Common use of Lessee Indemnification Clause in Contracts

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee). Lessee’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee Parties, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.

Appears in 2 contracts

Samples: AutoGenomics, Inc., AutoGenomics, Inc.

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Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee)Lessee and for the negligence or willful misconduct of Lessor, its employees or agents. Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE LESSEE FROM ITS OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY LESSOR IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Amistar Corp), Purchase and Sale Agreement (Amistar Corp)

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising directly out of or involving any Hazardous Substance Substances brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by LesseeLessee or from "escape" and like of Hazardous Substances from a previous tenant of the Premises). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.. (e)

Appears in 1 contract

Samples: 4 Lease Agreement (World Waste Technologies Inc)

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party other than Lessor, Ellex Xxxia Company or their employees, contractors, agents or invitees (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lesseeproperties). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE LESSEE OR LESSOR FROM THEIR OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY THE OTHER PARTY IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 1 contract

Samples: Digitalthink Inc

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party employee, agent, or contractor of Lessee (provided, however, that Lessee shall have no liability under this Lease with respect to (a) any acts or omissions of Lessor or its employees, agents or contractors or (b) underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee). Lessee’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.. 7 of 42 Initials: ______, _______

Appears in 1 contract

Samples: Lease (Zenlabs Holdings Inc)

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and reasonable attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lesseeproperties). Lessee’s 's obligations when required by the Applicable Requirements shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE LESSEE FROM ITS OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY LESSOR IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 1 contract

Samples: Petco Animal Supplies Inc

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, lessor if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed any hazardous substance which existed in the premises prior to by Lesseethe start date). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE EITHER PARTY FROM ITS OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY LESSOR IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 1 contract

Samples: Accelerated Networks Inc

Lessee Indemnification. Lessee shall indemnify, defend (with counsel satisfactory to Lessor) and hold Lessor, its property managerofficers, directors, members, managers, partners, employees, agents, employeescontractors, partners, membersinvitees, lenders and master of ground lessor, if any, (each, a “Lessor Party” and collectively, the “Lessor Parties”) harmless from and against any and all loss of rents and/or damages, losses, liabilities, judgments, claims, costs, expenses, penalties, and attorneys' and consultants' fees arising out of or involving either directly or indirectly any Hazardous Substance brought onto brought, spilled or released in, on, under or about the Premises and/or any part of the Project by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not except if caused by or contributed to by LesseeLessee and/or any Lessee Party). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered caused by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationexpiration, termination or cancellation or of this Lease and no release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.

Appears in 1 contract

Samples: SMART Modular Technologies (WWH), Inc.

Lessee Indemnification. Lessee shall indemnify, defend (with counsel satisfactory to Lessor) and hold Lessor, its property managerofficers, directors, members, managers, partners, employees, agents, employeescontractors, partners, membersinvitees, lenders and master of ground lessor, if any, (each, a “Lessor Party” and collectively, the “Lessor Parties”) harmless from and against any and all loss of rents and/or damages, losses, liabilities, judgments, claims, costs, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving either directly or indirectly any Hazardous Substance brought onto brought, spilled or released in, on, under or about the Premises and/or any part of the Project by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not except if caused by or contributed to by LesseeLessee and/or any Lessee Party). Lessee’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered caused by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationexpiration, termination or cancellation or of this Lease and no release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.

Appears in 1 contract

Samples: SMART Global Holdings, Inc.

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party its agents, employees, contractors and invitees (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee). Lessee’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment to the extent created or suffered by Lessee or any of the Lessee Partiesits agents, employees, contractors, and invitees, and the cost of investigation, removal, remediation, restoration and/or abatement, of such contamination and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically specifically so agreed by Lessor in writing at the time of such agreement.

Appears in 1 contract

Samples: ImmunityBio, Inc.

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises during the term of this Lease or the Prior Sublease by or for Lessee, any of the Lessee Parties or any third party other than Lessor (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lesseeproperties). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE LESSEE FROM ITS OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY LESSOR IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 1 contract

Samples: Exodus Communications Inc

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property managerthe trusts of which Lessor is trustee and their successors, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lesseeproperties). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE LESSEE FROM ITS OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY LESSOR IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 1 contract

Samples: Troy Group Inc

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused properties, nor shall Lessee have any liability arising from Lessor's own negligent or contributed to by Lesseeintentional acts or omissions). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.

