained by Tenant, its servants, employees, agents, invitees, or guests due to the Premises or any part or any appurtenances thereof becoming out of repair, or due to the happening of any accident in or about the Premises, or due to any act or neglect of Tenant or of any other person. This provision shall apply without distinction as to the person whose act or neglect was responsible for the damage. 13.2 Tenant further agrees that all of Tenant's personal property in the Premises shall be at the risk of Tenant only and that Landlord shall not be liable for any damage thereto or theft thereof. 13.3 Tenant shall defend (with counsel acceptable to Landlord), indemnify and hold Landlord, and its officers, agents and employees, harmless from and against any and all liability, claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, costs, or damages, including reasonable attorneys fees and costs, arising from, or alleged to have arisen from, the acts or omissions of Ten ant, and / or its agents, employees, licensees, invitees, subtenants, or contractors, occurring in or upon the Premises, or related to the use thereof. 13.4 Tenant will be solely responsible for and will defend (with counsel acceptable to Landlord), indemnify, and hold Landlord and its officers, agents, and employees harmless from and against any and all claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, damages, costs, and liabilities, including reasonable attorneys fees and costs, arising out of or in connection with the removal from, clean up of, or restoration of the Premises directly attributed to the use or generation of hazardous materials by Tenant or any of Tenant's agents, employees, invitees, licensees, contractors or subtenants. Tenant shall promptly take any and all remedial and removal action as required by law to clean up the Premises and mitigate exposure to liability arising from, and keep the Premises free of any lien imposed pursuant to, any Legal Requirements as a result of Tenant's actions with respect to the Premises in violation of this Article 13. As used herein, "hazardous materials" means any substance, material, waste, gas or particulate matter which is regulated by any local governmental authority, the State of Nevada, or the United States Government, including, but not limited to, any material or substance which is: (i) defined as a "hazardous waste;" (ii) petroleum; (iii) asbestos; (iv) polycholorinated biphenyl; (v) radioactive; (vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. 1251 et seq. (33 U.S.C. 1317); and (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 9601). 13.5 Tenant shall have the obligation to indemnify Landlord as required by this Lease notwithstanding the existence or adequacy of Tenant's insurance coverages. This Article 13 shall survive the termination and expiration of this Lease.

Appears in 1 contract

Sources: Lease for Office / Warehouse Building (Saving Energy Solar Inc.)

Waiver of Claims and Indemnity. 13.1 Tenant agrees that, to (a) To the extent not expressly prohibited by law, Landlord and except to the extent caused by or resulting from the negligence or intentional misconduct of Landlord, Sublandlord, its officers, directors, agents, servantsservants and employees, Subtenant releases Sublandlord from, and employees shall not be liable for (nor shall Rent ▇▇▇▇▇ as a result of) waives all claims for, damages to any direct or consequential damage (including damage claimed for actual or constructive eviction) either to person or property 4454311.3 sustained by Tenant, Subtenant or by any of its servants, employees, agents, invitees, or guests due to invitees at the Premises or the Building, or by any other person (except for Sublandlord, its officers, directors, agents, servants and employees), resulting directly or indirectly from fire or other casualty, or any existing or future condition, defect, matter or thing in the Premises, the Building or any part or any appurtenances thereof becoming out of repairthereof, or due to the happening of from any equipment or appurtenance therein, or from any accident in or about the PremisesPremises or the Building, or due to from any act or neglect of Tenant Landlord or any tenant or other occupant of the Building or of any other person. This provision shall apply without distinction as to the person whose act or neglect was responsible (except for the damageSublandlord, its officers, directors, agents, servants and employees). 13.2 Tenant further agrees that all of Tenant's (b) All personal property belonging to Subtenant or any other person that is in the Premises Premises, as well as Sublandlord Property, shall be there at the risk of Tenant Subtenant or other person only and that Landlord Sublandlord shall not be liable for any damage thereto or theft or misappropriation thereof. 13.3 Tenant shall defend (with counsel acceptable , except to the extent caused by or resulting from the negligence or intentional misconduct of Landlord), Sublandlord, its officers, directors, agents, servants and employees. To the extent not expressly prohibited by law, Subtenant agrees to defend, indemnify and hold Landlord, and its officers, agents and employees, Sublandlord harmless from and against any and all liabilityloss, cost, expense, claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, costs, or damages, including reasonable attorneys fees and costs, arising from, or alleged to have arisen from, the acts or omissions of Ten ant, and / or its agents, employees, licensees, invitees, subtenants, or contractors, occurring in or upon the Premises, or related to the use thereof. 13.4 Tenant will be solely responsible for and will defend (with counsel acceptable to Landlord), indemnify, and hold Landlord and its officers, agents, and employees harmless from and against any and all claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, damages, costs, damages and liabilities, including reasonable attorneys attorneys’ fees and costsexpenses, arising out which may be asserted or which Sublandlord may suffer or incur by reason of Subtenant’s occupancy or in connection with the removal from, clean up of, or restoration use of the Premises directly attributed to the use or generation of hazardous materials by Tenant or any of Tenant's agents, employees, invitees, licensees, contractors or subtenants. Tenant shall promptly take any and all remedial and removal action as required by law to clean up the Premises and mitigate exposure to liability arising from, and keep the Premises free of any lien imposed pursuant to, any Legal Requirements as a result of Tenant's actions with respect to the Premises in violation of this Article 13. As used herein, "hazardous materials" means any substance, material, waste, gas or particulate matter which is regulated by any local governmental authority, the State of NevadaPremises, or the United States Governmentconduct of its business, includingor any activity, but not limited towork, or thing done, permitted or suffered by Subtenant in or about the Premises, or any material breach or substance which is: (i) defined as a "hazardous waste;" (ii) petroleum; (iii) asbestos; (iv) polycholorinated biphenyl; (v) radioactive; (vi) designated as a "hazardous substance" default on the part of Subtenant in the performance of any covenant or agreement on the part of Subtenant to be performed pursuant to Section 311 of the Clean Water Act, 33 U.S.C. 1251 et seq. (33 U.S.C. 1317); and (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 9601). 13.5 Tenant shall have the obligation to indemnify Landlord as required by this Lease notwithstanding the existence or adequacy of Tenant's insurance coverages. This Article 13 shall survive the termination and expiration terms of this LeaseSublease or due to any negligent act or omission of Subtenant, its agents, servants or employees, except for such damages and claims by reason of Sublandlord’s acts or omission and except to the extent caused by or resulting from the negligence or intentional misconduct of Landlord, Sublandlord, its officers, directors, agents, servants and employees.

