Hazardous Materials and Differing Site Conditions Sample Clauses

Hazardous Materials and Differing Site Conditions. Company hereby acknowledges that it has been given reasonable access to the Property for the purpose of inspecting the condition of the Property, including subsurface conditions, soils conditions, and the presence of Hazardous Materials. The MSB has had a Phase I Environmental assessment conducted on the Property and shall only bear the risk of differing conditions related to Hazardous Material existing on the property in the lease area prior to and as of the date of this Agreement. If the Company utilizes property outside of the lease area the Company bears all of the risk associated with differing site conditions related to Hazardous Materials. 5.14.1. Upon encountering any Hazardous Materials on the Property, Company will stop the Work immediately in the affected area and notify the MSB in writing. 5.14.2. The Company will be obligated to resume the Work at the affected area of the Property only after MSB's and Company's consultants have confirmed that such Hazardous Materials have been removed or remediated by the MSB and all necessary approvals have been obtained from all applicable governmental entities having jurisdiction over the Property. 5.14.3. Company shall indemnify, defend and hold harmless MSB and MSB's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from (i) the presence or release of Hazardous Materials on, in or under the Property that were introduced to the Property by Company; (ii) the transportation, storage, use or disposal of any such Hazardous Materials by Company or its employees, agents, contractors or subcontractors; and (iii) all Hazardous Materials on the Property that are not the expressly made responsibility of the MSB under this Section 5.14.