Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If # Tenant breaches such obligation, # the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, # contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or any holding over by Tenant hereunder or # contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, then Tenant shall Indemnify the Landlord Indemnitees from and against any and all Claims of any kind or nature, including # diminution in value of the Project or any portion thereof, # damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, # damages arising from any adverse impact on marketing of space in the Project or any portion thereof and # sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Project. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party.
Prohibition/Compliance/lndemnity. Tenant shall not cause or permit any Hazardous Materials (as defined below)hereinafter defined) to be brought upon, kept or usedkept, used, stored, handled, treated, generated in or aboutabout, or released or disposed of from, the Premises, the BuildingPremises or the Project in violation of Applicable Lawsapplicable Environmental Requirements (as hereinafter defined) by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”).Tenant Party. If # Tenant breaches such obligation, #the obligation stated in the preceding sentence, or if the presence of Hazardous Materials as a result of such a breachin the Premises during the Term or any holding over results inIn contamination of the Project, any portion thereof,Premises, the Project or any adjacent property, #property or if contamination of the Premises, the Project or any adjacent property by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises by anyone other than Landlord and Landlords employees, agents and contractors otherwise occurs during the Term or any extension or renewal hereof or any holding over byover, Tenant hereunder or # contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, then Tenanthereby indemnifies and shall Indemnify the Landlord Indemniteesdefend and hold Landlord, its officers, directors, employees, agents and contractors harmless from and against any and all Claimsactions (including, without limitation, remedial or enforcement actions of any kindkind, administrative or nature, including #judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the ProjectPremises or the Project, or the loss of, or restriction on, use of the Premises or any portion thereof, # damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, # damages arising from any adverse impact on marketing of space in the Project or any portion thereofProject), expenses (including, without limitation, attorneys, consultants and # sumsexperts fees, court costs and amounts paid in settlement of Claims thatany claims or actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses (collectively, Environmental Claims) which arise before, during or after the Term as a result of such breach or contamination. This Indemnificationindemnification of Landlord by Tenant includesincludes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up,cleanup, treatment, remedial, removalremoval, or restoration work required by any federal, state or local Governmental Authority because of Hazardous Materials present in the air, soil or groundwaterground water above, on, or under or about the Project.Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or abouton the Project, any portion thereofPremises, the Building, the Project or any adjacent property caused or permitted by Tenant or any Tenant Party results in any contamination of the Project, any portion thereofPremises, the Building, the Project or any adjacent property, then Tenant shall promptly take all actions at its sole costexpense and expensein accordance with applicable Environmental Requirements as are necessary to return the Project, any portion thereofPremises, the Building, the Project or any adjacent property to its respectivethe condition existing prior to the time of such contamination;contamination, provided that Landlord’Landlords written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent ifwithheld so long as such actions couldwould not potentially have aany material adverse long-term or short-term effect on the Premises, the Building or the Project. Notwithstanding anything to the contrary contained in Section 28 and/or this Section 30. Tenant shall not be responsible for, and the indemnification and hold harmless obligation set forth in this paragraph shall not apply to # contamination in the Premises or the Project which Tenant can prove to Landlords reasonable satisfaction existed in the Premises or the Project immediately prior to the date of this Lease, or # the presence of any Hazardous Materials in the Premises or the Project which Tenant can prove to Landlords reasonable satisfaction migrated from outside of the Premises into the Premises or outside the Project into the Project, except to the extent in either case, the presence of such Hazardous Materials # is the result of a breach by Tenant of any portion thereof or any adjacent property. Tenant’sof its obligations under this Section shall not be affected, reducedLease, or limited# was caused, contributed to or exacerbated by any limitation on the amountTenant or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party.