Appears in 1 contract

Sources: Sublease Agreement (Inuvo, Inc.)

Waiver of Claims and Indemnity. 13.1 Tenant agrees that, to the extent not expressly prohibited by law, Landlord and its officers, officers agents, servants, servants and employees shall not be be liable for (nor shall Rent rent ▇▇▇▇▇ as a result of) any direct or consequential damage (including damage claimed for actual or constructive eviction) either to person or property sustained by Tenant, its servants, employees, agents, invitees, invitees or guests due to the Premises Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident in or about the PremisesBuilding, or due to any act or neglect of Tenant any tenant or occupant of the Building or of any other person, unless caused by Landlord's intentional misconduct. This provision shall apply particularly (but not exclusively) to damage caused by water, snow, frost, steam, sewage, gas, electricity, sewer gas or odors or by the bursting, leaking or dripping of pipes, faucets and plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage. 13.2 damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind, unless caused by Landlord's intentional misconduct. Tenant further agrees that all of Tenant's personal property in the Premises or the Building shall be at the risk of Tenant only and that Landlord shall not be liable for any loss or damage thereto or theft thereof. 13.3 . Tenant shall defend (with counsel acceptable to Landlord)protect, indemnify and hold Landlord, save Landlord and its officers, agents and employees, harmless from and against any and all liability, claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, costs, or damages, including reasonable attorneys fees and costs, arising from, or alleged to have arisen from, the acts or omissions of Ten ant, and / or its agents, employees, licensees, invitees, subtenants, or contractors, occurring in or upon the Premises, or related to the use thereof. 13.4 Tenant will be solely responsible for and will defend (with counsel acceptable to Landlord), indemnify, and hold Landlord and its officers, agents, and employees harmless from and against any and all claimsobligations liabilities, fines, liens, suits, actions, obligations, penalties, charges, expensescosts, damages, costs, claims and liabilities, including reasonable attorneys fees and costs, expenses of whatever nature arising from injury to persons or damage to property on the Premises or in or about the Building arising out of or in connection with the removal from, clean up of, Tenant's use or restoration occupancy of the Premises directly attributed to or Tenant's activities in the use Building, or generation of hazardous materials by Tenant arising from any act or any negligence of Tenant's , or its agents, contractors, servants, employees, or invitees, licensees, contractors or subtenants. Tenant shall promptly take any and all remedial and removal action as required by law to clean up the Premises and mitigate exposure to liability arising from, and keep the Premises free of any lien imposed pursuant to, any Legal Requirements as a result of Tenant's actions with respect to the Premises in violation of this Article 13. As used herein, "hazardous materials" means any substance, material, waste, gas or particulate matter which is regulated by any local governmental authority, the State of Nevada, or the United States Government, including, but not limited to, any material or substance which is: (i) defined as a "hazardous waste;" (ii) petroleum; (iii) asbestos; (iv) polycholorinated biphenyl; (v) radioactive; (vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. 1251 et seq. (33 U.S.C. 1317); and (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 9601). 13.5 Tenant shall have the obligation to indemnify Landlord as required by this Lease notwithstanding the existence or adequacy of Tenant's insurance coverages. This Article 13 shall survive the termination and expiration of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Metris Companies Inc)

