Hazardous Materials Warranties and Indemnification Clause Samples

The Hazardous Materials Warranties and Indemnification clause establishes the obligations of one party to guarantee that no hazardous materials are present, used, or introduced in connection with the property or project, and to compensate the other party for any damages or liabilities arising from breaches of this warranty. Typically, this clause requires the warranting party to confirm compliance with environmental laws and to take responsibility for cleanup, remediation, or legal costs if hazardous substances are discovered. Its core function is to allocate risk and protect parties from environmental liabilities, ensuring that responsibility for hazardous materials is clearly defined and managed.
Hazardous Materials Warranties and Indemnification. (a) The Grantor shall comply with all the terms and provisions, if any, of the Subordinated Lien Debt Documents relating to Hazardous Materials, Environmental Laws or Environmental Liability (the “Hazardous Materials Provisions”). (b) The warranties, representations, covenants and indemnifications set forth in the Hazardous Materials Provisions shall survive the payment and performance of the Obligations and any exercise by Second Priority Collateral Agent of any remedies under this Deed of Trust, including without limitation, the power of sale, or any other remedy in the nature of foreclosure, and shall not merge with any deed given by Grantor to Second Priority Collateral Agent in lieu of foreclosure or any deed under a power of sale. (c) Without limiting the generality of the foregoing but subject to the terms of the Subordinated Lien Debt Documents and the Hazardous Materials Provisions, the Grantor, and the Property and all alterations thereof, shall comply in all material respects with all Governmental Approvals, Laws and Other Governmental Requirements, and Other Applicable Requirements now or hereafter in effect and applicable relating to the presence, abatement, removal, disposal, transportation or treatment of materials containing asbestos except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. The Second Priority Collateral Agent may (but shall not be obligated to), upon the occurrence and during the continuance of an Event of Default or upon a reasonable belief that asbestos or materials containing asbestos are located at the Real Property but not more frequently than once each 12-month period at the Grantor’s expense, subject to the terms of this Deed of Trust conduct such investigations as the Second Priority Collateral Agent deems reasonable to determine whether asbestos or materials containing asbestos are being released into the environment at the Property. Subject to the rights of tenants under the Leases and the provisions of the Subordinated Lien Debt Documents, the Grantor shall cooperate with the Second Priority Collateral Agent in conducting such investigations. The Second Priority Collateral Agent and its officers, employees, agents and contractors shall have and are hereby granted the right to enter upon the Property at reasonable times during normal business hours upon reasonable notice to Grantor for the foregoing purposes, and Grantor (and any ...
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Hazardous Materials Warranties and Indemnification 
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Related to Hazardous Materials Warranties and Indemnification

  • User Warranties and Indemnification You warrant to Credit Union that:

  • Warranties and Indemnification Employee warrants that he is not a party to any contract, restrictive covenant, or other agreement purporting to limit or otherwise adversely affecting his ability to secure employment with any third party. Alternatively, should any such agreement exist, Employee warrants that the contemplated services to be performed hereunder will not violate the terms and conditions of any such agreement. In either event, Employee agrees to fully indemnify and hold the Company harmless from any and all claims arising from, or involving the enforcement of, any such restrictive covenants or other agreements.

  • Representations Warranties and Indemnification You represent and warrant that: (i) You own or control all rights necessary to make the grant of rights, licenses, and permissions listed in Section 2, and that the exercise of such rights, licenses, and permissions shall not violate or infringe the rights of any third party, and (ii) any use of the Custom Codes shall be in accordance with the terms of this Exhibit C and shall not infringe any third party rights or violate any applicable laws, directives, rules, and regulations of any governmental authority in the Territory or anywhere else in the world. You agree to indemnify and hold Apple, its subsidiaries and affiliates (and their respective directors, officers, and employees) harmless from all losses, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) resulting from any claims, demands, actions, or other proceedings arising from a breach of the representations and warranties set for h in this Section, or a breach of any other term of the Agreement and this Schedule 1.

  • Intellectual Property Warranty and Indemnification Contractor represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Contract are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Contractor to produce, at Contractor’s own expense, new non-infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this contract infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claim of Infringement). If a Third Party Claim

  • Survival of Warranties and Indemnifications All warranties and indemnifications will survive the termination of this Agreement.