Prohibition/Compliance/Indemnity. Tenant shall not cause or permit any Hazardous Materials (as defined below)hereinafter defined) to be brought upon, kept or usedkept, used, stored, handled, treated, generated in or aboutabout, or released or disposed of from, the Premises, the BuildingPremises or the Project in violation of Applicable Lawsapplicable Environmental Requirements (as hereinafter defined) by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”).Tenant Party. If # Tenant breaches such obligation, #the obligation stated in the preceding sentence, or if the presence of Hazardous Materials as a result of such a breachin the Premises during the Term or any holding over results in contamination of the Project, any portion thereof,Premises, the Project or any adjacent property, #property or if contamination of the Premises, the Project or any adjacent property by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises by anyone other than Landlord and Landlords employees, agents and contractors otherwise occurs during the Term or any extension or renewal hereof or any holding over byover, Tenant hereunder or # contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, then Tenanthereby indemnifies and shall Indemnify the Landlord Indemniteesdefend and hold Landlord, its officers, directors, employees, agents and contractors harmless from and against any and all Claimsactions (including, without limitation, remedial or enforcement actions of any kindkind, administrative or nature, including #judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the ProjectPremises or the Project, or the loss of, or restriction on, use of the Premises or any portion thereof, # damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, # damages arising from any adverse impact on marketing of space in the Project or any portion thereofProject), expenses (including, without limitation, attorneys, consultants and # sumsexperts fees, court costs and amounts paid in settlement of Claims thatany claims or actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses (collectively, Environmental Claims) which arise before, during or after the Term as a result of such breach or contamination. This Indemnificationindemnification of Landlord by Tenant includesincludes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up,cleanup, treatment, remedial, removalremoval, or restoration work required by any federal, state or local Governmental Authority because of Hazardous Materials present in the air, soil or groundwaterground water above, on, or under or about the Project.Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or abouton the Project, any portion thereofPremises, the Building, the Project or any adjacent property caused or permitted by Tenant or any Tenant Party results in any contamination of the Project, any portion thereofPremises, the Building, the Project or any adjacent property, then Tenant shall promptly take all actions at its sole costexpense and expensein accordance with applicable Environmental Requirements as are necessary to return the Project, any portion thereofPremises, the Building, the Project or any adjacent property to its respectivethe condition existing prior to the time of such contamination;contamination, provided that Landlord’Landlords written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent ifwithheld so long as such actions couldwould not potentially have aany material adverse long-term or short-term effect on the Project, any portion thereofPremises, the Building or any adjacent property. Tenant’s obligations underthe Project. Notwithstanding anything to the contrary contained in Section 28 or this Section 30, Tenant shall not be affected, reducedresponsible for or limited byhave any limitation onliability to Landlord, and the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlordindemnification and hold harmless obligation set forth in this paragraph shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence ofnot apply to Hazardous Materials atin or about the Project in violation of Applicable Laws as ofBuilding, the Execution Date, unless placed at the Project by a Tenant Party.
