Prior Hazardous Materials. Lessee shall have no obligation to clean up or to hold Lessor harmless with respect to, any Hazardous Material or wastes discovered on the Premises which were not introduced into, in, on, about, from or under the Premises during the Lease Term or ground water contamination from other parcels where the source is from off the Premises not arising from or caused by Lessee or Lessee's Agents.
Prior Hazardous Materials. Lessee shall have no obligation to clean up or to hold Lessor harmless with respect to any Hazardous Material or wastes discovered on the Premises which were not introduced into, in, on, about, from or under the Premises by Lessee or Lessee’s Agents during the Lease Term or ground water contamination from other parcels where the source is from off the Premises not arising from or caused by Lessee or Lessee’s Agents. Notwithstanding the above, Lessee shall be obligated for Environmental Surcharges that are on an area wide basis not related specifically to Premises.
Prior Hazardous Materials. Lessee shall have no obligation to clean up or to hold Lessor harmless with respect to any Hazardous Material or wastes discovered on the Premises which were not introduced into, in, on, about, from or under the Premises during Lessee’s prior occupancy or during the Lease Term or ground water contamination from other parcels where the source is from off the Premises not arising from or caused by Lessee or Lessee’s Agents. Lessee will reimburse Lessor for its pro-rata share of Environmental Surcharges related to the Premises. As of the time of signing of this Lease, Lessor was not aware of any Environmental Surcharges due or expected to be due related to the Premises.
Prior Hazardous Materials. Lessee shall have no obligation to clean up or to hold Lessor harmless with respect to any Hazardous Material or wastes discovered on the Premises, which were not introduced into, in, on, about, from or under the Premises during the Lease Term or ground water contamination from other parcels where the source is from off the Premises not arising from or caused by Lessee or Lessee’s Agents. Under no circumstance shall Lessee be liable for losses, costs, claims, liabilities and damages (including attorneys’ and consultants’ fees) arising out of or in connection with any Hazardous Material present at the Premises or the soil, air, ground water or surface water thereof, or the violation of any Hazardous Materials Law, except to the extent that any of the foregoing actually results from the release of Hazardous Materials by Lessee or Lessee’s Agents during the Lease Term.
Prior Hazardous Materials. Notwithstanding anything to the contrary in this Lease, and except for any Environmental Surcharges (as defined in Section 16), Lessee shall have no obligation to clean up or comply with any Hazardous Materials Laws or to hold Lessor harmless or reimburse Lessor (as a CAC charge or otherwise) with respect to any Hazardous Material or wastes discovered on the Premises which were introduced into, in, on, about, from or under the Premises prior or subsequent to the Lease Term or any Hazardous Materials originating from any source off Premises or caused by any r xxxxxx or disposal of Hazardous Material by Lessor, Lessor's Agents, any other occupant of the Premises or their respective agents, employees, contractors or invitees; provided, however, that the foregoing shall not release Lessee or Lessee's Agents from its obligations under Section 33.4, above.
Prior Hazardous Materials. Tenant shall have no obligation to clean up or to hold Landlord harmless with respect to, any Hazardous Material or wastes discovered on the Premises or Project which were not introduced into, in, on, about, from or under the Premises or Project during the Lease Term or ground water contamination from other parcels where the source is from off the Premises or Project not arising from or caused by Tenant or Tenant's Agents.
Prior Hazardous Materials. Tenant shall have no obligation to clean up or to indemnify, defend, or hold Landlord harmless with respect to any Hazardous Material in, on, under or about the Leased Premises or the Project that were not introduced into, in, on, under, or about the Leased Premises or the Project during the Term of this Lease by Tenant or for ground water contamination from other parcels where the source is from off the Project and not caused by Tenant during the Term of this Lease. Under no circumstances shall Tenant be liable for claims arising out of or in connection with any Hazardous Material present at the Leased Premises or the Project or the soil, air, ground water or surface water thereof, or the violation of any Hazardous Materials Laws, except to the extent that any of the foregoing is actually caused by the bringing, keeping, storing, using, generating, releasing or disposing of Hazardous Materials by Tenant during the Term of this Lease. Insurance, Indemnity, Condemnation, Damage and Default Landlord’s Insurance. Landlord shall secure and maintain commercial property insurance for the Project covering risks of direct physical loss of or damage to the Project (known as Special Form coverage), including the Tenant Improvements, if any, but excluding all subsequent alterations, additions and improvements to the Leased Premises, with loss payable to Landlord and to the holders of any deeds of trust, mortgages or ground leases on the Project. Landlord shall not be obligated to obtain insurance for Tenant’s trade fixtures, equipment, furnishings, machinery or other property. Such policies shall provide protection against fire and extended coverage perils and such additional perils as Landlord deems suitable, and with such deductible(s) as Landlord shall deem reasonably appropriate. Landlord shall further secure and maintain commercial general liability insurance with respect to the Project in such amount as Landlord shall determine, such insurance to be in addition to, and not in lieu of, the liability insurance required to be maintained by Tenant. In addition, Landlord may secure and maintain, among other insurance, earthquake, flood, and rental income insurance. Tenant shall not be named as an additional insured on any policy of insurance maintained by Landlord.
Prior Hazardous Materials. Lessee shall have no obligation to investigate, monitor, xxxxx, clean up or to indemnify, defend or hold Lessor harmless with respect to any Hazardous Material or wastes (i) that result from the acts or omissions of Lessor or Lessor’s Agents, or (ii) discovered on the Premises which were not introduced into, in, on, about, from or under the Premises during the Lease Term by Lessee or Lessee’s Agents.
Prior Hazardous Materials. Notwithstanding any provision to the contrary in this Lease, Lessee shall have no obligation to clean up, or to comply with any law regarding, or to reimburse, indemnify, defend, release or hold Lessor harmless with respect to, and Lessor releases Lessee from and waives all claims against Lessee for, any and all liability for any Hazardous Materials or wastes discovered in, on, under, or about the Premises which (i) were not introduced into, in, on, about, from or under the Premises during the Lessee's Lease term and/or (ii) are present in, on, under, or about the Premises as the result of migration from a source off the Premises not arising from or caused by Lessee or Lessee's Agents.
Prior Hazardous Materials. Notwithstanding anything to the contrary in this Lease. Lessee shall have no obligation to clean up comply with any Hazardous Materials Laws or to hold Lessor harmless or reimburse Lessor with respect to any Hazardous Material or wastes discovered on the Premises which were introduced into, in, on, about, from or under the Premises prior or subsequent to the Lease Term or any Hazardous Materials from sources off Premises provided that the violation of Hazardous Materials Laws were not caused or did not occur as a result of acts or omissions of Lessee or Lessee's Agents.
