Mold. (i) Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant will, at its sole cost and expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices. (ii) Tenant, at its sole cost and expense, shall: (1) Regularly monitor the Premises for the presence of mold and any conditions that reasonably can be expected to give rise or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and (2) Promptly notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at the Premises. (iii) In the event of suspected mold or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises. (iv) Tenant hereby releases and relieves Landlord from any and all liability for bodily injury or damage to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any mold and Mold Conditions in or on the Premises, except to the extent such Mold Conditions were caused by Landlord. (v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord. (vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.
Appears in 4 contracts
Sources: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc), Lease Agreement (Taleo Corp)
Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant willshall, at its sole cost cos; and expense expense, keep and maintain the Premises in good order and condition in accordance with the Mold Prevention PracticesPractices and acknowledges that the control of moisture and prevention of mold within the Premises are integral to its obligations under the Lease.
(ii) Tenant, at its sole cost and expense, shall:
shall (1a) Regularly regularly monitor the Premises for the presence of mold and any conditions that reasonably can be expected to give rise to or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks leaks, or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and
and (2b) Promptly immediately notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at are present in, at, or about the Premises.
(iii) In the event of suspected mold or Mold Conditions at in, at, or about the PremisesPremises and surroundings areas, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at in, at, or about the Premises.
(iv) Tenant hereby releases and relieves Landlord from any and all liability for bodily injury or and damage to property and hereby property, waives any and all claims against Landlord Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold and or Mold Conditions Conditions, arising after the Commencement Date, in or on the Premises, except to Premises unless the extent such mold or Mold Conditions were caused by Landlordarise from the conduct of another tenant or from areas outside of the Premises.
(v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord.
(vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Office Lease (Twilio Inc), Office Lease (Twilio Inc)
Mold. (i) 11.1 Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation practices and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems systems, and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Landlord agrees to have the Premises inspected following execution of this Lease and shall share the inspection report with tenant. Landlord agrees to remediate existing mold conditions to the extent reasonably required and consistent with its customary Mold Prevention Practices. The contractor performing the remediation shall provide written certification to Tenant and Landlord that the remediation has been completed in accordance with applicable law. Tenant will, at its sole cost and expense expense, keep and maintain the Premises in good order and condition in accordance with the Mold Prevention PracticesPractices and acknowledges that the control of moisture, and prevention of mold within the Premises, is integral to its obligations under this Lease.
(ii) 11.2 Tenant, at its sole cost and expense, shall:
(1) 11.2.1 Regularly monitor visually observe the Premises for the presence of mold and any conditions that reasonably can be expected to give rise or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), ) mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and
(2) Promptly 11.2.2 Immediately notify Landlord in writing if it observes, suspects, or has reason to believe mold or Mold Conditions exist at the Premises.
(iii) In the event of suspected mold or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises.
(iv) Tenant hereby releases and relieves Landlord from any and all liability for bodily injury or damage to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any mold and Mold Conditions in or on the Premises, except to the extent such Mold Conditions were caused by Landlord.
(v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord.
(vi) 11.3 The provisions of this Paragraph 31 Section shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement
Mold. (i) It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of adopting and enforcing good housekeeping practicescommercially reasonable housekeeping, ventilation and vigilant moisture control within the Premises (particularly especially in kitchen areaskitchens, janitorial janitor’s closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in rooms and around outside walls, and in and around HVAC systems and associated drains) for mold prevention. Without limiting the prevention generality of the foregoing, Tenant shall adopt and implement the following guidelines: (A) report any maintenance problems involving water, moist conditions or mold to the property manager for the Industrial Center (such measures, the “Mold Prevention PracticesProperty Manager”). Tenant will, at ) promptly and conduct its sole cost and expense keep and required activities in a commercially reasonable manner that prevents unusual moisture conditions or mold growth; (B) do not block or inhibit the flow of return or make-up air into the HVAC system; (C) maintain the Premises in good order at a consistent temperature and condition humidity level in accordance with the Mold Prevention Practices.