Prohibition Against Hazardous Material. Tenant shall not causecause, or permitallow any of Tenant Parties to cause, any Hazardous Materials (as defined below) to be brought upon, kepthandled, used, generated, stored, released or used indisposed of in, on, under or about the Premises, the Building or the Project or surrounding land or environment in violation of any Applicable Laws byLaws. Tenant ormust obtain Landlords written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If # Tenant breaches such obligation, # the presenceproducts containing small quantities of Hazardous Materials for general office purposes (such as a result of such a breach results in contaminationtoner for copiers) to the extent customary and necessary for the Permitted Use of the Project, any portion thereof, or any adjacent property, # contaminationPremises, the Hazardous Materials necessary for the operation and maintenance of the Premises otherwise occurs duringEmergency Generator allowed pursuant to Paragraph 41 and the Term or any extension or renewal hereof or any holding over by Tenant hereunder or # contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released intonecessary for the Project byoperation of a Tenant Party, thenCafeteria pursuant to Paragraph 43; provided that Tenant shall Indemnifyalways handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or Project or surrounding land or environment. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord and the Landlord IndemniteesParties harmless from and against any and all ClaimsLosses directly or indirectly arising out of any kind or nature, including # diminution in value ofrelated to the Projectuse, generation, handling, storage, release, or any portion thereof, # damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, # damages arising from any adverse impact on marketing of space in the Project or any portion thereof and # sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority becausedisposal of Hazardous Materials present in the air, soilby Tenant or groundwater above, on, under or about the Project. Without limiting the foregoing, if the presenceany of any Hazardous MaterialsTenant Parties in, on, under or about the Project,Premises, the Building or the Project or surrounding land or environment (even though the same may be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of any portion thereofinvestigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or any adjacent property causedother required plans, whether such action is required or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to or following the timeexpiration or earlier termination of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable forthis Lease. Neither the consent by Landlord to withhold its consent if such actions could have a material adverse long-termthe use, generation, storage, release or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presencedisposal of Hazardous Materials atnor the Project in violation ofstrict compliance by Tenant with all Applicable Laws aspertaining to Hazardous Materials shall excuse Tenant from Tenants obligation of indemnification pursuant to this Paragraph 4.4.1. Tenants obligations pursuant to the Execution Date, unless placed atforegoing indemnity shall survive the Project by a Tenant Party.expiration or earlier termination of this Lease
Use of Hazardous Material. Tenant shall not cause or permit any Hazardous Materials (as defined below)Material to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable LawsPremises by Tenant or any ofTenant, its agents, employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”).without the prior written consent of Landlord. If # Tenant breaches such obligation, # the presence of Hazardous Materials as a result of such a breach resultsobligations stated in contamination of the Project, any portion thereof,preceding sentence, or any adjacent property, #if contamination of the Premises by Hazardous Material otherwise occurs during the Termunless caused by Landlord, its agents, employees, contractors, or any extensioninvitees or renewal hereofby migration from an adjacent or any holding over by Tenant hereunder or # contaminationnearby site through no fault of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, thenTenant, Tenant shall Indemnify theindemnify, protect, defend and hold Landlord Indemniteesharmless from and against any and all Claims of any kindclaims, judgments, damages, penalties, fines, costs, liabilities or nature, including #losses (including, without limitation, diminution in value of the Project or any portion thereof, #Premises, damages for the loss or restriction on use of rentable Premises or usable space or of any amenity of the Project, #Premises, damages arising from any adverse impact on marketing of space in the Project or any portion thereofPremises space, and # sums paid in settlement of Claims thatclaims, reasonable attorneys fees, consultant fees and expert fees) which arise before, during or after the Term as a result of such breach or contamination. This Indemnificationindemnification of Landlord by Tenant includesincludes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authorityfederal, state or local government agency or political subdivision because of Hazardous MaterialsMaterial present in the air, soilsoil, surface water or groundwater above, on, near or under the Premises unless such Hazardous Material was present at the beginning of this Lease, was caused by Landlord, its employees, agents, contractors or about the Project. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, underinvitees, or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing priormigrated to the Premises from some adjacent or nearby site through no fault of Tenant. As used herein, the term Hazardous Material means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40CFR part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any applicable local, state or federal law. Landlord and its agents shall have the right, but not the duty, to inspect the Premises at any time to determine whether Tenant is complying with the terms of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party.Lease.
