Hazardous Substances Claims means (i) any actual, alleged or threatened Hazardous Substances Discharge; (ii) any and all enforcement, cleanup, removal, mitigation, remediation or other government actions instituted, contemplated or threatened pursuant to Environmental Law affecting the Company-Owned Site; and (iii) all claims made or threatened by any third party against Seller or the Company-Owned Site relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Substances.
Hazardous Substances Claims means any and all enforcement, clean-up, removal, remedial or other governmental or regulatory actions, agreements or orders threatened in writing, instituted or completed pursuant to any Environmental Laws and any and all other actions, proceedings, claims, written demands or causes of action, whether meritorious or not (including, without limitation, third party claims for contribution, indemnity, personal injury or real or personal property damage), that, in each case, relate to, arise from or are based, in whole or in part, on the occurrence or alleged occurrence of any violation or alleged violation of or responsibility under any applicable Environmental Law relating to the Premises and/or the Building or to the ownership, use, occupation or operation thereof. The term “Environmental Laws” shall mean any and all present and future federal, state and local laws (whether under common law, statute, ordinance, rule, regulation or otherwise), court or administrative orders or decrees, requirements of permits issued with respect thereto, and other requirements of governmental authorities having jurisdiction over the Premises and/or the Building relating to protection of the environment, to public health and safety or any Hazardous Substances (including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §§ 9601, et seq., as heretofore or hereafter amended from time to time).
Hazardous Substances Claims means (a) any actual, alleged or threatened Hazardous Substances Discharge; (b) any and all enforcement, cleanup, removal, mitigation, remediation or other Government actions instituted, contemplated or threatened pursuant to Environmental Law affecting the Premises; and (c) all claims made or threatened by any third party against Tenant or the Premises relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Substances.
Examples of Hazardous Substances Claims in a sentence
Seller shall immediately notify Company of: (i) any Hazardous Substances Claims (hereinafter defined); or (ii) Seller’s discovery of any occurrence or condition of the Company-Owned Site which could subject Seller or Company to any liability, or restrictions on ownership, occupancy, transferability or use of the Company-Owned Site under any Environmental Law.
Seller shall be solely responsible for and shall indemnify Company against any Hazardous Substances Claims, including: (i) the costs of any required or necessary removal, repair, cleanup or remediation of the Company-Owned Site, and the preparation and implementation of any closure, removal, remedial or other required plans; and (ii) all reasonable costs and expenses incurred by Company in connection therewith, including legal costs.
Seller shall not enter into any legal proceeding or other action, settlement, consent decree or other compromise with respect to any Hazardous Substances Claims without first notifying Company of Seller’s intention to do so and affording Company the opportunity to join and participate as a party if Company so elects in such proceedings.
Tenant shall not enter into any legal proceeding or other action, settlement, consent decree or other compromise with respect to any Hazardous Substances Claims without first notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to join and participate, as a party if Landlord so elects, in such proceedings and in no event shall Tenant enter into any agreements which are binding on Landlord or the Property without Landlord’s prior written consent.
Tenant shall promptly forward to Landlord copies of all orders, notices, permits, applications and other communications and reports in connection with any Hazardous Substances Claims.
More Definitions of Hazardous Substances Claims
Hazardous Substances Claims. Section 8.2.13 "Indemnified Parties" Section 11.19 "Initial Payment" Section 11.2.1 "Initial Payment Notice" Section 11.3.1 "Interest Period Commencement Date" Section 4.2 "IRS" Section 7.12.2 "LC Advance Amount" Section 11.3.3 "LC Commitment Amount" Section 3.1 "LC Notice of Advance" Section 11.3.3 "Letter of Credit" Section 3 "Letter of Credit Fee" Section 3.7 "Letter of Credit Fee Policy" Section 3.7
Hazardous Substances Claims has the meaning set forth in Section 9.4.1.