Property Manager’s instructions; (iiD) Tenantregularly conduct janitorial activities, especially in bathrooms, kitchens and janitorial spaces, to remove mildew and prevent or correct moist conditions using commercially reasonable measures; and (E) maintain water in all drain taps at its sole cost and expenseall times. In signing that certain First Amendment to Lease, shall:
(1) Regularly monitor Tenant acknowledges that it is currently in occupancy of the Premises for and certifies that, to the presence best of mold and any Tenant’s knowledge, Tenant has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions that reasonably can be expected to give rise or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or externalincluding leaks), mold growthand allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents and/or contractors, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and
(2) Promptly notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at the Premises.
(iii) In the event of suspected mold or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises.
(iv) Tenant hereby releases and relieves Landlord from any and all liability for any bodily injury or damage damages to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any moisture or the growth of or occurrence of mold and Mold Conditions in or mildew on the Premises. In addition, except execution of the First Amendment to the extent such Mold Conditions were caused Lease constitutes acknowledgement by LandlordTenant that commercially reasonable control of moisture and mold prevention are integral to its Lease obligations.
(v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord.
(vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Qualstar Corp)
Mold. (i) 1. Without limiting the generality of any other provision of this Lease, Tenant acknowledges covenants and agrees that neither Tenant nor any Tenant Related Parties or contractors shall create, and Tenant covenants and agrees to exercise commercially reasonable efforts to prevent, the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within existence in or about the Premises of any Mold or Mold Condition (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside wallsas such terms are defined below), and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant willshall, at its sole cost and expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices.
(ii) Tenantcost, at its sole cost and expense, shall:
(1) Regularly monitor the Premises for the presence of mold Mold and any conditions that reasonably can be expected to give rise or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and
(2) Promptly notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at the Premises.
(iii) In the event commercially reasonable intervals and in a commercially reasonable manner. If Tenant obtains knowledge of suspected mold or actual Mold or Mold Conditions at the Premises, Tenant shall promptly (but in any event within IO Business Days of the discovery thereof) notify Landlord may in writing of the same and the precise location thereof.
2. If Mold or Mold Conditions are reasonably suspected to be present at the Premises, Tenant, at its sole cost, shall promptly cause an inspection of the Premises to be conducted, during such time as Landlord may designate, conducted to determine detennine if mold Mold or Mold Conditions are present at the Premises.
(iv) , and shall notify Landlord, in writing, at least 3 days prior to the inspection, of the date on which the inspection shall occur, and which portion of the Premises shall be subject to the inspection. Tenant hereby releases shall retain a Mold Inspector to conduct such inspection and relieves Landlord from shall cause such Mold Inspector to perform the inspection in a manner that is strictly confidential and consistent with the duty of care exercised by a Mold Inspector and to prepare an inspection report, keep the results of the inspection report strictly confidential, and promptly provide a copy to Landlord. Upon the discovery of any and all liability for bodily injury Mold or damage to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any mold and Mold Conditions in or on about the Premises, except Tenant shall promptly, at Tenant’s sole cost, hire a trained and experienced Mold remediation contractor(s) to completely clean-up and remove from the Premises all Mold or Mold Conditions. All such clean-up, removal and remediation shall be conducted to the extent such Mold Conditions were caused by Landlord.
(v) Tenant shall indemnify, defend satisfaction of any governmental authority with jurisdiction and hold harmless Landlord from and against any and otherwise in strict compliance with all Mold Conditions caused Remediation Requirements. Such clean-up, removal and remediation shall also include removal and replacement of any infected host materials as well as any repairs and refinishing required as the result of such removal and replacement. Any clean-up, removal and/or other remediation ofMold or contributed any Mold Condition must be completed in its entirety prior to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord.
(vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.. Notwithstanding the foregoing, Tenant shall not be responsible for any Mold or Mold Condition that Tenant or Tenant’s employees, agents or contractors do not create by their acts or omissions, or, if Tenant was aware of such Mold or Mold Condition, exacerbate. If Tenant fails to perform any of its obligations hereunder then, upon 10 days’ Notice, Landlord shall have the right (but not the obligation) to perform such obligations on behalfofTenant at Tenant’s sole cost and without waiving any rights of Landlord with respect to such situation. Commons V MOB Exhibit G, Page 2 (HTA BUILDING NO. 110501) Naples, FL HLYK Florida, LLC – Lease
Appears in 1 contract
Mold. (i) Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant will, at its sole cost and expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices.
(ii) Tenant, at its sole cost and expense, shall:
(1) Regularly shall regularly monitor the Premises for the presence of mold and or for any conditions that reasonably can be expected to give rise or be attributed to mold or fungus (the "Mold Conditions"), including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments ailment or eye irritation by Tenant’s 's employees or any other occupants of in the Premises, or any notice from a governmental agency Governmental Agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and
(2) Promptly Premises, and promptly notify Landlord in writing if it observes, suspects, has reason to believe suspects mold or Mold Conditions at the Premises.
(iii) . In the event of suspected mold or Mold Conditions at the Premises, Landlord may Tenant, at its sole cost and expense, shall promptly cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises.
, and shall notify Landlord, in writing, at least 10 days prior to the inspection, of the date on which the inspection shall occur, and which portion of the Premises shall be subject to the inspection, and retain an industrial hygienist certified by the American Board of Industrial Hygienists (iv"CIH") or an otherwise qualified mold consultant (generally, "Mold Inspector") to conduct the inspection. In the event the inspection, determines that mold or Mold Conditions are present at the Premises, then Tenant, at its sole cost and expense, shall promptly (a) hire trained and experienced mold remediation contractors to prepare a remediation plan and to remediate the mold or Mold Conditions at the Premises, and (b) send Landlord notice, in writing, with a copy of the remediation plan, at least 30-days prior to the mold remediation, stating all of the following: (1) the date on which the mold remediation shall start, (2) which portion of the Premises shall be subject to the remediation, (3) the name, address, and telephone number of the certified mold remediation contractors performing the remediation, (4) the remediation procedures and standards to be used at the Premises, (5) the clearance criteria to be employed at the conclusion of the remediation, and (6) the date the remediation will conclude. Further, Tenant hereby releases shall notify, in accordance with any applicable state or local health or safety requirements, its employees as well as occupants and relieves visitors of the Premises of the nature, location, and schedule for the planned mold remediation and ensure that the mold remediation is conducted in accordance with the relevant provisions of the document Mold Remediation in Schools and Commercial Buildings (EPA 402-K-01-001, March 2001) ("EPA Guidelines"), published by the U.S. Environmental Protection Agency, as may be amended or revised from time to time, or any other applicable, legally binding federal, state, or local laws, regulatory standards or guidelines. Tenant shall also provide Landlord from with a draft of the mold remediation report and give Landlord a reasonable opportunity to review and comment thereon, and when such report is finalized, promptly provide Landlord with a copy of the final remediation report. Tenant acknowledges and agrees that Landlord shall have a reasonable opportunity to inspect the remediated portion of the Premises after the conclusion of the mold remediation. If the results of Landlord's inspection indicate that the remediation does not comply with the final remediation report or any other applicable federal, state, or local laws, regulatory standards or guidelines, including, without limitation, the EPA Guidelines, then Tenant, at its sole cost and expense, shall immediately take all liability for bodily injury or damage further actions necessary to property ensure such compliance. It is expressly agreed and hereby waives understood that Tenant's obligation to indemnify Landlord under (b) of this SECTION 9.3 shall include any and all claims against Landlord related to or allegedly caused by or associated with any arising from mold and and/or Mold Conditions in or on the Premises, except to the extent such Mold Conditions were caused by Landlord.
(v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord.
(vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (uWink, Inc.)
Mold. (i) Tenant acknowledges shall keep all areas of the necessity of adopting premises thoroughly clean and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”)dry. Tenant will, at its sole cost and expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices.
(ii) Tenant, at its sole cost and expense, shall:
(1) Regularly monitor the Premises for the presence of mold and shall inspect all areas to ascertain if there are any conditions that reasonably can be expected to give rise water leaks or be attributed to mold or fungus including, but not limited to, observed or suspected instances signs of water damage. Tenant shall make every effort to insure that water does not escape from shower or tub enclosures. Tenant shall immediately clean and dry any area where water or liquids of any kind have accumulated/spilled. Tenant shall keep all windows and doors closed during adverse weather or when the unit is unattended. Tenant shall notify owners immediately if there is any evidence of visible accumulation of mold-like substances on hard surfaces. Tenant shall clean the accumulated and surrounding areas with soap and or detergent and allow the area to dry. Within 24 hours of cleaning the area, condensation, seepage, leaks Tenant shall apply according to labeled directions a disinfectant designed to kill mold-like substances. Tenant shall not maintain or permit any hydroponic growing in the Rental Property or any other growing of marijuana. Except as stated in Section 17 herein, upon written notification by ▇▇▇▇▇▇, Landlord shall within a reasonable time, repair water penetration (from any sourceleaks, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation provided that such leaks are not caused by Tenant’s employees , Occupants or any other occupants of the Premisesguests. Upon written notification by ▇▇▇▇▇▇, Landlord shall within a reasonable time, clean or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and
(2) Promptly notify Landlord in writing if it observes, suspects, has reason apply biocides to believe visible mold or Mold Conditions at porous surfaces such as sheetrock and ceilings provided the Premises.
(iii) In visible mold was not caused by the event misuse or neglect of suspected mold Tenant, Occupants or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises.
(iv) his guests. Tenant hereby indemnifies and holds Landlord harmless and releases and relieves Landlord from any and all liability for bodily injury claims or damage to property and hereby waives any actions arising from Tenant’s breach of this paragraph and all claims against Landlord related of consequential damages such as damages to Tenant’s personal property or allegedly caused by or claims of adverse health conditions associated with any mold and Mold Conditions in or on the Premises, except exposure to the extent such Mold Conditions were caused by Landlordmold.
(v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord.
(vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location. Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant willWithout limiting its obligations. Tenant, at its sole cost and expense expense, shall keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices.
Practices and acknowledges that the control of moisture, and prevention of mold within the Premises, are integral to its obligations under this Lease, Without limiting the foregoing, Tenant shall promptly notify Landlord if it observes, suspects, has reason to believe that any Mold Conditions (iias defined below) Tenantexist at the Premises, or if Tenant receives any notice from a governmental agency of complaints regarding the indoor air quality at the Premises. Notwithstanding anything to the contrary in this Lease, Tenant shall not be responsible for, and upon request. Landlord at its sole cost cost, shall take all actions necessary to investigate, identify, and expenseremediate any mold to the extent that such remediation is necessitated by any condition arising from Landlord’s failure to perform any repair, shall:
(1) Regularly monitor replacement or improvement which is Landlord’s obligation to perform under the Premises for provisions of this Lease. As used herein, “Mold Conditions” mean, collectively, the presence of mold and or any other conditions at the Premises that reasonably can could be expected to give rise cause or be attributed to result from mold or fungus includingfungus, but not limited to, including observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and
(2) Promptly notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at the Premises.
(iii) In the event of suspected mold or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises.
(iv) Tenant hereby releases and relieves Landlord from any and all liability for bodily injury or damage to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any mold and Mold Conditions in or on the Premises, except to the extent such Mold Conditions were caused by Landlord.
(v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord.
(vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Office Lease (Immersion Corp)