Common use of Obligation and Indemnity Clause in Contracts

Obligation and Indemnity. (a) Tenant shall (x) not cause or permit any Hazardous Material (as such term is hereinafter defined) to be brought upon, kept or used in or about the Demised Premises by Tenant, its subtenants agents, employees, contractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold or delay as long as Tenant (i) continues occupying the Demised Premises for the specific purposes and uses permitted hereunder, (ii) demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary for the normal conduct of Tenant's business and (iii) demonstrates to Landlord's reasonable satisfaction that the Hazardous Material will be used, kept, stored and disposed of in a manner that complies with all Legal Requirements and the requirements of any insurance company insuring the Building regulating any such Hazardous Material so brought upon or used or kept in or about the Demised Premises during the term of this Lease) and (y) in the event that Landlord grants its consent to Tenant to use and store Hazardous Material pursuant to (x) above then Tenant covenants that (i) the Hazardous Material will be used, kept, stored and disposed of in a manner that complies with all Legal Requirements regulating the use, storage and disposal of Hazardous Material and (ii) Tenant shall discontinue such use and storage of Hazardous Material when such Hazardous Material is no longer necessary for normal conduct of Tenant's business. Notwithstanding the preceding sentence Tenant shall not generate, manufacture or produce any Hazardous Material on the Demised Premises. If Tenant breaches the obligations stated in the preceding sentences, or if the presence of Hazardous Material on or about the Demised Premises during the Term of the Lease results in contamination of the Building or any surrounding properties or any water supplies, or if the presence of such Hazardous Material injures or kills any person or damages any property of any person or entity, Tenant shall indemnify, defend and hold Landlord and ▇▇▇ harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, any third party claims, the cost of any required or necessary repair, clean-up and detoxification and all amounts expended to pay for any settlement of claims or threatened claims, reasonable attorneys' fees and expenses, consultant fees and expert fees) which arise during or after the Term of this Lease as a result of such contamination. Without limiting the foregoing, if the presence of any Hazardous Material on or about the Demised Premises caused or permitted by Tenant results in any contamination of the Building, any surrounding areas or any water supplies, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building, any surrounding properties or any water supplies, to the condition existing prior to the introduction of such Hazardous Material to them; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld or delayed so long as such actions would not potentially have any material adverse long-term or short-term effect on the Building. Notwithstanding anything contained in the preceding paragraph Tenant shall not be required to obtain Landlord's prior consent to use, handle, store or dispose of products containing small quantities of Hazardous Material, which products are of a type customarily found in First-Class Office Buildings (such as aerosol cans containing insecticides, toner for copies, paints or paint remover), provided that Tenant shall handle, store, use and dispose of any such Hazardous Material in a safe and lawful manner and shall not allow such Hazardous Material to contaminate the Building or the equipment.

Obligation and Indemnity. Subtenant shall (a) Tenant shall (x) not cause or permit any Hazardous Material (as such term is hereinafter defined) to be brought upon, kept or used in or about the Demised Premises Leaseback Space by TenantSubtenant, its subtenants agents, employees, contractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold or delay as long as Tenant (i) continues occupying the Demised Premises for the specific purposes and uses permitted hereunder, (ii) demonstrates to Landlord's reasonable satisfaction that unless such Hazardous Material is necessary for the normal conduct of TenantSubtenant's business and (iii) demonstrates to Landlord's reasonable satisfaction that the Hazardous Material will be used, kept, stored and disposed of in a manner that complies with all Legal Requirements and the requirements of any insurance company insuring the Building Leaseback Space regulating any such Hazardous Material so brought upon or used or kept in or about the Demised Premises Leaseback Space during the term of this Lease) and (y) in the event that Landlord grants its consent to Tenant to use and store Hazardous Material pursuant to (x) above then Tenant Sublease Term. Subtenant hereby covenants that (i) the Hazardous Material will be used, kept, stored and disposed of in a manner that complies with all Legal Requirements regulating the use, storage and disposal of Hazardous Material and (ii) Tenant Subtenant shall discontinue such use and storage of Hazardous Material when such Hazardous Material is no longer necessary for normal conduct of TenantSubtenant's business. Notwithstanding the preceding sentence Tenant Subtenant shall not generate, manufacture or produce any Hazardous Material on the Demised PremisesLeaseback Space. If Tenant Subtenant breaches the obligations stated in the preceding sentences, or if the presence of Hazardous Material on or about the Demised Premises Leaseback Space during the Sublease Term of the Lease results in contamination of the Building Leaseback Space or any surrounding properties or any water supplies, or if the presence of such Hazardous Material injures or kills any person or damages any property of any person or entity, Tenant Subtenant shall indemnify, defend and hold Landlord and ▇▇▇ Sublandlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, any third party claims, the cost of any required or necessary repair, clean-up and detoxification and all amounts expended to pay for any settlement of claims or threatened claims, reasonable attorneys' fees and expenses, consultant fees and expert fees) which arise during or after the Sublease Term of this Lease as a result of such contamination. Without limiting the foregoing, if the presence of any Hazardous Material on or about the Demised Premises Leaseback Space caused or permitted by Tenant Subtenant results in any contamination of the BuildingLeaseback Space, any surrounding areas or any water supplies, Tenant Subtenant shall promptly take all actions at its sole expense as are necessary to return the BuildingLeaseback Space, any surrounding properties or any water supplies, to the condition existing prior to the introduction of such Hazardous Material to them; provided that LandlordSublandlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld or delayed so long as such actions would not potentially have any material adverse long-term or short-term effect on the Buildingdelayed. Notwithstanding anything contained in the preceding paragraph Tenant Subtenant shall not be required to obtain Landlord's prior consent allowed to use, handle, store or dispose of products containing small quantities of Hazardous Material, which products are of a type customarily found in First-Class Office Buildings offices and households (such as aerosol cans containing insecticides, toner for copies, paints or paint remover), provided that Tenant Subtenant shall handle, store, use and dispose of any such Hazardous Material in a safe and lawful manner and shall not allow such Hazardous Material to contaminate the Building or the equipmentLeaseback Space.

