|
no investigation, administrative order, consent order and
<br />agreement, litigation, or settlement with respect to Hazardous
<br />Substances is proposed, threatened, anticipated or in
<br />existence with respect to the Demised Premises; no notice has
<br />been served on or delivered to Seller from any entity,
<br />governmental body, or individual, claiming any violation of
<br />any law, regulation, ordinance or code, or demanding payment
<br />or contribution for environmental damage or injury to natural
<br />resources; nor has the Demised Premises ever been used as a
<br />cemetery.
<br />
<br /> Furthermore, Landlord shall not cause or permit the
<br />presence, use, disposal, storage, or release of any hazardous
<br />substances (as defined by state or federal laws or
<br />regulations) on or in the Demised Premises. Landlord shall not
<br />do anything affecting the Demised Premises that is in
<br />violation of any environmental law, state or federal.
<br />
<br /> Landlord will protect, indemnify and save harmless
<br />Tenant from and against all liabilities, obligations, claims,
<br />damages, penalties, causes of action, costs and expenses,
<br />including without limitation, attorney's fees, by reason of
<br />the existence of any environmental condition as set forth,
<br />and/or described or defined, herein. In case any action, suit
<br />or proceeding is brought against Tenant by reason of any such
<br />occurrence, Landlord, upon Tenant's request, will at
<br />Landlord's expense resist and defend such action, suit or
<br />proceeding, or cause the same to be resisted and defended by
<br />counsel designated by Tenant. Such obligation of Landlord
<br />under this section which shall have accrued at the time of any
<br />termination of this Lease shall survive any such termination.
<br />
<br /> Once in possession, Tenant shall not cause or permit the
<br />presence, use, disposal, storage, or release of any hazardous
<br />substances (as defined by state or federal laws or
<br />regulations) on or in the Demised Premises. Tenant shall not
<br />do anything affecting the Demised Premises that is in
<br />violation of any environmental law, state or federal.
<br />
<br />Tenant will protect, indemnify and save harmless
<br />Landlord from and against all liabilities, obligations,
<br />claims, damages, penalties, causes of action, costs and
<br />expenses, including without limitation, attorney's fees, by
<br />reason of the existence of any environmental condition as set
<br />forth, and/or described or defined, herein. In case any
<br />action, suit or proceeding is brought against Tenant by reason
<br />of any such occurrence, Tenant, upon Landlord's request, will
<br />at Tenant's expense resist and defend such action, suit or
<br />proceeding, or cause the same to be resisted and defended by
<br />counsel designated by Landlord. Such obligation of Tenant
<br />under this section which shall have accrued at the time of any
<br />
<br />11
<br />
<br />
<br />
|