Common use of Tenant’s Indemnification Clause in Contracts

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and an claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or termination of this Lease.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Cheap Tickets Inc), Commercial Lease Agreement (Cheap Tickets Inc)

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Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding any and an all claims, judgmentsdemands, liabilities, damages, penalties, fines, costs, liabilities or losses (includingincluding without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall include, without limitation, diminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, (A) reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or conditions, (B) reasonable costs of any clean-upcleanup, remedial workremedial, removal or restoration work required by any Federalfederal, State state or local government governmental agency because or political subdivision with respect to Hazardous Substances, (C) diminution in value of Hazardous Materials present the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the soil or ground water on or under the Property. Without limiting the foregoing, if the presence value of any Hazardous Materials on loss of the Property (use of the Premises or any other property) caused or permitted by Tenant results in any contamination portion of the Property, Tenant shall promptly take all actions at Park or any part thereof. Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtained. The foregoing indemnity ’s obligations under this Paragraph 6.6.5 shall survive the expiration or termination of this LeaseLease for any reason.

Appears in 2 contracts

Samples: AbSci Corp, AbSci Corp

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property property, caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and an all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Speed Release Lock Co)

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials hazardous material to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials Material on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and an all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, and sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term term as a result of the such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federalfederal, State state or local government agency or political subdivision because of Hazardous Materials Material present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials Material on the Property (or any other property) property caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous MaterialsMaterial to the Property, provided that Landlord's approval of such actions is shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: MCK Communications Inc

Tenant’s Indemnification. Tenant shall indemnify and hold harmless Landlord and its directors, officers, employees, partners, members, managers, agents, consultants, contractors, representatives, licensees, insureds, successors, assigns and shareholders (“Landlord’s Indemnitees”) for any and all actions, claims, or liabilities for bodily injuries, retention of liens, regulatory actions, enforcement actions, nuisance claims and third-party property damage resulting from, or in any way connected with, the performance of or failure to perform of Tenant’s material obligations pursuant to this Lease, including, without limitation, any reasonable costs, expenses and attorneys’ fees that may be incurred by Landlord or Landlord’s Indemnitees incident to any such liability; provided, however, that Tenant shall not cause be required to indemnify and hold Landlord or permit Landlord’s Indemnitees harmless from any Hazardous Materials claims, demands, losses, damages, expenses and other liabilities due to be brought uponthe fault or negligence of Landlord or Landlord’s Indemnitees. If Landlord or any of Landlord’s Indemnitees intends to seek indemnification under this Section from Tenant with respect to any action or claim, kept Landlord or used such Landlord’s Indemnitee(s) shall give Tenant written notice of such claim within ninety (90) Days of the commencement of, or actual knowledge by Landlord or such Landlord’s Indemnitee(s) of, such claim or action, and Tenant shall have no liability under this Section for any claim or action for which such notice is not provided, unless failure to give notice does not substantially prejudice Tenant. Landlord or such Landlord’s Indemnitee(s) shall have the right, at its sole cost and expense, to participate in any such claim or about the Property by Tenant, its agents, employees, contractors action. Landlord or invitees such Landlord’s Indemnitee(s) shall not compromise or settle any such claim or action without the prior written consent of LandlordTenant. If Tenant breaches shall use reasonable efforts to prevent any liens from being filed against the obligations stated in the preceding Section or sentencePremises, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and an claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term Entertainment Complex as a result of work performed by, at the contaminationrequest or on behalf of Tenant. This indemnification of Tenant shall indemnify and save harmless Landlord by Tenant includesagainst all loss, without limitationliability, costs incurred in connection with any investigation of site conditions costs, attorney’s fees, damages or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence interest charges as a result of any Hazardous Materials on the Property (mechanic’s lien or any other propertylien caused to be filed against the Premises, the Entertainment Complex or Tenant’s leasehold estate in the Premises as a result of acts or omissions of Tenant or its agents, contractors and employees, and Tenant shall, within thirty (30) caused or permitted by Tenant results in any contamination Days of the Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction filing of any such Hazardous Materialslien and written notice given to Tenant, provided that remove, pay or cancel said lien or secure the payment of any such lien or liens by bond or other security reasonably acceptable to Landlord's approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Credit Agreement (Revel Entertainment Group, LLC)

