Common use of Getty Clause in Contracts

Getty. hereby absolutely and unconditionally covenants and agrees to indemnify and hold harmless the Borrower and the Bank and their respective successors, assigns, representatives, agents, and servants from and against any and all claims, liabilities, obligations, losses, damages, penalties, taxes, actions, suits, costs, expenses or disbursements (including reasonable attorneys' fees and expenses) of any kind and nature whatsoever which may be imposed on, incurred by or asserted against the Borrower, the Bank or any such other person, in any way relating to or arising out of any event, occurrence, condition of, use of, or state of repair at any Station with regard to any environmental damage, real, threatened or potential, and any damage caused by any hazardous waste substance or gasoline or petroleum product contamination or damage, whether now existing or hereafter arising or occurring, or the existence of any hazardous waste substance or gasoline or petroleum contamination in, on, or around the land of any Station. Getty covenants and agrees that it will be fully responsible for the repair or replacement of all equipment at any Station, including, without limitation, underground storage tanks, connecting piping and associated machinery and equipment, whether above or below ground. It is understood and agreed that the foregoing indemnification shall include any claims or proceedings asserted by the U.S. Environmental Protection Agency or any other federal, state, local, or municipal regulatory or administrative body.

Getty. hereby absolutely and unconditionally covenants and agrees to indemnify and hold harmless the Borrower and the Bank and their respective successors, assigns, representatives, agents, representatives agents and servants from and against any and all claims, liabilities, obligations, losses, damages, penalties, taxes, actions, suits, costs, expenses or disbursements (including reasonable attorneys' fees and expenses) of any kind and nature whatsoever which may be imposed on, incurred by or asserted against the Borrower, the Bank or any such other person, in any way relating to or arising out of any event, occurrence, condition of, use of, of or state of repair at any Station with regard to any environmental damage, real, threatened or potential, and any damage caused by any hazardous waste substance or gasoline or petroleum product contamination or damage, whether now existing or hereafter arising or occurring, or the existence of any hazardous waste substance or gasoline or petroleum contamination in, on, or around the land of any Station. Getty covenants and agrees that it will be fully responsible for the repair or replacement of all equipment at any Station, including, including without limitation, underground storage tanks, connecting piping and associated machinery and equipment, whether above or below ground. It is understood and agreed that the foregoing indemnification shall include any claims or proceedings asserted by the U.S. Environmental Protection Agency or any other federal, state, local, or municipal regulatory or administrative body.