Waiver of Claims and Indemnity. 13.1 Tenant agrees thatLandlord and Tenant, to the extent not expressly prohibited permitted by law, expressly, knowingly and voluntarily waive and release any and all claims it may have against the other party, and against the other party’s agents, employees and contractors, including, but not limited to, claims for theft or damage to property (including business interruption of Tenant’s Business) or loss of income. Moreover, Tenant, to the extent permitted by law, expressly, knowingly and voluntarily waives and releases any and all claims it may have against the Landlord, its agents, employees and contractors, for injury to person sustained by the Tenant or by any occupant of the Premises, or by any other person, as a result of the acts or omissions of Landlord and its officersor Landlord’s employees, agents, servantsor contractors, and employees shall not be liable for (nor shall Rent ▇▇▇▇▇ unless caused as a result of) of the negligence or willful misconduct of Landlord or its employees, agents, or contractors. Without limiting the foregoing, Tenant waives any direct claims against Landlord arising from theft or consequential damage (including damage claimed for actual or constructive eviction) either to person or property sustained by Tenant, its servants, employees, agents, invitees, or guests due to as a result of any part of the Premises Property or any part equipment or any appurtenances thereof becoming out of repair, or due to the happening of resulting from any accident in or about the Premises, Property or due to resulting directly or indirectly from any act or neglect of Tenant any tenant or occupant of any part of the Property or of any other person. This provision shall apply without distinction as especially (but not exclusively) to damage caused by water, frost, weather, steam, sewage, electricity, gas, sewer gas or odors, or by the bursting or leaking of pipes or plumbing work, and shall apply equally whether such damage is caused or occasioned by anything or circumstance above mentioned or referred to, or by any other thing or circumstance whether of a like or wholly different nature. All personal property belonging to the person whose act Tenant or neglect was responsible for the damage. 13.2 Tenant further agrees that all any occupant of Tenant's personal property in the Premises that is in or on any part of the Property shall be there at the risk of the Tenant only or of such other person only, and that Landlord the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof. 13.3 . The Tenant shall defend agrees to hold the Landlord harmless and indemnified (with counsel acceptable to Landlord), indemnify and hold Landlord, and its officers, agents and employees, harmless from and against any and all liability, claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, costs, or damages, including reasonable attorneys fees attorney fees) against claims and costs, arising from, liability for injuries to all persons and for damage to or alleged to have arisen from, the acts or omissions loss of Ten ant, and / or its agents, employees, licensees, invitees, subtenants, or contractors, property occurring in or upon about the PremisesProperty, due to any act of negligence or related to default under this Lease by the use thereof. 13.4 Tenant will be solely responsible for and will defend (with counsel acceptable to Landlord)Tenant, indemnifyits contractors, and hold Landlord and its officers, agents, and employees harmless from and against any and all claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, damages, costs, and liabilities, including reasonable attorneys fees and costs, arising out of or in connection with the removal from, clean up of, or restoration of the Premises directly attributed to the use or generation of hazardous materials by Tenant or any of Tenant's agents, employees, invitees, licenseesor those on the Property by or through Tenant. Such obligation shall not be construed to negate, contractors abridge or subtenantsotherwise reduce any other right or obligation of indemnity that would otherwise exist as to any party or person described in this paragraph. Tenant agrees that in the event Tenant shall promptly take have any and all remedial and removal action claim against Landlord under the Lease or arising out of the subject matter of the Lease, as required by law amended from time to clean up time, Tenant’s sole recourse shall be against the Premises and mitigate exposure to liability arising fromLandlord’s interest in the Building, and keep for the Premises free satisfaction of any lien imposed pursuant toclaim, any Legal Requirements judgment or decree requiring the payment of money by Landlord as a result of Tenant's actions a breach hereof or otherwise in connection with respect the Lease, and no other property or assets of Landlord, its successors or assigns, shall be subject to the Premises levy, execution or other enforcement procedure for the satisfaction of any such claim, judgment, injunction or decree. Moreover, Tenant agrees that Landlord shall in violation no event and under no circumstances be responsible for any consequential damages incurred or sustained by Tenant, or its employees, agents, contractors or invitees as a result of or in any way connected to Tenant’s occupancy of the Premises. In any and all claims against Landlord and its subsidiaries or any of their agents or employees by an employee of the Tenant or anyone directly or indirectly employed by Tenant or anyone for whose acts Tenant may be liable, the indemnification obligation under this Article 13. As used herein, "hazardous materials" means paragraph shall not be limited in any substance, material, waste, gas or particulate matter which is regulated way by any local governmental authoritylimitation on the amount or type of damages, compensation or benefits payable by or for the State of NevadaTenant under workers’ compensation acts, disability benefit acts or other employee benefit acts. Tenant understands and acknowledges the United States Government, including, but not limited to, any material or substance which is: (i) defined as a "hazardous waste;" (ii) petroleum; (iii) asbestos; (iv) polycholorinated biphenyl; (v) radioactive; (vi) designated as a "hazardous substance" pursuant to Section 311 significance and consequence of the Clean Water Act, 33 U.S.C. 1251 et seqwaivers and indemnifications set forth herein. (33 U.S.C. 1317); The indemnity and (vii) defined as a "hazardous waste" pursuant to Section 1004 hold harmless obligations of the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 9601). 13.5 Tenant shall have the obligation to indemnify Landlord as required by this Lease notwithstanding the existence or adequacy of Tenant's insurance coverages. This Article 13 shall survive the termination and expiration of this Lease. The Landlord agrees to hold Tenant harmless and indemnified (including reasonable attorney fees) against claims and liability for injuries to all persons and for damage to or loss of Property occurring in or about Property, due to any act of negligence or default under this Lease by Landlord, its contractors, agents, employees, invitees or those on the Property by or through Tenant.