Tenant’s Indemnification. Tenant shall not cause Except to the extent caused by the gross negligence or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent willful misconduct of Landlord. If , Tenant breaches hereby agrees to indemnify, defend, and hold harmless Landlord and the obligations stated Landlord Group (as such term is defined in the preceding Section or sentence, or if Basic Lease Information) from and against (and to reimburse Landlord and the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from Group for) any and an all claims, judgmentsactions, suits, proceedings, losses, damages, obligations, liabilities, penalties, fines, costs, liabilities or losses costs and expenses (including, without limitation, diminution attorneys’ fees, legal costs, and other costs and expenses of defending against any claims, actions, suits, or proceedings) (collectively, “Claims”) arising from, in value connection with, or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the use or occupancy of the Property, damages for the loss Tenant Space or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance portion of the Property, damages arising from any adverse impact on marketing of building space Building or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord Property by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upperson claiming by, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on through or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (Tenant or any other propertyTenant Party (not arising from the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or invitees), or (ii) caused the negligence or permitted willful omissions of Tenant or any Tenant Parties with respect to the Tenant Space, the Building or the Property; provided, however, Tenant’s indemnification, defense and hold harmless obligations under this Section shall not extend to Claims covered by Landlord’s indemnity of Tenant results in Section 14.2.2, below. In the event that any contamination action or proceeding is brought against Landlord or any member of the Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction Landlord Group by reason of any such Hazardous MaterialsClaim, provided that Tenant, upon timely notice from Landlord's approval of , shall defend such actions is first obtainedaction or proceeding at Tenant’s cost and expense by counsel reasonably approved by Landlord. The foregoing indemnity Tenant’s obligations under this Section 14.2 shall survive the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation of the Tenant Space and the Building. Notwithstanding any provision to the contrary contained in this Section 14.2, nothing contained in this Section 14.2 shall be interpreted or used in any way to affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord. This indemnity provision shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Master Datacenter Lease (Telx Group, Inc.)

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its officers, directors, shareholders, members, affiliates, partners, agents, employees, subsidiaries, successors and assigns (all of which shall be deemed included in the term “Landlord” for purposes of this Article 12) from and against any and an all liabilities, obligations, penalties, fees, claims, litigation, demands, defenses, judgments, damagessuits, penaltiesproceedings, finesactions, costs, liabilities disbursements or losses expenses of any kind or of any nature whatsoever (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant ’ and expert fees and expert feesdisbursements) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with loss of life, personal injury and/or damage to or destruction of property arising from or out of any investigation occurrence in, upon or at the Leased Premises, or the occupancy or use by Tenant of site conditions the Leased Premises, the Building or Common Areas, or any clean-upparts thereof, remedial workor the conduct of Tenant’s business or profession at the Leased Premises or from any breach or default in performance of any obligation on Tenant’s part to be performed under this Lease, removal or restoration work required occasioned wholly or in part by any Federalact or omission of Tenant, State its agents, contractors, employees, servants, subtenants, concessionaires, or local government agency because of Hazardous Materials present in the soil invitees. Tenant’s indemnification shall not extend to (i) claims waived by Landlord under Section 11.5 above and (ii) any liabilities, obligations, penalties, fees, claims, actions, costs, disbursements or ground water on or under the Property. Without limiting the foregoing, if the presence expenses of any Hazardous Materials on kind arising from the Property (violation of this Lease by Landlord, negligence or willful misconduct of Landlord, its employees, agents and contractors. In case Landlord shall be made a party to any other property) caused such litigation commenced by or permitted by Tenant results in any contamination of the Propertyagainst Tenant, then Tenant shall promptly take protect, defend (with counsel chosen by Tenant’s insurer and reasonably acceptable to Landlord) and hold Landlord harmless and pay all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of reasonable costs and attorneys’ fees incurred by Landlord in connection with such litigation, and any such Hazardous Materials, provided that Landlord's approval of such actions is first obtainedappeals thereof. The foregoing indemnity provisions of this Section 12.1 shall survive the expiration or earlier termination of this the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Roblox Corp)

