Cleanup Costs, Default and Indemnification. The Company will be fully and completely liable for any and all cleanup costs, and any and all other charges, fees, and penalties (civil and criminal) imposed by any government authority with respect to the Company's use, disposal, transportation, generation, or sale of Hazardous Materials, in, on, under, or about the Entertainment Center. If the Company breaches its obligations under this section and such breach is not cured following notice and within the applicable cure period, the City may take any and all action reasonably appropriate to remedy such breach, including taking all appropriate action to clean up or remediate any contamination resulting from the Company's use, generation, storage, or disposal of Hazardous Materials in violation of the provisions of this Lease, and the Company will promptly pay all reasonable out-of-pocket costs incurred by the City in connection therewith. The Company will defend, indemnify, and hold harmless the City, its officers, agents, employees, and councilmembers, from and against any and all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including reasonable out-of-pocket Legal Costs of clean up and remediation) arising from the Company's failure to comply with the provisions of this section. This indemnity provision shall survive termination or expiration of this Lease or the Company's right of possession hereunder, even if the City's knowledge of any breach by the Company of the Company's obligations under this section first arises after the expiration or termination of the Lease Term.
Appears in 1 contract
Sources: Entertainment Center Lease Agreement
Cleanup Costs, Default and Indemnification. The Company will be fully and completely liable for any and all cleanup costs, and any and all other charges, fees, and penalties (civil and criminal) imposed by any government authority with respect to the Company’'s use, disposal, transportation, generation, or sale of Hazardous Materials, in, on, under, or about the Entertainment Center. If the Company breaches its obligations under this section and such breach is not cured following notice and within the applicable cure period, the City may take any and all action reasonably appropriate to remedy such breach, including taking all appropriate action to clean up or remediate any contamination resulting from the Company’'s use, generation, storage, or disposal of Hazardous Materials in violation of the provisions of this Lease, and the Company will promptly pay all reasonable out-of-pocket costs incurred by the City in connection therewith. The Company will defend, indemnify, and hold harmless the City, its officers, agents, employees, and councilmembers, from and against any and all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including reasonable out-of-pocket Legal Costs of clean up and remediation) arising from the Company’'s failure to comply with the provisions of this section. This indemnity provision shall survive termination or expiration of this Lease or the Company’'s right of possession hereunder, even if the City’'s knowledge of any breach by the Company of the Company’'s obligations under this section first arises after the expiration or termination of the Lease Term.
Appears in 1 contract
Sources: Entertainment Center Lease Agreement