Common use of Tenant’s Liability Clause in Contracts

Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs and expense related to the use, storage and disposal of Hazardous Material kept on the Premises by Tenant, its employees, agents or contractors and Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of Section 19.2 above. Tenant shall defend, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of the acts or omissions of Tenant or its contractors or agents; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable thereto; and (e) a decrease in value of the Premises; (f) damages caused by loss or restriction of rentable or usable space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Material on the Premises. Tenant shall first obtain Landlord’s approval for any such remedial action, which approval shall not be unreasonably withheld, conditioned or delayed. The provisions of this Section 19.4 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease.

Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs During the Term of this Lease and expense related to any early entry onto the use, storage and disposal of Hazardous Material kept on the Premises Property by Tenant, its Tenant shall, at Tenant’s sole cost and expense, maintain in full force a policy or policies of commercial general liability insurance, rated A-VI or better in “Best Insurance Guide” and in the form customary to the locality in which the Property is located, insuring Tenant’s activities and those of Tenant’s employees, agents agents, licensees and invitees with respect to the Premises against loss, damage or contractors and Tenant shall give immediate notice to Landlord liability for personal injury or death of any violation person or potential violation loss or damage to property occurring in the Premises in amounts of not less than the greater of the provisions Commercial General Liability Policy Limits set forth in Section 1.01, and combined single occurrence limit for personal injury and property damage of Section 19.2 Five Million Dollars ($5,000,000). If Tenant has in full force and effect a blanket policy of liability insurance with the same coverage for the Property as described above. Tenant shall defend, indemnify as well as coverage of other premises and hold Landlord and its Agents harmless from and against any claimsproperties of Tenant, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in which Tenant has some interest, such blanket insurance shall satisfy the requirement hereof. Such insurance shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Tenant’s indemnity obligations under this Lease. All such policies shall provide that such coverage shall be primary and non-contributing and that any way related to insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain the following endorsements: (i) deleting any employee exclusion of personal injury coverage; (ii) including employees as additional insureds; (iii) providing for coverage of employer’s automobile non-ownership liability; (iv) deleting any liquor liability exclusion, (v) an “Additional Insured-Managers or Lessors of Premises Endorsement”, and first arising after the Commencement Date) (avi) the presence, disposal, release or threatened release of any Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result “Amendment of the acts Pollution Exclusion Endorsement” for damage caused by heat, smoke or omissions fumes from a hostile fire. All such insurance shall provide for severability of Tenant interests; shall provide that an act or its contractors omission of one of the named insureds shall not reduce or agents; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related avoid coverage to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Materialthe other named insureds; and (d) any violation of any laws applicable thereto; shall afford coverage for all claims based on acts, omissions, injury and (e) a decrease in value of the Premises; (f) damages caused by loss or restriction of rentable or usable space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Material on the Premises. Tenant shall first obtain Landlord’s approval for any such remedial actiondamage, which approval shall not be unreasonably withheld, conditioned claims occurred or delayed. The provisions arose (or the onset of this Section 19.4 shall be which occurred or arose) in addition to any other obligations and liabilities Tenant may have to Landlord at law whole or in equity and shall survive part during the transactions contemplated herein and shall survive the termination of this Leasepolicy period.

