By Port. Subject to and without in any way limiting the provisions of Sections 5 and 10 of this Agreement, the Port shall pay, protect, pay the defense costs of, indemnify and hold the County and its successors and assigns harmless from and against any and all loss, liability, claim, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of the Port set forth in this Agreement; (b) the failure of the Port to perform any obligation required by this Agreement to be performed by the Port;
By Port. If there is an event of default under this Agreement by the Port, the County will be entitled to seek specific performance of the Port’s obligations under this Agreement, and shall further have the right to pursue any other remedies in law or equity.
By Port. If there is an event of default under this Agreement by the Port, the City will be entitled (a) to seek specific performance of the Port’s obligations under this Agreement or (b) to terminate this Agreement by written notice to the Port and Escrow Agent. If the City terminates this Agreement, all documents will be immediately returned to the party who deposited them, and neither party will have any further rights or obligations under this Agreement, except as otherwise provided in this Agreement, other than that the Port shall pay any costs of terminating the escrow.
By Port. Subject to and without in any way limiting the provisions of Paragraph 4 of this Agreement, the Port shall pay, protect, pay the defense costs of, indemnify and hold PSE and its successors and assigns harmless from and against any and all loss, liability, claim, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of the Port set forth in this Agreement; (b) the failure of the Port to perform any obligation required by this Agreement to be performed by the Port;
By Port. If there is an event of default under this Agreement by the Port, PSE will be entitled (a) to seek specific performance of the Port’s obligations under this Agreement or (b) to terminate this Agreement by written notice to the Port and Escrow Agent. If PSE terminates this Agreement, all documents will be immediately returned to the party who deposited them, and neither party will have any further rights or obligations under this Agreement, except as otherwise provided in this Agreement, other than that the Port shall pay any costs of terminating the escrow.
By Port. The Port shall obtain and keep in force during the Term of this Amended and Restated Agreement a “Special Extended” or “all risk” property insurance insuring loss or damage to the Premises. The policy shall include coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of the Premises including any undamaged sections of the Premises required to be demolished or removed by reason of the enforcement of any Legal Requirement as the result of a covered cause of loss. The amount of such insurance shall be equal to the full replacement cost of the Premises (or the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost).
By Port. The Port agrees to defend, indemnify and hold Tenant free and harmless from any and all claims, causes of action, regulatory demands, liabilities, fines, penalties, losses, and expenses, including without limitation cleanup or other remedial costs (and including attorneys’ fees, costs and all other reasonable litigation expenses when incurred and whether incurred in defense of actual litigation or in reasonable anticipation of litigation), arising from either the Preexisting Condition or the existence or discovery of any other Hazardous Substance either: (i) introduced to the Premises other than during the term of this Agreement (including this Amended and Restated Agreement), (ii) migrating to/from the Premises other than as a result of Tenant’s actions, or (iii) released on, about or adjacent to the Premises other than as a result of Tenant’s actions. The Port’s obligations under this Section shall survive the expiration or earlier termination of this Amended and Restated Agreement.