Hazardous Substances Claims means any and all enforcement, clean-up, removal, remedial or other governmental or regulatory actions,
Hazardous Substances Claims means any and all enforcement, clean-up, removal, remedial or other governmental or regulatory actions, agreements or orders threatened in writing, instituted or completed pursuant to any Environmental Laws and any and all other actions, proceedings, claims, written demands or causes of action, whether meritorious or not (including, without limitation, third party claims for contribution, indemnity, personal injury or real or personal property damage), that, in each case, relate to, arise from or are based, in whole or in part, on the occurrence or alleged occurrence of any violation or alleged violation of or responsibility under any applicable Environmental Law relating to the Premises and/or the Building or to the ownership, use, occupation or operation thereof. The term "Environmental Laws" shall mean any and all present and future federal, state and local laws (whether under common law, statute, ordinance, rule, regulation or otherwise), court or administrative orders or decrees, requirements of permits issued with respect thereto, and other requirements of governmental authorities having jurisdiction over the Premises and/or the Building relating to protection of the environment, to public health and safety or any Hazardous Substances (including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601, et seq., as heretofore or hereafter amended from time to time). However, the foregoing shall not be deemed to restrict (a) the normal and reasonable use of fuels, lubricants, pesticides, cleaning materials, paint and paint thinners, asphalt, caulks and other chemicals commonly used in copy machines, computers, word processing equipment and other business machines typically found in first-class offices and (b) the normal and reasonable use of materials customarily used in the cleaning and operation of first-class office buildings in midtown Manhattan, provided in all events that the same are used, handled and stored in accordance with all applicable legal requirements. Landlord represents and warrants that the Premises does not currently contain an Hazardous Substances (including mold). Notwithstanding anything to the contrary contained in this Article 40, Tenant shall not be liable for Hazardous Substances present in the Premises as of the Commencement Date, except to the extent that such Hazardous Substances were properly contained or encapsulated as of the Commencement Date bu...
Hazardous Substances Claims. Section 8.2.13 "Indemnified Parties" Section 11.19 "Initial Payment" Section 11.2.1 "Initial Payment Notice" Section 11.3.1 "Interest Period Commencement Date" Section 4.2 "IRS" Section 7.12.2 "LC Advance Amount" Section 11.3.2 "LC Commitment Amount" Section 3.1 "LC Notice of Advance" Section 11.3.3 "Letter of Credit" Section 3 "Letter of Credit Fee" Section 3.7 "Letter of Credit Fee Policy" Section 3.7 "Libor Margin" Section 4.3 "Libor Rate" Section 4.2 "Libor Rate Request" Section 4.2 "Loan" Section 2 "Loan Advance Amount" Section 11.3.2 "Loan Documents" Section 6.1.3 "Loan Notice of Advance" Section 11.3.2 "Material Agreement" Section 7.8 "Maturity Date" Section 5.3 "Minimum Libor Prepayment" Section 5.4.3 "Minimum Prepayment Requirement" Section 5.4.3 "Minimum Variable Prepayment" Section 5.4.3 "Multiemployer Plan" Section 7.12.1 "Notes" Section 5.1 "Notice of Advance" Section 11.3.3 "Payment Account" Section 11.10 "Payment Distribution" Section 11.10 "Permitted Encumbrances" Section 7.3 "Permitted Indebtedness" Section 9.8 "Potential Default" Section 6.1.2 "Premises Section 7.15.1
Hazardous Substances Claims shall have the meaning set forth in Section 2.2(f) hereof.
Hazardous Substances Claims means any and all enforcement, clean-up, removal, remedial or other governmental or regulatory actions, agreements or orders threatened in writing, instituted or completed pursuant to any Environmental Laws and any and all other actions, proceedings, claims, written demands or causes of action, whether meritorious or not (including, without limitation, third party claims for contribution, indemnity, personal injury or real or personal property damage), that, in each case, relate to, arise from or are based, in whole or in part, on the occurrence or alleged occurrence of any violation or alleged violation of or responsibility under any applicable Environmental Law relating to the Premises and/or the Building or to the ownership, use, occupation or operation thereof. The term "Environmental Laws" shall mean any and all present and future federal, state and local laws (whether under common law, statute, ordinance, rule, regulation or otherwise), court or administrative orders or decrees, requirements of permits issued with respect thereto, and other requirements of governmental authorities having jurisdiction over the Premises and/or the Building relating to protection of the environment, to public health and safety or any Hazardous Substances (including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. '' 9601, et seq., as heretofore or hereafter amended from time to time). Notwithstanding the foregoing, Landlord hereby agrees to remove or remediate any Hazardous Substances in or about the Premises in compliance with Environmental Laws at Landlord's sole cost and expense, provided such Hazardous Substances are not brought onto the Building by Tenant or Tenant's agents, employees or contractors.