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought uponliable for, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant and shall indemnify, defend defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and an all claims, damages, judgments, damagessuits, penaltiescauses of action, fines, costslosses, liabilities or losses (and expenses, including, without limitation, diminution attorneys’ fees and court costs (collectively, “Landlord Indemnified Claims”), arising or resulting from (a) any occurrence in value the Premises following the date Landlord delivers possession of all or any portion of the PropertyPremises to Tenant, damages for except to the extent caused by the negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises; and/or (d) any Default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or any default by Tenant under the terms of any other contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or restriction on use damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of _________________________ * Said financial statements any such Landlord Indemnified Claims, Tenant, upon notice from Landlord, shall not be required to be dated more recently than defend the calendar quarter prior to same at Tenant’s expense by counsel approved in writing by Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent approval shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization ’s indemnification obligations under this Section 16.2 and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid elsewhere in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the this Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Orchard Supply Hardware Stores Corp

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord except for Hazardous Materials (including, without limitation, acetone) that are part of the ordinary course of Tenant’s business (the “Permitted Activities”) provided such Permitted Activities comply with applicable laws and are documented in accordance with all laws applicable thereto; (ii) the Demised Premises will not be used in any manner for the storage of any Hazardous Materials except for the temporary storage of such materials that are used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided that such Permitted Materials are properly stored in a manner and location meeting all laws applicable thereto with notice to and right to inspect by Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant or any Tenant Party results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromthere from, then Tenant shall indemnify, defend and hold Landlord harmless from any and an all claims, judgments, damages, penalties, finestines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in In settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant or any Tenant Party results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's ’s sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's ’s approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Oryon Technologies, Inc.)

Tenant’s Indemnification. Tenant shall In addition to, and not cause or permit in derogation of any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated other indemnification contained in the preceding Section or sentenceLease, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable agrees to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its successors and assigns, and its and their trustees, beneficiaries, directors, officers, shareholders, employees, agents, and partners from any and an all costs, expenses, damages, liabilities, claims, fines, penalties, interest, judgments, and losses of any kind arising from or in any way related to Tenant's or Tenant's Representatives' Handling of Hazardous Materials during the Term of this Lease or failure to comply in full with this Paragraph 5.2 (collectively, "Environmental Losses"), including consequential damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for personal or bodily injury, property damage, damage to natural resources occurring on or off the Premises, encumbrances, liens, costs and expenses of investigations, monitoring, clean up, removal or remediation of Hazardous Materials, defense costs of any claims (whether or not such claim is ultimately defeated), good faith settlements, attorneys' and consultants' fees and costs, and losses attributable to the diminution of value, loss or restriction use or adverse effects on marketability or use of _________________________ * Said financial statements any portion of the Premises, whether or not such Environmental Losses are contingent or otherwise, matured or unmatured, foreseeable or unforeseeable. If Landlord is ever made a party to any action or proceeding by reason of a matter for which Tenant is obligated to indemnify Landlord, then Tenant upon notice from Landlord shall defend that action or proceeding on behalf of Landlord at Tenant's expense with counsel reasonably satisfactory to Landlord or, if Tenant's counsel would be placed in a position creating a conflict of interest between the interests of Landlord and Tenant, then Landlord upon reasonable written notice to Tenant may elect to retain its own counsel to undertake such defense, in which case Tenant shall reimburse Landlord for all defense costs Landlord actually incurs in defending against such action or proceeding, whether or not the action or proceeding is ultimately defeated. This indemnity is intended by the parties to be as broad and comprehensive as possible under law and shall apply regardless of the fault (including active or passive negligence) of either Tenant or Landlord provided, however, Tenant's indemnification, defense and hold harmless obligations shall not be required apply to be dated more recently than the calendar quarter prior extent attributable to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable fault (including active or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or termination of this Leasepassive negligence).