Tenant’s Liability. Tenant hereby agrees that it shall pay and discharge as they become due, promptly and before delinquency, all Taxes, assessments, License fees, and Government Authority Liens, charges or levies, excised or imposed, whether general or special, or ordinary or extra-ordinary, of every name, nature, and kind whatsoever, including all Government Authority charges of whatsoever name, nature, or kind, which may be fully liable for all costs and expense related to the uselevied, storage and disposal of Hazardous Material kept assessed, charged, or imposed, or which may become a Lien on or against the Premises (or really comprising a part thereof), or any part thereof, any building or buildings, or any other Improvements now or hereafter located thereon, or on or against Tenant’s leasehold estate hereby created which may be subject of taxation, or on or against Landlord by Tenant, its employees, agents or contractors and Tenant shall give immediate notice to Landlord of any violation or potential violation reason of the provisions ownership of Section 19.2 abovethe fee estate of the Premises underlying this Agreement, during the entire Term, excepting only the Excepted Taxes. Tenant shall defendSpecifically, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after limiting the Commencement Date) (a) the presence, disposal, release or threatened release of any Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of the acts or omissions of Tenant or its contractors or agents; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable thereto; and (e) a decrease in value of the Premises; (f) damages caused by loss or restriction of rentable or usable space. Without limitation generality of the foregoing, if Tenant shall pay all special assessments, and levies or charges made by any Government Authority for local improvements and shall pay the same in cash as they shall fall due and before they shall become delinquent and as required by the acts and proceedings by which any such assessments, levies or charges are made by any Government Authority. If the right is given to pay either in one (1) sum or installments, Tenant causes or permits the presence may elect either method of any Hazardous Materials payment and Tenant’s election to pay in installments shall be binding on the Premises which results Landlord. If by making such election to pay in contaminationinstallments, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Material on the Premises. Tenant shall first obtain Landlord’s approval for any such remedial action, which approval shall not be unreasonably withheld, conditioned or delayed. The provisions of this Section 19.4 installment shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein and shall survive payable after the termination of this LeaseAgreement, such unpaid installment shall be prorated as to the date of termination and amounts payable after such date shall be paid by the Landlord. All other Taxes and charges under this section shall be prorated at the commencement and expiration of the Term. Landlord shall take all reasonable steps to have future Tax bills sent directly to Tenant from the Person imposing or levying such charges. In the event the Person imposing or levying such charges will not send future Tax bills directly to Tenant, Landlord shall deliver same to Tenant upon receipt thereof. Tenant shall not be liable for any interest or penalties resulting from late payment in the event Landlord fails to deliver a Tax statement to Tenant at least thirty (30) days prior to a delinquency date. Tenant shall pay before delinquency all Taxes, assessments, License fees, and other charges that are levied and assessed against Tenant’s personal property installed or located in or on the Premises, that become payable during the Term.

Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs shall, at Tenant's sole cost and expense related expense, maintain in full force a policy or policies of commercial general liability insurance, written by an insurance company approved by Landlord and in the form customary to the uselocality in which the Property is located, storage insuring Tenant's activities and disposal those of Hazardous Material kept Tenant's employees, agents, licensees and invitees with respect to the Property against loss, damage or liability for personal injury or death of any person or loss or damage to property occurring on the Premises by Tenant, its employees, agents Property or contractors and Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of Section 19.2 above. Tenant shall defend, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of occupancy of the acts Property in amounts of not less than the greater of the Commercial General Liability Policy Limits set forth in Section 1.01, and combined single occurrence limit for personal injury and property damage of Two Million Dollars ($2,000,000). If Tenant has in full force and effect a blanket policy of liability insurance with the same coverage for the Property as described above, as well as coverage of other premises and properties of Tenant, or omissions in which Tenant has some interest, such blanket insurance shall satisfy the requirement hereof. Such insurance shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant or its contractors or agentsTenant's indemnity obligations under this Lease. All such policies shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain the following endorsements: (i) deleting any employee exclusion of personal injury coverage; (bii) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous Materialemployees as additional insureds; (ciii) providing for coverage of employer's automobile non-ownership liability; (iv) deleting any lawsuit brought liquor liability exclusion, (v) an "Additional Insured-Managers or threatenedLessors of Premises Endorsement", settlement reached and (vi) the "Amendment of the Pollution Exclusion Endorsement" for damage caused by heat, smoke or government order relating fumes from a hostile fire. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to such Hazardous Materialthe other named insureds; and (d) any violation of any laws applicable thereto; shall afford coverage for all claims based on acts, omissions, injury and (e) a decrease in value of the Premises; (f) damages caused by loss or restriction of rentable or usable space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Material on the Premises. Tenant shall first obtain Landlord’s approval for any such remedial actiondamage, which approval shall not be unreasonably withheld, conditioned claims occurred or delayed. The provisions arose (or the onset of this Section 19.4 shall be which occurred or arose) in addition to any other obligations and liabilities Tenant may have to Landlord at law whole or in equity and shall survive part during the transactions contemplated herein and shall survive the termination of this Leasepolicy period.