Obligation and Indemnity. (a) Tenant shall (xa) not cause or permit any Hazardous Material (as such term is hereinafter defined) to be brought upon, kept or used in or about the Demised Premises by Tenant, its subtenants agents, employees, contractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold or delay as long as Tenant (i) continues occupying the Demised Premises for the specific purposes and uses permitted hereunder, (ii) demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary for the normal conduct of Tenant's business and (iii) demonstrates to Landlord's reasonable satisfaction that the Hazardous Material will be used, kept, stored and disposed of in a manner that complies with all Legal Requirements and the requirements of any insurance company insuring the Building Demised Premises regulating any such Hazardous Material so brought upon or used or kept in or about the Demised Premises during the term of this Lease) and (yb) in the event that Landlord grants its consent to Tenant to use and store Hazardous Material pursuant to (xa) above then Tenant covenants that (i) the Hazardous Material will be used, kept, stored and disposed of in a manner that complies with all Legal Requirements regulating the use, storage and disposal of Hazardous Material and (ii) Tenant shall discontinue such use and storage of Hazardous Material when such Hazardous Material is no longer necessary for normal conduct of Tenant's business. Notwithstanding the preceding sentence Tenant shall not generate, manufacture or produce any Hazardous Material on the Demised Premises. If Tenant breaches the obligations stated in the preceding sentences, or if the presence of Hazardous Material on or about the Demised Premises during the Term of the Lease results in contamination of the Building Demised Premises or any surrounding properties or any water supplies, or if the presence of such Hazardous Material injures or kills any person or damages any property of any person or entity, Tenant shall indemnify, defend and hold Landlord and ▇▇▇ harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, any third party claims, the cost of any required or necessary repair, clean-up and detoxification and all amounts expended to pay for any settlement of claims or threatened claims, reasonable attorneys' fees and expenses, consultant fees and expert fees) which arise during or after the Term of this Lease as a result of such contamination. Without limiting the foregoing, if the presence of any Hazardous Material on or about the Demised Premises caused or permitted by Tenant results in any contamination of the BuildingDemised Premises, any surrounding areas or any water supplies, Tenant shall promptly take all actions at its sole expense as are necessary to return the BuildingDemised Premises, any surrounding properties or any water supplies, to the condition existing prior to the introduction of such Hazardous Material to them; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld or delayed so long as such actions would not potentially have any material adverse long-term or short-term effect on the BuildingDemised Premises contained therein. Notwithstanding anything contained in the preceding paragraph Tenant shall not be required to obtain Landlord's prior consent to use, handle, store or dispose of products containing small quantities of Hazardous Material, which products are of a type customarily found in First-Class Office Buildings (such as aerosol cans containing insecticides, toner for copies, paints or paint remover), provided that Tenant shall handle, store, use and dispose of any such Hazardous Material in a safe and lawful manner and shall not allow such Hazardous Material to contaminate the Building Demised Premises or the equipment.