Appears in 1 contract

Samples: Lease (Therma Wave Inc)

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Tenant’s Indemnification. Tenant shall not cause does hereby agree to indemnify, defend and hold harmless Landlord, and any employee or permit agent of Landlord from all losses, claims, damages, injuries, liabilities, litigation and other expenses (including reasonable attorneys fees and other disbursements and costs) which may arise or be claimed against Landlord and be in favor of any Hazardous Materials to be brought uponpersons or other entities for (i) any injuries or occupancy of the Premises by Tenant (ii) any acts, kept omissions, negligence or used in or about the Property by fault of Tenant, its agents, contractors, employees, contractors licensees, visitors, customers, patrons or invitees (iii) Tenant's failure to comply with any laws, statues, ordinances, codes or regulations (including without limitation laws relating to the prior written consent use, storage and/or disposal of Landlord. If chemicals), or (iv) any default by Tenant breaches the obligations stated in the preceding Section observance or sentenceperformance of any obligations set forth in the Lease. Landlord shall not be liable to Tenant for any damages, losses or if injuries to the presence persons or property of Hazardous Materials on Tenant, except to the Property caused extent attributable to conduct or permitted by Tenant results in contamination actions of the Property Landlord or its agents. In the event that Landlord shall be made a party to any other property, litigation commenced against Tenant or if contamination otherwise regarding Tenant's use or occupancy of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromPremises, then Tenant shall indemnify, defend protect and hold Landlord harmless from any and an claims, judgments, damages, penalties, fines, shall pay all costs, liabilities expenses and attorney's fees, disbursements and costs incurred or losses (includingpaid by Landlord in connection with such litigation and any appeal thereof. Tenant agrees that all personal property of Tenant and/or its employees, without limitationservants, diminution in value agents or licensees shall be the sole responsibility of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements Tenant and Landlord shall not be required liable for theft or damage of or to be dated more recently than any such personal property, except to the calendar quarter prior extent attributable to Landlord's request, but conduct or actions of the Landlord or its agents. Tenant shall not be dated later than a year prior to said request. rely on Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. nor hold Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with responsible for the Demised Premises, who examine Tenant's credit worthiness. rentable provision of security or unusable space or maintenance of insurance of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtainedkind. The foregoing indemnity provisions of this Paragraph shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Wellstone Filters Inc /De/

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and an all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, . Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Precis Smart Card Systems Inc)

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept kept, or used in or about the Property by Tenant, its or Tenant’s agents, employees, contractors contractors, or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other propertyproperty in accordance with applicable Environmental Laws (as defined below), or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and an all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Property, damages for the loss or of restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which that arise during or after the Lease Term term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal remove or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's ’s sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's ’s approval of such actions is first obtained. The foregoing In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This indemnity shall survive the expiration date or earlier termination of this LeaseLease and shall survive any transfer of Landlord’s interest in the Property.

Appears in 1 contract

Samples: Commercial Lease Agreement (Nutex Health, Inc.)

Tenant’s Indemnification. Other than the use or storage of oil and gas and other possible hazardous materials used in the day to day operations of a Harley-Davidson dealership, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property Premises by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property Premises caused or permitted by Tenant results in contamination of the Property Premises or any other property, or if contamination of the Property Premises or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend (with counsel reasonably approved by Landlord) and hold Landlord Landlord, its members, its lenders, and their respective partners, officers, directors, employees, and agents, harmless from any and an all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the PropertyPremises, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the PropertyPremises, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which that arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the PropertyPremises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property Premises (or any other property) caused or permitted by Tenant results in any contamination of the PropertyPremises, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property Premises to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtained. The foregoing indemnity Tenant hereby recognizes and agrees that Tenant's indemnification obligations and remediation obligations hereunder shall survive also extend to any condition caused by the expiration or termination presence of this Leaseoil, gas and related possible hazardous materials used in connection with day to day operation of a Harley Davidson dealership.

Appears in 1 contract

Samples: Commercial Lease Agreement (Rich Uncles NNN REIT, Inc.)