Tenant’s Liability. If this Lease or Tenant’s possessory interest pursuant thereto is terminated by Landlord pursuant to this ARTICLE 10, Tenant hereby agrees that it shall be fully remain liable for all costs Rent (including applicable Base Rent) due and expense related all damages which Landlord sustained to the usedate of such termination, storage and disposal of Hazardous Material kept on in connection with renting the Premises to others from time to time. If this Lease is terminated pursuant to this Article 10, Landlord shall attempt to relet the Premises or any part thereof, alone or together with other premises, for such period or periods (which may be greater or less than the period which otherwise would have constituted the balance of the Term) and on such terms and conditions (which may include concessions for free rent and alterations of the Premises) as Landlord, in its discretion, may determine, and Tenant’s obligations hereunder will be reduced by Tenantsuch reletting. Landlord shall be under no obligation to Tenant to take any action against any new tenant to enforce payment of any such rental, its employeesprovided that all costs, agents including but not limited to attorneys’ fees, incurred by Landlord in reletting the Premises and enforcing payment of any such rental shall be deducted from amounts otherwise reimbursable to Tenant hereunder to the extent not recovered from such new tenant. Suit or contractors suits for the recovery of the deficiency or damages referred to in this Article for any installment or installments of Rent due hereunder, or for a sum equal to any such installment or installments, may be brought by Landlord all at once or from time to time at Landlord’s election, and nothing in this Lease shall be deemed to require Landlord to await the date whereon this Lease or the Term hereof would have naturally expired had there been no such default by Tenant shall give immediate notice to or no such termination. The waiver by Landlord of any violation Event of Default or potential violation other breach of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent Event of Default or breach of the provisions of Section 19.2 abovesame or any other term, condition or covenant herein contained. Tenant shall defend, indemnify and hold The consent or approval by Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs to or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of the acts or omissions of act by Tenant or its contractors or agents; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable thereto; and (e) a decrease in value of the Premises; (f) damages caused by loss or restriction of rentable or usable space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Material on the Premises. Tenant shall first obtain requiring Landlord’s approval for any such remedial action, which consent or approval shall not be unreasonably withheld, conditioned deemed to waive or delayedrender unnecessary Landlord’s consent to or approval of any subsequent similar act by Tenant. The provisions receipt by Landlord of Rent after an Event of Default or other breach of any term, condition or covenant herein contained, or delay on the part of Landlord to enforce any right hereunder, shall not be deemed a waiver of forfeiture, or a waiver of the right of Landlord to terminate this Section 19.4 Lease or to reenter said Property or to re-let the same. No delay on Landlord’s part in exercising any right, power or privilege under this Lease shall be in addition to operate as a waiver of any other obligations and liabilities Tenant may have to Landlord at law such privilege, right or in equity and shall survive the transactions contemplated herein and shall survive the termination of this Leasepower.

Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs shall, at Tenant’s sole cost and expense related expense, procure and maintain in full force throughout the Term a policy or policies of commercial general liability insurance, written by an insurance company approved by Landlord meeting the requirements set forth in Section 6.07 below and in the form customary to the uselocality in which the Property is located, storage insuring Tenant’s activities and disposal those of Hazardous Material kept Tenant’s employees, agents, licensees and invitees with respect to the Property against loss, damage or liability for personal injury or death of any person or loss or damage to property occurring on the Premises by Tenant, its employees, agents Property or contractors and Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of Section 19.2 above. Tenant shall defend, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of occupancy of the acts Property in an aggregate amount not less than the Commercial General Liability Policy Limit set forth in Section 1.01, with a combined single occurrence limit for personal injury and property damage of Two Million Dollars ($2,000,000). If Tenant has in full force and effect a blanket policy of liability insurance with the same coverage for the Property as described above, as well as coverage of other premises and properties of Tenant, or omissions in which Tenant has some interest, such blanket insurance shall satisfy the requirement hereof. Such insurance shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Tenant or its contractors or agentsTenant’s indemnity obligations under this Lease. All such policies shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain the following endorsements: (i) deleting any employee exclusion of personal injury coverage; (bii) deleting any personal injury liquor liability exclusion, (including wrongful death)iii) an “Additional Insured-Managers or Lessors of Premises Endorsement”, property and (iv) the “Amendment of the Pollution Exclusion Endorsement” for damage (real caused by heat, smoke or personal) arising out fumes from a hostile fire. All such insurance shall provide for severability of interests; shall provide that an act or related omission of one of the named insureds shall not reduce or avoid coverage to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Materialthe other named insureds; and (d) any violation of any laws applicable thereto; shall afford coverage for all claims based on acts, omissions, injury and (e) a decrease in value of the Premises; (f) damages caused by loss or restriction of rentable or usable space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Material on the Premises. Tenant shall first obtain Landlord’s approval for any such remedial actiondamage, which approval shall not be unreasonably withheld, conditioned claims occurred or delayed. The provisions arose (or the onset of this Section 19.4 shall be which occurred or arose) in addition to any other obligations and liabilities Tenant may have to Landlord at law whole or in equity and shall survive part during the transactions contemplated herein and shall survive the termination of this Leasepolicy period.

Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs and expense related to the use, storage and disposal of Hazardous Material kept on the Premises by TenantProperty and/or Premises, its employees, agents or contractors and Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of Section 19.2 24.1 above. Tenant shall defend, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any such Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of the acts or omissions of Tenant or its contractors or agentsPremises; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable thereto; and (e) a decrease in value of the Property and/or Premises; , (f) damages caused by loss or restriction of rentable or usable space; and (g) damages caused by adverse impact on marketing of the space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Property and/or Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Property and/or Premises to the condition existing prior to the presence of any such Hazardous Material on the Property and/or Premises. Tenant shall first obtain Landlord’s approval for any such remedial action, which approval shall not be unreasonably withheld, conditioned or delayed. The provisions of this Section 19.4 24.3 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease.

Tenant’s Liability. Tenant hereby agrees that it shall be fully liable for all costs and expense related to the use, storage and disposal of Hazardous Material kept on the Property and/or Premises by TenantTenants, its employeesagents, agents or contractors employees and/or contractors, and Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of Section 19.2 24.1 above. Tenant shall defend, indemnify and hold Landlord and its Agents harmless from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including without limitation, attorneys’ and consultants’ fees, court costs and litigation expense) of whatever kind or nature, known or unknown contingent or otherwise, arising out of or in any way related to (and first arising after the Commencement Date) (a) the presence, disposal, release or threatened release of any such Hazardous Material by Tenant, its agents, employees and/or contractors, that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise located on or around the Premises as a result of the acts or omissions of Tenant or its contractors or agentsPremises; (b) any personal injury (including wrongful death), property damage (real or personal) arising out of or related to such Hazardous MaterialMaterial by Tenant, its agents, employees and/or contractors; (c) any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material; and (d) any violation of any laws applicable theretothereto by Tenant, its agents, employees and/or contractors; and (e) a decrease in value of the Property and/or Premises; , (f) damages caused by loss or restriction of rentable or usable space; and (g) damages caused by adverse impact on marketing of the space. Without limitation of the foregoing, if the Tenant causes or permits the presence of any Hazardous Materials on the Property and/or Premises which results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Property and/or Premises to the condition existing prior to the presence of any such Hazardous Material on the Property and/or Premises. Tenant shall first obtain Landlord’s approval for any such remedial action, which approval shall not be unreasonably withheld, conditioned or delayed. The provisions of this Section 19.4 24.3 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease.