TOXIC OR HAZARDOUS MATERIALS Clause Samples

TOXIC OR HAZARDOUS MATERIALS. Should Contractor or Contractor’s subcontractors or their employees encounters any toxic or potentially hazardous materials then Contractor shall immediately halt work until such time that Contracting Party causes such condition(s) to be remediated by properly licensed specialists. All costs for remediation of toxic, hazardous, or potentially hazardous materials shall be borne by Contracting Party as additional costs.

TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises without the prior written consent of Landlord. Tenant, at its sole cost, shall comply with all laws relating to Tenant's storage, use and disposal of hazardous or toxic materials. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the Tenant storage, use or disposal of any toxic or hazardous material in, on or about the Premises including, but not limited to, removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials on the Premises. Tenant's obligations under this paragraph shall survive the termination of this Lease.

TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use, or dispose of any toxic or hazardous materials in, on, or about the Leased Premises, without the prior written consent of Landlord. Tenant, at its sole cost, will comply with all laws relating to Tenant’s storage, use, and disposal of hazardous or toxic materials.

TOXIC OR HAZARDOUS MATERIALS. CRNF shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises in violation of any law without the prior written consent of CRRM. CRNF, at its sole cost, will comply with all laws relating to CRNF’s storage, use and disposal of hazardous or toxic materials. CRNF shall be solely responsible for and will defend, indemnify and hold CRRM, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney’s fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature affected, to their condition existing prior to contamination by CRNF, if and as may be required by applicable laws or regulations. CRNF’s obligations under this Section 14 will survive any expiration or termination of this Lease.

TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises without the prior written consent of Landlord. Tenant, at its sole cost, shall comply with all laws relating to Tenant’s storage, use and disposal of hazardous or toxic materials. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney’s fees and costs, arising out of or in connection with Tenant’s storage, use or disposal of any toxic or hazardous material in, on or about the Premises including, but not limited to, removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials on the Premises. Tenant’s obligations under this paragraph shall survive the termination of this Lease. As of the signing of this Lease, Landlord is unaware of any environmental, toxic or hazardous materials in, on or about the Premises. Landlord has provided Tenant with a copy of all tests and reports that Landlord has conducted prior to the date of this Lease which relate to the existence of Hazardous Materials on or about the Premises. Notwithstanding the foregoing or anything to the contrary contained herein, Landlord hereby acknowledges and agrees that financial exposure of the Tenant, City of Fishers, or other governmental bodies affiliated with the City of Fishers and/or Tenant for certain claims is limited by the Indiana Tort Claims Act, and any such party’s obligation to indemnify and save Landlord, its agents, and employees harmless from and against any and all claims, damages, demands, penalties, costs, liabilities, losses, and expenses (including reasonable attorneys' fees and expenses at the trial and appellate levels) arising out of or related to claims subject to the Indiana Tort Claims Act shall be limited to the amount of damages available pursuant to Ind. Code § 34-13-3-4, as amended

TOXIC OR HAZARDOUS MATERIALS. Without limiting the generality of Section 6.2 above or Section 7.1 below, Tenant further agrees to comply with all laws relating to the storage, handling, use and disposal of toxic or hazardous materials on or about the Premises by Tenant or its agents, employees, contractors or subtenants and shall indemnify and hold Landlord harmless from and against all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with (a) any toxic or hazardous substances located, stored, handled, used or released at or in the Premises by Tenant or its agents, employees, contractors or subtenants during the term of this Lease or for any longer period Tenant may occupy the Premises (including, without limitation, during Tenant's possession pursuant to the Existing Lease), or (b) the removal or clean-up of toxic or hazardous materials on the Premises caused by Tenant or its agents, employees, contractors or subcontractors and restoration of the Premises to their condition prior to the storage, use or disposal of such toxic or hazardous materials by Tenant. Nothing herein is intended to limit or impair Tenant's obligations with respect to toxic or hazardous substances under the Existing Lease. (1) It is understood that under no circumstances shall Tenant be liable for any losses, costs, claims, liabilities or damages (including attorneys' and consultants' fees) of any type or nature, arising out of or in connection with any hazardous or toxic substances present at any time on or about the Premises (including without limitation substances or contaminated groundwater migrating onto or under the Premises from any off-site source), or the violation of any environmental laws, except to the extent that any such loss, cost, claim, liability or damage results from (i) the transportation, use, storage, handling, release or disposal of hazardous or toxic substances by Tenant or its agents, employees, contractors or subtenants on or about the Premises, or (ii) the breach of this Lease or the Master Lease or the violation of any environmental law by Tenant or its agents, employees, contractors or subtenants; and also except to the extent that Tenant has responsibility for or in connection with such hazardous or toxic substance under the Existing Lease. Landlord shall indemnify, defend and hold harmless Tenant, its officers, directors, employees, agents, successor and assigns from and against all damages (including investigation and remedial cost...

