Indemnification for Hazardous Materials. (a) To the fullest extent permitted by law, Tenant hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to County) County, its elected officials, officers, employees, agents, independent contractors, and the Premises, from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable (collectively, “Liabilities”), arising out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by Tenant or Tenant Parties, and excluding all Existing Hazardous Materials.
Indemnification for Hazardous Materials. Tenant agrees to include in the Construction Contract: “To the fullest extent permitted by law, Contractor hereby agrees to indemnify, hold harmless, protect and defend the County (with attorneys acceptable to County), its Board, elected officials, officers, employees, agents, independent contractors, and the Premises, from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable, to the extent caused by the use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by Contractor. The foregoing obligations shall not apply to any pre-existing Hazardous Materials.”
Indemnification for Hazardous Materials. To the fullest extent permitted by law, TENANT hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY) COUNTY, its elected officials, officers, employees, agents, independent contractors, and the Premises from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys’ fees, disbursements and court costs and all other professional or consultant’s expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by TENANT or TENANT Parties. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Premises and the preparation of any closure or other required plans. BEST MANAGEMENT PRACTICES (AMF 9.2 S) TENANT and all of TENANT’s, subtenant, agents, employees and contractors shall conduct operations under this Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems (“Stormwater Drainage System”), and to ensure that pollutants do not directly impact “Receiving Waters” (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (“NPDES”) permits (“Stormwater Permits”) to the County of Orange, and to the Orange County Flood Control District and cities within Orange County, as co-permittees (hereinafter collectively referred to as “County Parties”) which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this Lease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. To assu...
Indemnification for Hazardous Materials. To the fullest extent permitted by law, MANAGER hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to DISTIRCT) DISTRICT, the County, its elected officials, officers, employees, agents and independent contractors and the Property, from and against any and all liabilities, losses, damages including, but not limited to, damages for the loss or restriction on any use of the Property, diminution in the value of the Property, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys’ fees, disbursements and court costs and all other professional or consultant’s expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Property by MANAGER. The foregoing indemnity shall also specifically include the cost of any required or necessary repair! restoration! clean-up or detoxification of the Property and the preparation of any closure or other required plans.
Indemnification for Hazardous Materials. To the fullest extent permitted by law, TENANT hereby 14 agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY) COUNTY, its elected officials, officers, employees, agents and independent contractors from and 15 against any and all liabilities, losses, damages (including, but not limited to, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or damages 16 arising from any adverse impact on marketing of the Premises), diminution in the value of the Premises, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses 17 (including, but not limited to, reasonable attorneys’ fees, disbursements and court costs and all other professional or consultant’s expenses), whether foreseeable or unforeseeable, arising 18 directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by 19 TENANT or TENANT’s Agents. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Premises and the 20 preparation of any closure or other required plans.
Indemnification for Hazardous Materials. To the fullest extent permitted by law, HOLDER hereby agrees to indemnify, hold harmless, protect and defend [with attorney(s) approved in writing by Director] DISTRICT and County, their elected officials, officers, employees, agents, and independent contractors and the Agreement Area, from and against any and all liabilities, losses, damages (including, but not limited to, damages for the loss or restriction of use of rentable or usable space or any amenity of the Agreement Area or damages arising from any adverse impact on marketing and diminution in the value of the Agreement Area), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorney fees, disbursements and court costs and all other professional or consultant expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Agreement Area by HOLDER or HOLDER Parties. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Agreement Area and/or other real property and the preparation of any closure or other required plans.
Indemnification for Hazardous Materials. To the fullest extent permitted by law, CONTRACTOR hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to COUNTY) COUNTY, its elected officials, officers, employees, agents, independent contractors, and the Premises from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys’ fees, disbursements and court costs and all other professional or consultant’s expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by CONTRACTOR or CONTRACTOR Parties. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Premises and the preparation of any closure or other required plans.
Indemnification for Hazardous Materials. Tenant covenants and agrees to indemnify, defend and hold harmless Landlord and the Indemnified Parties against and from any and all damages, losses, liabilities, obligations, penalties, claims, judgments, or expenses, of every kind and nature whatsoever, which may be at any time incurred by or asserted against any Indemnified Party, which relate directly to a violation of any applicable present or future laws, statutes, treaties, rules, regulations, orders, ordinances, permits, licenses, judgments or decrees enacted by any Governmental Authority to regulate any materials, wastes and/or substances in the environment, (“Environmental Laws”) at or within the Leased Premises by Tenant, any subtenant or either of their respective agents or employees, including, without limitation: (1) Any and all costs associated with the removal of any substance, waste, or material now or hereafter determined or identified by any applicable Governmental Authority to pose a risk of injury to health, safety and/or property, including but not limited to (i) all materials, wastes and substances now or hereafter designated as hazardous or toxic by the United States Environmental Protection Agency, the United States Department of Labor, the United States Department of Transportation or any other Governmental Authority, (ii) all materials, wastes and substances now or hereafter designated or defined as hazardous, extremely hazardous or toxic pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 6901, et seq.), or any other Environmental Laws, and (iii) asbestos, urea formaldehyde, polychlorinated biphenyls, and petroleum products, (“Hazardous Material”) from, or the clean-up of, all or any portion of the Leased Premises in accordance with applicable Environmental Laws; (2) Any and all liabilities, obligations, losses, damages, penalties, claims, judgments and expenses incurred or suffered by any Indemnified Party in connection with any restoration of; or any alteration, improvement, or repair to, all or any portion of the Leased Premises or any surrounding area, which may be directly or indirectly required in order to comply with any applicable Environmental Laws;
Indemnification for Hazardous Materials. If during preparation for or construction of the Energy System, any Hazardous Materials are identified in, on or under the Property, construction shall cease immediately, and Tenant shall notify Building Owner of the presence of Hazardous Materials in writing. Building Owner shall determine the nature and extent of the Hazardous Materials and Building Owner shall comply with all Environmental Laws regarding the Hazardous Materials. If it is determined that Tenant was responsible for the deposit of the Hazardous Materials on the Property, Tenant shall be responsible for the investigation and remediation of such Hazardous Materials and shall promptly pay one hundred percent (100%) of the investigation and remediation costs incurred in connection therewith, otherwise Building Owner shall promptly pay all such investigation and remediation costs.
Indemnification for Hazardous Materials. Installer shall defend, indemnify, reimburse, and hold harmless the EverBright Indemnified Persons from and against any and all Losses that any such EverBright Indemnified Person may incur or suffer by reason of: (a) any Installer Hazardous Material; (b) any alleged, threatened or actual violation of, or liability pursuant to, any Applicable Law relating to Installer Hazardous Materials; and (c) any action reasonably necessary to xxxxx, remediate, investigate or monitor any Installer Hazardous Materials, or to prevent a violation or threatened violation of any Applicable Law with respect to Installer Hazardous Materials.