TenantThird Party Hazardous Materials. If it is determined that the materials incorporated into the Premises contain Hazardous Materials that are not in compliance with Applicable Law as of the Lease Date, then Landlord shall not causebe liable to Tenant for any damages, but as Tenants sole remedy, Landlord, at no cost to Tenant (including as Operating Expenses), shall perform such work or permittake such other action as may be necessary to remediate the non-compliant condition of the materials. If any Hazardous Materials (as defined below)are discovered to be brought upon, kept or usedhave been present in or about the Premises,Premises as of the Building or the Projectdate of this Lease in violation of Applicable Laws by TenantLaws, then Landlord, at Landlords expense (without pass through as an Operating Expense), shall diligently remove or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If # Tenant breachesotherwise remediate such obligation, # the presence of Hazardous Materialscondition, as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, # contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or any holding over by Tenant hereunder or # contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, then Tenant shall Indemnify the Landlord Indemnitees from and against any and all Claims of any kind or nature, including # diminution in value of the Project or any portion thereof, # damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, # damages arising from any adverse impact on marketing of space in the Project or any portion thereof and # sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials presentApplicable Laws. Further, in the air, soilno event shall Tenant be required to clean up, remove or groundwater above, on, under or about the Project. Without limiting the foregoing, if the presence ofremediate any Hazardous Materials in, on, under or about the Project,Premises, that were not brought upon, produced, treated, stored, used, discharged or disposed of by Tenant or Tenant Parties (collectively, Third Party Hazardous Materials), except to the extent that any portion thereofhazard posed by such Third Party Hazardous Materials is exacerbated by the negligent acts or omissions or willful misconduct of Tenant or Tenant Parties. Landlord, at Landlords expense (without pass through as an Operating Expense), shall remove or otherwise remediate any adjacent property causedThird Party Hazardous Materials, as required by Applicable Laws. In addition, Landlord shall indemnify, protect, defend (with counsel reasonably acceptable to Tenant) and hold harmless Tenant from and against # any fine or permittedcost or expense (including reasonable [[Organization B:Organization]] expenses and consultants fees) (Remediation Cost) that Tenant may incur as a result of any Remedial Work required of Tenant by a governmental authority resulting from the introduction, production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of any Third Party Hazardous Materials, and # any Losses asserted against Tenant or any Tenant Party results inarising from any contaminationinjury or death of any person or damage to or destruction of any property occurring as a result of any such Third Party Hazardous Materials; provided, however, that the Project,foregoing indemnity obligation shall not apply to any portion thereofRemediation Cost or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing priorClaim to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claimsextent arising from the presencenegligence or willful misconduct of any Tenant Party, or to the extent that any hazard posed by such Third Party Hazardous Materials atis exacerbated by, or the Project in violation of Applicable Laws ascost of the Execution Date, unless placed atRemedial Work is increased as a result of, the Project by anegligent acts or omissions or willful misconduct of Tenant Party.or Tenant Parties.
Limitations. Notwithstanding anything in [Section 5.3.1.4], above, to the contrary, Tenant's indemnity of Landlord as set forth in [Section 5.3.1.4], above, shall not be applicable to claims based upon Hazardous Materials which may exist in, on, under, or about the Premises as of the date of this Lease ("Existing Hazardous Materials XE "Existing Hazardous Materials" ") and Tenant shall not cause in any way be liable for Existing Hazardous Materials, except only to the extent that Tenant's construction activities and/or permit anyTenant's other acts or omissions (including Tenant's failure to remove, remediate or otherwise treat or “Clean-up,” as that term is defined in [Section 5.3.4], below, the subject Existing Hazardous Materials (as defined below) toduring the tenancy of the Premises) caused or exacerbated the subject claim. Tenant shall not be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant orliable under any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If # Tenant breaches such obligation, # the presence ofcircumstances for Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, # contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or any holding over by Tenant hereunder or # contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, then Tenant shall Indemnify the Landlord Indemnitees from and against any and all Claims of any kind or nature, including # diminution in value ofbrought onto the Project or any portion thereof, # damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, # damages arising from any adverse impact on marketing of space in the ProjectReleased by Landlord or any portion thereofLandlord Parties, and # sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Project. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect onremediate the Project, any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence of Hazardous Materials at the Projectsame in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party.compliance with Environmental Laws.
