Laserfiche WebLink
however, that Tenants' inability to obtain any such access agreement shall not relieve Tenants of <br /> their obligation to perform the Remedial Activities which are the subject of such access <br /> agreement. Tenants, at Tenants' sole cost and expense, shall develop the schedule, technique, <br /> method, and design of any remedial action plan in connection with any Remedial Activities, <br /> which shall be subject to Landlord's approval (not to be unreasonably withheld, conditioned or <br /> delayed) and to Agency (as hereinafter defined) requirements and approvals (any such approved <br /> plan is referred to herein as an "Approved Corrective Action Plan"). Any and all Remedial <br /> Activities shall be conducted in accordance with an Approved Corrective Action Plan. Tenants <br /> may contest and appeal any Agency decision or directive, provided such contest or appeal does <br /> not delay Tenants' performance of any Remedial Activities, results in the issuance of a clean-up <br /> or similar order or expose Landlord to any liability. in connection with carrying out any <br /> Remedial Activities, Tenants shall secure the issuance by the Agency of a"no further action" or <br /> equivalent letter or instrument,as appropriate to the circumstances. <br /> Section 29.03 In addition to any other obligation herein, Tenants shall indemnify, defend, <br /> protect and hold the Landlord Parties free and harmless from and against any and all Losses and <br /> other obligations of any kind whatsoever that may be made against or incurred by the Landlord <br /> Parties in connection with any of the following: (a) the violation of any Environmental Law or <br /> (b) Hazardous Materials or Environmental Conditions at, on, under, about or from the Demised <br /> Property caused by or contributed by Tenants or any Other Party, whether or not the same <br /> constitute a violation of any -Environmental Law, including any and all costs and fees of <br /> attorneys or experts incurred by Landlord in defending against same. This and any other right of <br /> Landlord under this Lease shall inure to the benefit of Landlord's successors and assigns, as well <br /> as Landlord's Lenders and Landlord's Mortgagees,and their respective successors and assigns as <br /> third party beneficiaries. The foregoing indemnity is in addition to, and not in lieu of, any other <br /> indemnity obligations of Tenants under this Lease, including Tenants' indemnity obligations <br /> under Section 29.05 hereof. <br /> Section 29.44 Tenants shall promptly inform Landlord in writing of (a) any and all <br /> notices, enforcement actions or other governmental or regulatory actions (excluding routine <br /> actions such as permit renewals) instituted, completed or threatened pursuant to any <br /> Environmental Laws affecting the Demised Property; (b) any and all claims made or threatened <br /> by, or notifications from, any third Person against or otherwise regarding Landlord, Tenants or <br /> any Other Party or the Demised Property relating in any way whatsoever to Hazardous Materials <br /> or Environmental Conditions (the matters set forth in clauses (a) and (b) are hereinafter referred <br /> to as "Environmental Claims"); (c) Tenants' knowledge of any material Release of Hazardous <br /> Materials at, on, in, under to or from the Demised Property or on, in or under any adjoining <br /> property. Tenants shall also supply to Landlord within three(3)Business Days after Tenants first <br /> receives or sends the same, copies of all claims, reports, complaints, notices, warnings, asserted <br /> violations or other communications relating in any way to the matters described in this Section. <br /> Section 29.05 In addition to any other obligations herein, Tenants shall be solely <br /> responsible for and shall indemnify, protect, defend, release and hold harmless all Landlord. <br /> Parties from and against any and all Losses directly or indirectly arising out of or associated in <br /> any manner whatsoever with Tenants' Use of or the presence of Hazardous Materials or the <br /> 21 <br />