TOXIC OR HAZARDOUS MATERIALS. Lessee shall not use, store or release onto the premises, or Lessor’s property, or adjacent or adjoining properties, or public property, or into sewers or drains within or outside the premises, any toxic or hazardous substances or materials, or other contaminants specifically prohibited, controlled or governed by local, state and/or federal laws. Lessee shall have the sole responsibility to detect and monitor the presence of any such toxic or hazardous substances or materials, or contaminants within the premises, and, in the event any such contamination is found within the premises, Lessee shall immediately (1) give written notice to Lessor and all appropriate governmental agencies of such contamination, together with written reports from environmental consultants or experts on the nature and extent of such contamination; and thereafter, without delay, (2) submit a remediation plan prepared or endorsed by a licensed environmental consultant or expert for approval of Lessor and all appropriate governmental agencies; (3) clean up the contaminants and remediate the premises, and all adjacent and adjoining property affected or contaminated, whether in whole or in part, by the contaminants released from the premises, at Lessee’s sole cost and expense in strict compliance with the remediation plan approved by Lessor and appropriate governmental agencies; (4) continue monitoring the premises and the affected adjacent or adjoining property for contaminants after remediation and perform all other clean up or remediation work or obligations directed or required by any governmental agency at Lessee’s sole cost and expense; and (5) procure a written release or confirmation from appropriate governmental agencies indicating that the premises, and all other property affected by the contamination, have been fully remediated and that no further action for the clean up or remediation of the premises, or the affected adjoining or adjacent property, is required. To avoid the spreading of contamination, or further contamination, Lessee acknowledges specifically that time is of the essence for Lessee’s performance of each of the foregoing acts in the event of discovery of contamination. Not withstanding of any provisions or elsewhere in this lease, Lessee’s veterinary clinic operation shall comply with all laws and regulations in accordance with prudent veterinarian practices relating to storage, use, transport and disposal of any medical and/or bio-waste, prescription drugs an...

TOXIC OR HAZARDOUS MATERIALS. The parties acknowledge that there are recognized environmental conditions on the Property. The Purchasers may, at their expense, obtain Phase I and II environmental audits, a baseline environmental assessment and a due-care plan for recognized environmental conditions. At Closing, the Purchasers will take the Property “as-is” except that Seller shall remain liable to all local, state and federal authorities with regards to the recognized environmental conditions and other unknown environmental conditions on and/or in the Property.

TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any toxic or hazardous materials in, on or about the Premises without the prior written consent of Landlord. Tenant, at its sole cost, will comply with all laws relating to Tenant's storage, use and disposal of hazardous or toxic materials. Tenant shall be solely responsible for and will defend, indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials on the Premises. Tenant's obligations under this paragraph will survive the termination of this Lease. Any party to this Lease through whom a claim to any broker's, finder's or other fee is made, contrary to the representations made above in this paragraph, shall indemnify, defend and hold harmless the other party to this Lease from any other loss, liability, damage, cost or expense including, without limitation, reasonable attorney's fees, court costs and other legal expenses paid or incurred by the other party, that is in any way related to such a claim.