|
liabilities, obligations, penalties, claims, litigation, demands, defenses,
<br />costs, judgments, suits, proceedings, damages (including consequential
<br />damages), disbursements or expenses of any kind (including attorneys* and
<br />experts’ fees and expenses and fees and expenses incurred in investigating,
<br />defending, or prosecuting any litigation, claim, or proceeding) that may at
<br />any time be imposed upon, incurred by, or asserted or awarded against
<br />Landlord or any of them in connection with or arising from or out of:
<br />any hazardous material on, in, under, or affecting all or any portion
<br />of the Premises;
<br />b.any misrepresentation, inaccuracy, or breach of any warranty,
<br />covenant, or agreement contained or referred to in this Section 20;
<br />c.any violation or claim of violation of any Environmental Law by
<br />Tenant, its agents, contractors, servants, employees or licensees; or
<br />d.the imposition of any lien for the recovery of any costs for
<br />environmental cleanup or other response costs relating to the
<br />release or threatened release of hazardous material.
<br />This indemnification is the personal obligation of Tenant and will survive
<br />termination of this Lease. Tenant, for itself and on behalf of its successors
<br />and assigns, waives, releases, and agrees not to make any claim or bring
<br />any cost recovery action against Landlord under any Environmental Law
<br />now existing or enacted after this date. To the extent that Landlord is
<br />strictly liable under any such law, regulation, ordinance, or requirement.
<br />Tenant’s obligation to Landlord under this indemnity shall likewise be
<br />without regard to fault on the part of Tenant with respect to the violation
<br />or condition that results in liability to Landlord.
<br />For purposes of this Lease, the term “hazardous material” shall mean and
<br />include all hazardous and toxic substances, waste or materials, any
<br />pollutant or contaminant, including, without limitations, PCBs, asbestos,
<br />asbestos-containing material, petroleum and petroleum-based products,
<br />and raw materials that are included under or regulated by any
<br />Environmental Laws or that would pose a health, safety or environmental
<br />risk.
<br />15.) LANDLORD’S ACCESS TO PRFIVtKtFS
<br />(a) Inspection. Tenant shall permit Landlord and the authorized representatives of
<br />Landlord to enter the Premises at all times during usual business hours for the purpose of
<br />inspecting the same and making any necessary repairs to comply with any law s,
<br />ordinances, rules, regulations, or requirements of any public authority or of the Board of
<br />Fire Underwriters or any similar board. Nothing herein shall imply any duty upon the
<br />8
|