Appears in 1 contract

Sources: Net Lease Agreement (Evergreen Energy Inc)

Waiver of Claims and Indemnity. 13.1 Tenant agrees that, to To the extent not expressly prohibited permitted by law, Landlord the Tenant releases the Landlord, its beneficiaries, partners and its officers, agents, servantstheir respective agents and servants from, and employees shall not be liable for (nor shall Rent ▇▇▇▇▇ as a result of) any direct or consequential waives all claims for, damage (including damage claimed for actual or constructive eviction) either to person or property sustained by the Tenant or any occupant of the Building or premises resulting from the Building or premises or any part of either or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the Building, or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Building or any other person, including Landlord's agents and servants. This Section 15 shall apply especially, but not exclusively, to the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, and shall apply equally whether any such damage results from the act or neglect of the Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstances above mentioned or referred to, or any other thing or circumstances whether of a like nature or of a wholly different nature. If any such damage, whether to the demised premises or to the Building or any part thereof, or whether to the Landlord or to other tenants in the Building, results from any act or neglect of the Tenant, its servants, employees, agents, invitees, or guests due to and customers, the Premises or any part or any appurtenances thereof becoming out of repairTenant shall be liable therefor and the Landlord may, or due to at the happening of any accident in or about Landlord's option, repair such damage and the PremisesTenant shall, or due to any act or neglect of Tenant or of any other person. This provision shall apply without distinction as to upon demand by Landlord, reimburse the person whose act or neglect was responsible Landlord forthwith for the damage. 13.2 total cost of such repairs. The Tenant further agrees that all of Tenant's personal property in the Premises shall be at the risk of Tenant only and that Landlord shall not be liable for any damage caused by its act or neglect if the Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against the Tenant. All property belonging to the Tenant or any occupant of the premises that is in the Building or the premises shall be there at the risk of the Tenant or other person only, and the Landlord shall not be liable for damages thereto or theft or misappropriation thereof. 13.3 . Tenant shall defend (with counsel acceptable agrees to Landlord), indemnify and hold save the Landlord, its beneficiaries, partners and its officers, their respective agents and employees, harmless from and against any and all liability, claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, costs, or damages, including reasonable attorneys fees and costs, arising from, or alleged to have arisen from, the acts or omissions of Ten ant, and / or its agents, employees, licensees, invitees, subtenants, or contractors, occurring in or upon the Premises, or related to the use thereof. 13.4 Tenant will be solely responsible for and will defend (with counsel acceptable to Landlord), indemnify, and hold Landlord and its officers, agents, and employees harmless from and against any and all claims, finesdemands, liens, suits, actions, obligations, penalties, charges, costs and expenses, damages, costs, and liabilities, including reasonable attorneys attorneys' fees and costsfor the defense thereof, arising out of or in connection with the removal from, clean up of, or restoration from Tenant's occupation of the Premises directly attributed to the use or generation of hazardous materials by Tenant or any of Tenant's agents, employees, invitees, licensees, contractors or subtenantsdemised premises. Tenant shall promptly take any and all remedial and removal action as required by law to clean up the Premises and mitigate exposure to liability arising from, and keep the Premises free In case of any lien imposed pursuant toaction or proceeding brought against Landlord, its beneficiaries, Owner and Owner's partners or their respective agents or employees by reason of any Legal Requirements as a result of Tenant's actions with respect such claim, upon notice from Landlord, Tenant covenants to the Premises in violation of this Article 13. As used herein, "hazardous materials" means any substance, material, waste, gas defend such action or particulate matter which is regulated proceeding by any local governmental authority, the State of Nevada, or the United States Government, including, but not limited to, any material or substance which is: (i) defined as a "hazardous waste;" (ii) petroleum; (iii) asbestos; (iv) polycholorinated biphenyl; (v) radioactive; (vi) designated as a "hazardous substance" pursuant counsel reasonably satisfactory to Section 311 of the Clean Water Act, 33 U.S.C. 1251 et seq. (33 U.S.C. 1317); and (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 9601)Landlord. 13.5 Tenant shall have the obligation to indemnify Landlord as required by this Lease notwithstanding the existence or adequacy of Tenant's insurance coverages. This Article 13 shall survive the termination and expiration of this Lease.

