Common use of Cleanup Costs, Default and Indemnification Clause in Contracts

Cleanup Costs, Default and Indemnification. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building, whether or not consented to by Landlord. Tenant shall indemnify, defend and hold Landlord harmless from any and all of the costs, fees, penalties, liabilities and charges incurred by, assessed against or imposed upon Landlord (as well as Landlord’s attorneys’ fees and costs) as a result of Tenant’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances. Landlord shall be fully and completely liable to Tenant for any and all cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Landlord’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building, or Project, whether or not consented to by Tenant. Landlord shall defend, indemnify and hold Tenant harmless from any and all of the costs, fees, penalties, liabilities and charges incurred by, assessed against or imposed upon Tenant (as well as Tenant’s attorneys’ fees and costs) as a result of Landlord’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances.

Cleanup Costs, Default and Indemnification. (a) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, treatment, generation, storage generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building or Building, whether or not consented to by Landlord. Property. (b) Tenant shall fully indemnify, defend and hold save Landlord and Landlord’s lender, if any, harmless from any and all of the costs, fees, penalties, liabilities penalties and charges incurred by, assessed against or imposed upon Landlord (as well as Landlord’s and Landlord’s lender’s attorneys’ fees and costs) as a a. result of Tenant’s use, disposal, transportation, treatment, generation, storage generation and/or sale of Hazardous Substances. Landlord shall be fully and completely liable to Tenant for any and all cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Landlord’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances, in Substances on or about the Premises. The foregoing indemnity shall not include, Common Areasand Tenant shall have no liability whatsoever for, Buildingany Hazardous Substances that were located on or about the Premises or the Building on, or Projectbefore, whether the Commencement Date, nor any Hazardous Materials placed on or not consented about the Premises or the Building by Landlord, its employees, agents or contractors, or by any other tenant. (c) Upon Tenant’s default under this Section 24 beyond any applicable notice and cure period, in addition to by Tenant. the rights and remedies set forth elsewhere in this Lease, Landlord shall defendbe entitled to the following rights and remedies: (i) at Landlord’s option, indemnify and hold Tenant harmless from to terminate this lease immediately; and/or (ii) to recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the costsBuilding or Property, fees, penalties, liabilities any and charges incurred by, assessed against or imposed upon Tenant (as well as Tenantall damages and claims asserted by third parties and Landlord’s attorneys’ attorney’s fees and costs) as a result of Landlord’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances.

Cleanup Costs, Default and Indemnification. (1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s 's use, disposal, transportation, treatment, generation, storage generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building, whether or not consented to by Landlord. . (2) Tenant shall indemnify, defend and hold save Landlord and Landlord's lender, if any, harmless from any and all of the costs▇▇▇▇▇, fees, penalties, liabilities penalties and charges incurred by, assessed against or imposed upon Landlord (as well as Landlord’s 's and Landlord's lender's attorneys’ ' fees and costs) as a result ▇▇ ▇ ▇▇▇ult of Tenant’s 's use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances. Landlord shall be fully and completely liable to Tenant for any and all cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Landlord’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building, or Project, whether or not consented to by Tenant. Landlord shall defend, indemnify and hold Tenant harmless from any and all of the costs, fees, penalties, liabilities and charges incurred by, assessed against or imposed upon Tenant (as well as Tenant’s attorneys’ fees and costs) as a result of Landlord’s use, disposal, transportation, treatment, generation, storage generation and/or sale of Hazardous Substances. (3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (i) At Landlord's option, to terminate this Lease immediately; and/or (ii) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties and Landlord's attorneys' fees and costs. LANDLORD'S REPRESENTATIONS ▇▇▇▇▇▇▇NG HAZARDOUS WASTE. To the best of Landlord's actual knowledge, no Hazardous Substances are or have been in the past generated, treated, stored or discharged on or at the Premises or Building except in accordance with applicable laws. Landlord shall be solely responsible, at Landlord's expense, for remediating any Hazardous Substances present in the Building as of the Commencement Date that are in violation of any federal, state or local building law as then in effect and interpreted and shall be responsible at its expense for defending any governmental action alleging such violation (provided that this obligation shall not apply to any substances introduced to the Building by Tenant, its agents, employees or contractors).

Cleanup Costs, Default and Indemnification. 1) Tenant shall be fully and completely liable to Landlord for any and all cleanup costs costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s 's use, disposal, transportation, treatment, generation, storage generation and/or sale of Hazardous Substances, in or about the Premises, Common Areas, or Building, whether or not consented to by Landlord. . 2) Tenant shall indemnify, defend and hold save Landlord and Landlord's lender, if any, harmless from any and all of the costs, fees, penalties, liabilities penalties and charges incurred by, assessed against or imposed upon Landlord (as well as Landlord’s 's and Landlord's lender's reasonable attorneys’ ' fees and costs) as a result of Tenant’s 's use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances. Landlord shall be fully and completely liable to Tenant for any and all cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Landlord’s use, disposal, transportation, treatment, generation, storage and/or sale of Hazardous Substances, in or about the Premises, Common Areas, Building, or Project, whether or not consented to by Tenant. Landlord shall defend, indemnify and hold Tenant harmless from any and all of the costs, fees, penalties, liabilities and charges incurred by, assessed against or imposed upon Tenant (as well as Tenant’s attorneys’ fees and costs) as a result of Landlord’s use, disposal, transportation, treatment, generation, storage generation and/or sale of Hazardous Substances. 3) Upon Tenant's default under this Section 8, in addition to the rights and remedies set forth elsewhere in this Lease, Landlord shall be entitled to the following rights and remedies: (a) In the event of a threat of damage to persons or property that Tenant does not commence to cure within twenty-four (24) hours of notice from Landlord (or such shorter time as is reasonably required in an emergency), and/or if Tenant fails to continue such cure using best available technology, then Landlord may terminate this Lease; and/or (b) To recover any and all damages associated with the default, including, but not limited to cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by Landlord and other tenants of the Building, any and all damages and claims asserted by third parties and Landlord's reasonable attorneys' fees and costs.