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold ------------------------- Landlord harmless from any and an claimsall losses, judgments, damages, penalties, finesliabilities, costs, liabilities or losses expenses and claims arising from (including, without limitation, diminution in value a) Tenant's use of the PropertyPremises or the conduct of its business or any activity, damages work, or thing done, permitted or suffered by Tenant in or about the Premises, (b) any breach or default in the performance of any obligation to be performed by Tenant under the terms of this Lease, (c) any act, neglect, fault or omission of Tenant or of its agents or employees, and (d) all costs, attorneys' fees, expenses and liabilities incurred in or about such claims or any action or proceeding brought thereon. In case any action or proceeding shall be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel approved in writing by Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of and waives all claims against Landlord with respect to damage to property or. injury to persons in, upon or about the Premises from any cause whatsoever except that which is caused by the failure of Landlord to observe any of the terms and conditions of this Lease where such failure has persisted for an unreasonable period of time after written notice to Landlord of such failure. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TENANT ACKNOWLEDGES AND AGREES THAT IT SHALL BE SOLELY RESPONSIBLE FOR PROVIDING ADEQUATE SECURITY FOR ITS PREMISES, AND ITS USE OF THE BUILDING AND THE COMMON AREAS THEREOF. LANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, AND SHALL NOT BE LIABLE TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES, FOR LOSSES DUE TO THEFT, BURGLARY OR OTHER CRIMINAL ACTIVITY, OR FOR DAMAGES OR INJURIES TO PERSONS OR PROPERTY RESULTING FROM PERSONS GAINING ACCESS TO THE PREMISES OR THE BUILDING, AND TENANT HEREBY RELEASES LANDLORD AND ITS AGENTS AND EMPLOYEES FROM ALL LIABILITIES FOR SUCH LOSSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE THEREOF. Notwithstanding the loss or restriction on use of _________________________ * Said financial statements foregoing, Tenant shall not be required to be dated more recently than indemnify or release Landlord for bodily injury to persons to the calendar quarter prior to extent such injury is directly caused by or results from Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable gross negligence or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord's approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or termination of this Leasewillful misconduct.

Appears in 1 contract

Samples: I Lease (American Ecology Corp)

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend defend, and hold Landlord harmless from and against: (i) any and an claimsRemedial Work required under any Environmental Law or by any Governmental Agency in the Premises due to the activities of Tenant and/or its agents, judgmentsindependent contractors, damagesrepresentatives and/or employees or with respect to any activities of Tenant and/or its agents, penaltiesindependent contractors, fines, costs, liabilities or losses (including, without limitation, diminution representatives and/or employees in value of the Property, damages (ii) any breach of this Paragraph 9 of this Lease; and (iii) any claims of third parties for loss, injury, expense, or damage arising out of the loss presence, release, or restriction on use discharge of _________________________ * Said financial statements any Hazardous Materials on, under, in, above, to, or from the Premises, or in the Property if due to the activities of Tenant. In the event any Remedial Work is so required under any applicable federal, state, or local law, rule, regulation or order due to the activities of Tenant and/or its agents, independent contractors, representatives and/or employees, Tenant shall not be required promptly perform or cause to be dated more recently than performed such Remedial Work in compliance with such law, rule, regulation, or order. In the calendar quarter prior event Tenant shall fail to commence the Remedial Work in a timely fashion, or shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute an event of default on the part of Tenant under the terms of this Lease, and Landlord's request, in addition to any other rights or remedies afforded it hereunder, may, but shall not be dated later than a year prior obligated to, cause the Remedial Work to said request. Landlord shall keep Tenant's financial statements confidential be performed, and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial work, removal or restoration work required by any Federal, State or local government agency because of Hazardous Materials present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazardous Materials on the Property (or any other property) caused or permitted by Tenant results in any contamination of the Property, Tenant shall promptly take reimburse Landlord for any and all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materialscosts and expenses, provided that Landlord's approval of such actions is first obtainedincluding attorneys fees, related thereto upon demand. The foregoing indemnity This provision shall expressly survive the expiration or earlier termination of this the Lease. Landlord and Landlord's representatives are authorized to enter the Premises at any time to inspect the Remedial Work. Tenant shall keep Landlord apprised of all efforts to perform the Remedial Work and shall provide Landlord with copies of all correspondence, reports, or other documents pertaining to the Remedial Work within 48 hours of Tenant's receipt of such documentation.

Appears in 1 contract

Samples: Lease Agreement (Labone Inc/)

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