Appears in 1 contract

Sources: Lease (Option Care Inc/De)

Waiver of Claims and Indemnity. 13.1 Tenant agrees that, to the extent not expressly prohibited by law, Landlord and its officers, officers agents, servants, servants and employees shall not be liable for (nor shall Rent ▇▇▇rent abat▇ ▇▇ as a result of) any direct or consequential damage damage, unless caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors (including damage claimed for actual or constructive eviction) either to person or property sustained by Tenant, its servants, employees, agents, invitees, invitees or guests due to the Premises Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident in or about the PremisesBuilding, or due to any act or neglect of Tenant any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by water, snow, frost, steam, sewage, gas, electricity, sewer gas or odors or by the bursting, leaking or dripping of pipes, faucets and plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage. 13.2 damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all of Tenant's personal property in the Premises or the Building shall be at the risk of Tenant only and that Landlord shall not be liable for any loss or damage thereto or theft thereof. 13.3 . Tenant and Landlord shall defend (with counsel acceptable to Landlord)protect, indemnify and hold Landlord, save each other and its their officers, agents and employees, harmless from and against any and all liability, claims, fines, liens, suits, actions, obligations, penalties, charges, expenses, costs, or damages, including reasonable attorneys fees and costs, arising from, or alleged to have arisen from, the acts or omissions of Ten ant, and / or its agents, employees, licensees, invitees, subtenants, or contractors, occurring in or upon the Premises, or related to the use thereof. 13.4 Tenant will be solely responsible for and will defend (with counsel acceptable to Landlord), indemnify, and hold Landlord and its officers, agents, and employees harmless from and against any and all claimsobligations liabilities, fines, liens, suits, actions, obligations, penalties, charges, expensescosts, damages, costs, claims and liabilities, including reasonable attorneys fees and costs, expenses of whatever nature arising from injury to persons or damage to property on the Premises or in or about the Building arising out of or in connection with the removal from, clean up of, or restoration of the Premises directly attributed to the use or generation of hazardous materials by Tenant or any of Tenant's agents, employees, invitees, licensees, contractors or subtenants. Tenant shall promptly take any and all remedial and removal action as required by law to clean up the Premises and mitigate exposure to liability arising from, and keep the Premises free of any lien imposed pursuant to, any Legal Requirements as a result of Tenant's actions with respect to the Premises in violation of this Article 13. As used herein, "hazardous materials" means any substance, material, waste, gas or particulate matter which is regulated by any local governmental authority, the State of Nevada, or the United States Government, including, but not limited to, any material or substance which is: (i) defined as a "hazardous waste;" (ii) petroleum; (iii) asbestos; (iv) polycholorinated biphenyl; (v) radioactive; (vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. 1251 et seq. (33 U.S.C. 1317); and (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 9601). 13.5 Tenant shall have the obligation to indemnify Landlord as required by this Lease notwithstanding the existence or adequacy of Tenant's insurance coverages. This Article 13 shall survive the termination and expiration of this Lease.with

Appears in 1 contract

Sources: Lease (Dataworks Corp)