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Resolution No 37-2018 - Approval of Lease Located at 319 Niles Avenue for South Bend Human Rights Commission
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Resolution No 37-2018 - Approval of Lease Located at 319 Niles Avenue for South Bend Human Rights Commission
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4/4/2025 11:10:02 AM
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7/20/2018 10:57:44 AM
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Board of Public Works
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Resolutions
Document Date
7/19/2018
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27. HAZARDOUS MATERIALS. <br />Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used <br />in or about the Premises or the real estate described in Exhibit B {the "Real Estate") by Tenant, <br />its agents, employees, contractors or invitees without the prior written consent of Landlord, <br />which consent shall not be unreasonably withheld as long as Tenant demonstrates to <br />Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to <br />Tenant's business and will be used, kept and stored in a manner thatcomplies with all laws <br />regulating any such Hazardous Material so brought upon or used or kept in or about the <br />Premises or Real Estate. If Tenant breaches the obligations stated in the preceding sentence, <br />or if the presence of Hazardous Material on the Premises or Real Estate caused or permitted <br />by Tenant results in contamination of the Premises or Real Estate or if contamination of the <br />Premises or Real Estate by Hazardous Material otherwise occurs for which Tenant is legally <br />responsible to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend <br />and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, <br />costs, liabilities or losses (including, without limitation, diminution in value of the Premises <br />or Real Estate, damages for the loss or restriction on use of rentable or usable space or of any <br />amenity of the Premises or Real Estate, damages arising from any adverse impact on <br />marketing of space in the Building, and sums paid in settlement of claims, attorney's fees, <br />consultants' fees and expert fees) which arise during or after the lease term as a result of such <br />contamination. This indemnification of Landlord by Tenant includes, without limitation, costs <br />incurred in connection with any investigation of site conditions or any clean up, remedial, <br />removal or restoration work required by any federal, state or local governmental agency or <br />political subdivision because of Hazardous Material present in the soil or ground water on or <br />22 <br />
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