Hazardous Materials. Tenant shall not allow, cause or permit any Hazardous Materials (as defined below) to be brought upon, keptgenerated, used, treated, released, stored or useddisposed of in or about the Premises, the Building or the ProjectLand, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, [[Unknown Identifier]] printing supplies) in violationthe Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of Applicable Laws bysame does not equal or exceed a reportable quantity as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that requires reporting. At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of Tenants use or occupancy of the Premises or any action or inaction of Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If # Tenant breaches such obligation, # the presence ofAgent respecting Hazardous Materials (it being understood that the term inaction as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of such a breach results in contaminationTenants use or occupancy of the Project, any portion thereof, or any adjacent property, # contamination ofPremises), Tenant shall surrender the Premises otherwise occurs during the Term or any extension or renewal hereof or any holding over by Tenant hereunder or # contamination of the Project occurs as a resultto Landlord free of Hazardous Materials that are placed onin violation of Environmental Laws. Notwithstanding the termination or under or are released into the Project by a Tenant Party, thenany other provision of this Lease, Tenant shall Indemnify theindemnify, defend (with counsel approved by Landlord) and hold Landlord Indemniteesand Landlords Representatives harmless from and against any and all Claims of any kind or nature, including #known or unknown, contingent or otherwise, which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable attorneys, consultant, laboratory and expert fees and any diminution in the value of the Project or any portion thereof, #Building, damages for the loss or restriction on use of rentable or usableany space or of any amenity of the Project, #Building and damages arising from any adverse impact on marketing of space in the Project or any portion thereof and # sums paid in settlement of Claims that arisespace), whether before, during or after the Lease Term as a result of such breacharising from or contamination. This Indemnification by Tenant includes costs incurred in connection with any investigation of site conditionsrelated to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or any clean-up, remedial, removal or restoration work required by any Governmental Authority becausedischarge of Hazardous Materials presentby Tenant or any Agent in the air, soil or groundwater above, on, under or about the Project. Without limitingPremises or the foregoing, ifBuilding. Notwithstanding the presencetermination or other provision of any Hazardous Materials in, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approvalthis Lease Landlord shall not unreasonably withhold;indemnify, defend (with counsel approved by Tenant) and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’hold Tenant and Tenants obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant PartiesRepresentatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlords Representative (including but not limited to, reasonable attorneys, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlords Representative. Tenant shall: # give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which Tenant has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlords prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and # promptly deliver to Landlord copies of any material written notices or other items received by Tenant from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenants sole cost and expense, any spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/or the Land to the extent caused by the acts or omissions of Tenant or Agents. Such investigation, clean up and remediation shall be performed in accordance with applicable Environmental Laws and to the reasonable satisfaction of Landlord and only after Tenant has obtained Landlords written consent, such consent not to be unreasonably withheld, conditioned or delayed. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by Tenant is pending or threatened, then, subject to Tenants right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlords written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon Landlords written request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenants knowledge and belief regarding the presence of Hazardous Materials at or in the ProjectPremises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used or stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup, or removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlords Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with Tenants use of or access to the Premises. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of Applicable Laws asthe terms of the Execution Date, unless placed at the Project by a Tenant Party.this Lease.
Landlord Indemnity. Under no circumstance shall Tenant be liable for, and Landlord shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws byindemnify, defend, protect and hold harmless Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If # Tenant breaches such obligation, # the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, # contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or any holding over by Tenant hereunder or # contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, then Tenant shall Indemnify the Landlord Indemniteesand Tenant's Agents from and against anyagainst, all losses, costs, claims, liabilities and all Claims of any kind or nature, including # diminution in value of the Project or any portion thereof, # damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, # damages(including attorneys’ and consultants’ fees) arising from any adverse impact on marketing of space in the Project or any portion thereof and # sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Project. Without limiting the foregoing, if the presenceout of any Hazardous Materials that exist in, on, underon or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed atdate hereof, or Hazardous Material Released by Landlord or any Landlord Parties. Landlord will provide Tenant with any Hazardous Material reports relating to the Project by a Tenant Party.Building that Landlord has in its immediate possession. The provision of such reports shall be for informational purposes only, and Landlord does not make any representation or warranty as to the correctness or completeness of any such reports.
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