Common use of Cleanup Costs, Default and Indemnification Clause in Contracts

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) At Landlord's option, to terminate this Lease immediately; and/or (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇'s attorneys' fees and costs.

Appears in 3 contracts

Sources: Lease Agreement (Auteo Media Inc), Lease Agreement (Helix Biomedix Inc), Lease Agreement (Cellcyte Genetics Corp)

Cleanup Costs, Default and Indemnification. (1) . Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's ’s use, disposal, transportation, generation generation, and/or sale of Hazardous Substances, in or about the Premises, Common AreasBuilding, , Property, or BuildingCenter. (2) . Tenant shall fully indemnify, defend and and, save harmless Landlord and ▇▇▇▇▇▇▇▇'s lenderLandlord’s Lender, if any, harmless from any and all of the costs, fees, penalties penalties, and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s Landlord’s and Landlord's lender's ’s Lender’s attorneys' fees and costs) as a result of Tenant's ’s use, disposal, transportation, generation generation, and/or sale of Hazardous Substances. (3) . Upon Tenant's ’s default under this Section 829, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: : (i) At at Landlord's ’s option, to terminate this Lease lease immediately; and/or and/or (ii) To to recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, Property, or Center, any and all damages and claims asserted by third parties parties, and ▇▇▇▇▇▇▇▇'s Landlord’s attorneys' fees and costs.

Appears in 2 contracts

Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇Landlord's and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) At Landlord's option, to terminate this Lease immediately; and/or (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇'s attorneys' fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Onyx Software Corp/Wa)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled in addition to the following all other rights and remedies: (i) At Landlord's option, to terminate remedies under this Lease immediately; and/or (ii) To to recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by by 13. Landlord and other tenants of the BuildingBuilding arising from Tenant's default under this Section 8, any and all damages and claims asserted by third parties which arise from Tenant's default under this Section 8, and ▇▇▇▇▇▇▇▇Landlord's reasonable attorneys' fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Blue Nile Inc)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Project, Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s Landlord’s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s Landlord’s and Landlord's ’s lender's ’s attorneys' fees and costs) as a result of Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's ’s default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled in addition to the following all other rights and remedies: (i) At Landlord's option, to terminate remedies under this Lease immediately; and/or (ii) To to recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the BuildingBuilding arising from Tenant’s default under this Section 8, any and all damages and claims asserted by third parties which arise from Tenant’s default under this Section 8, and ▇▇▇▇▇▇▇▇'s Landlord’s reasonable attorneys' fees and costs.

Appears in 1 contract

Sources: Commercial Lease (Blue Nile Inc)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇Landlord's lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇Landlord's and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) At Landlord's option, to terminate this Lease immediately; and/or (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the BuildingBuildings, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇Landlord's attorneys' fees and costs.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and L▇▇▇▇▇▇▇'s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as L▇▇▇▇▇▇▇'s and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) At Landlord's option, to terminate this Lease immediately; and/or (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties and L▇▇▇▇▇▇▇'s attorneys' fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Helix Biomedix Inc)

Cleanup Costs, Default and Indemnification. (1) . Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building or BuildingProperty. (2) . Tenant shall fully indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s lenderLandlord’s Lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s Landlord’s and Landlord's lender's ’s Lender’s attorneys' fees and costs) as a result of Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) . Upon Tenant's ’s default under this Section 829, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: : (i) At at Landlord's ’s option, to terminate this Lease lease immediately; and/or and/or (ii) To to recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the BuildingBuilding or Property, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇'s attorneys' Landlord’s attorney’s fees and costs.

Appears in 1 contract

Sources: Office Lease (Visualant Inc)

Cleanup Costs, Default and Indemnification. (1) 12.2.1. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Leased Premises, Common Areas, or Building. (2) 12.2.2. Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s lender, if any, harmless from any and all of the claims, costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous SubstancesSubstances or the release thereof in or about the Leased Premises during the term of this Lease. (3) 12.2.3. Upon Tenant's default under this Section 8Paragraph 12, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) 12.2.3.1. At Landlord's option, to terminate this Lease immediatelyfor default as provided in Article 22; and/orand (ii) 12.2.3.2. To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties parties, and ▇▇▇▇▇▇▇▇Landlord's attorneys' fees and costs.

Appears in 1 contract

Sources: Commercial Lease (Primex Technologies Inc)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s Landlord’s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s Landlord’s and Landlord's ’s lender's ’s attorneys' fees and costs) as a result of Tenant's ’s use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's ’s default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) At Landlord's ’s option, to terminate this Lease immediately; and/or (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, . loss of business and sales by Landlord and other tenants of the BuildingBuildings, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇'s Landlord’s attorneys' fees and costs.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇Landlord's lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇Landlord's and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) At Landlord's option, to terminate this Lease immediately; and/or (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇Landlord's attorneys' fees and costs.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Cleanup Costs, Default and Indemnification. (1) . Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, storage, transportation, generation and/or sale of Hazardous Substances, in or about the Project, Property, Premises, Common Areas, Areas or Building. (2) . Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s and Landlord's lenderattorney's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) . Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) a. At Landlord's option, to terminate this Lease immediately; and/or (ii) b. To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the BuildingBuilding or Project, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇Landlord's attorneys' attorney's fees and costs.

Appears in 1 contract

Sources: Lease (Eacceleration Corp)

Cleanup Costs, Default and Indemnification. (1) . Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building or BuildingProperty. (2) . Tenant shall fully indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇Landlord's lenderLender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇Landlord's and Landlord's lenderLender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) . Upon Tenant's default under this Section 829, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: : (i) At at Landlord's option, to terminate this Lease lease immediately; and/or and/or (ii) To to recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the BuildingBuilding or Property, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇Landlord's attorneys' attorney's fees and costs.

Appears in 1 contract

Sources: Office Lease (Cost U Less Inc)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances. (3) Upon Tenant's material default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: : (i) At Landlord's option, to terminate this Lease immediately; and/or and/or (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇'s attorneys' fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Applied Microsystems Corp /Wa/)

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant's use, handling, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building. (2) the building of which the premises are a part. Tenant shall indemnify, defend and save Landlord and ▇▇▇▇▇▇▇▇'s lender, if any, harmless from any and all of the costs, fees, penalties and charges assessed against or imposed upon Landlord (as well as ▇▇▇▇▇▇▇▇'s and Landlord's lender's attorneys' fees and costs) as a result of Tenant's use, handling, disposal, transportation, generation and/or sale of Hazardous Substances. (3) . Upon Tenant's default under this Section 8Section, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) At Landlord's option, to terminate this Lease immediately; and/or; (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Buildingtenants, any and all damages and claims asserted by third parties and ▇▇▇▇▇▇▇▇Landlord's attorneys' fees and costs.

Appears in 1 contract

Sources: Commercial Lease