Appears in 1 contract

Samples: Homegrocer Com Inc

Lessee Indemnification. Lessee shall indemnifyIndemnify, defend defend, reimburse, and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if If any, harmless from and against any and all loss of rents and/or rents, direct or consequential damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultantsConsultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (party; provided, however, that Lessee shall have no liability under this Lease with respect to (i) underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee), or (ii) any damages, liabilities, judgments, claims, expenses, penalties, and reasonable attorneys’ and consultants fees arising out of or Involving any Hazardous Substance brought onto or released on, at, or around the Premises by Lessor, Its agents, or representatives. Lessee’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigationInvestigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. , No termination, cancellation or release agreement entered into Into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.

Appears in 1 contract

Samples: Stevanato Group S.p.A.

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Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee). Lessee’s obligations shall /s/ MH /s/ FH /s/ TW /s/ JT include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.

Appears in 1 contract

Samples: Collegiate Pacific Inc

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (other than Lessor, its agents, employees, representatives, officers, directors or other parties directed or controlled by Lessor) (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee). Lessee’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement. Nothing in this Lease shall limit or otherwise reduce or diminish any obligations or liabilities of the Lessee under the REPC with respect to Hazardous Substance issues specifically addressed thereunder. Likewise nothing herein expands or increases the obligations or liabilities of Lessee as Seller under the REPC with respect to the Hazardous Substance issues specifically addressed thereunder.

Appears in 1 contract

Samples: Lumenis LTD

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, penalties and attorneys' and consultants' fees and all environmental damages, including the cost of remediation, arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee Lessor shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused occurring before or contributed to by Lesseeafter the Commencement Date). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessor, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement."

Appears in 1 contract

Samples: Skechers Usa Inc

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessorLessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party during the Lease term, (provided, however, that Lessee shall have no liability under this Lease with respect to underground or over ground migration of any Hazardous Substance under under, upon or about the Premises from adjacent properties or any other pre-existing condition on the Premises not caused or contributed to by Lessee). Lessee’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive . Upon the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by including any extension hereunder, Lessee shall, at Lessee’s sole cost and expense, have the Premises inspected for Hazardous Substances and upon passing such inspection, Lessor agrees to release, and Lessee shall release release, Lessee from its ail obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor Substances and shall execute such a complete and total release in writing at the time of such agreementin accordance with California Law.

Appears in 1 contract

Samples: Fox Factory Holding Corp

Lessee Indemnification. Lessee shall indemnify, defend (with counsel reasonably acceptable to Lessor) and hold Lessor, its property manager, agents, shareholders, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and reasonable attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lesseeproperties). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatementabatement to the level set forth in Paragraph 6.2(c) above, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE LESSEE FROM ITS OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY LESSOR IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 1 contract

Samples: Masimo Corp

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties areas outside of the Project not caused or contributed to by Lessee). Lessee’s 's obligations shall include, but not be limited to, . the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, . restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement. Lessor shall indemnify, protect, defend and hold Lessee, its agents, employees and lenders harmless from and against any and all damages, liabilities, judgments, costs, claims, liens, expenses, penalties, loss of permits and attorneys' and consultants' fees arising out of or involving any Hazardous Substances at the Building other than those brought onto the Premises by or for Lessee or by anyone under Lessee's control.

Appears in 1 contract

Samples: Agreement (Amistar Corp)

Lessee Indemnification. Lessee shall indemnify, defend defend, reimburse and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and end all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and reasonable attorneys' and reasonable consultants' fees arising out of or involving any Hazardous Substance brought onto released, emitted, used, stored, manufactured, transported or discharged upon the Premises by or for Lessee, any of the Lessee Parties its agents, employees, contractors or invitees or any other third party under Lessee's control (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lesseeproperties). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE LESSEE FROM ITS OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY LESSOR IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 1 contract

Samples: Lease Agreement (Etoys Inc)

Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its property manager, agents, employees, partners, members, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, any of the Lessee Parties or any third party other than Lessor, Eller Media Company or their emploxxxx, contractors, agents or invitees (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lesseeproperties). Lessee’s 's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee or any of the Lessee PartiesLessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No terminationNO TERMINATION, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous SubstancesCANCELLATION OR RELEASE AGREEMENT ENTERED INTO BY LESSOR AND LESSEE SHALL RELEASE LESSEE OR LESSOR FROM THEIR OBLIGATIONS UNDER THIS LEASE WITH RESPECT TO HAZARDOUS SUBSTANCES, unless specifically so agreed by Lessor in writing at the time of such agreementUNLESS SPECIFICALLY SO AGREED BY THE OTHER PARTY IN WRITING AT THE TIME OF SUCH AGREEMENT.

Appears in 1 contract

Samples: Sew Cal Logo Inc

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