Common use of Hold Harmless Clause in Contracts

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 18 contracts

Sources: Triple Net Office Lease Agreement, Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.)

Hold Harmless. a. Landlord shall not PARTNER agrees to and does hereby indemnify, hold harmless and defend the DISTRICT and its governing board, officers, employees and agents from every claim or demand made and every cost, liability, loss, damage or expense, of any nature whatsoever, which may be liable incurred by reason of, or which may be directly or indirectly related to: (a) Liability for damages for: (1) death or bodily injury to Tenantperson; (2) injury to, its agents, servants, employees, contractors, customers loss or invitees for any damage to person theft of property; or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by (3) any other indemnity in this Leaseloss, but rather in confirmation and furtherance thereofdamage or expense arising out of (1) or (2) above, Tenant agrees to indemnifysustained by the PARTNER or any person, defend firm or corporation employed by counsel reasonably acceptable to Landlord and hold Landlord harmless ofthe PARTNER, from and against any and all losseseither directly or by independent contract, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) upon or in connection with the services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result from the active negligence, sole negligence, or willful misconduct of the DISTRICT or its officers, employees or agents. (b) Any injury to or death of any person person(s), including the DISTRICT’s officers, employees and agents, or damage to or theft, loss or loss of the use of any property occurring in caused by any actual or about the Premises arising from Tenant’s occupancy alleged act, neglect, default, or omission of the PremisesPARTNER, or any person, firm or corporation employed by the conduct of its business PARTNER, either directly or from any activityby independent contract, workarising out of, or thing donein any way connected with, permitted the services covered by this AGREEMENT, whether said injury or suffered by Tenant in damage occurs either on or about off DISTRICT’s property, except for injury/death or damage/loss which result from the Premisesactive negligence, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission sole negligence or willful misconduct of Tenant the DISTRICT or any of its officers, employees or agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers (c) Any liability for damages which may arise from the furnishing or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in copyrighted or about uncopyrighted matter or patented or unpatented invention under this AGREEMENT, except for damages which result from the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseactive negligence, or due to any other grossly negligent act or omission sole negligence or willful misconduct of Landlord the DISTRICT or its officers, employees or agents. (d) The performance of this AGREEMENT or the Scope of Services by PARTNER, or anyone working under or for the PARTNER, except unless caused by the active negligence, sole negligence or willful misconduct of the DISTRICT or its officers, employees or agents. Where the DISTRICT or its officers, employees or agents are held to be only partially negligent or partially liable based on willful misconduct, the Parties shall be responsible and liable under this Section on a comparative basis. The PARTNER’S obligations under this Section shall not be deemed to be: (i) conditioned upon, or in any manner limited by, the any insurance coverage maintained by a Party or other person or entity; or (ii) conditioned upon the receipt by any person or entity of, or limited to the amount of, any insurance proceeds. For all acts, omissions, or incidents occurring before the termination or expiration of its agents or employeesthis AGREEMENT, the PARTNER’S obligations under this Section shall survive termination/expiration of this AGREEMENT, regardless of whether the PARTNER has then completed the Scope of Work.

Appears in 9 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

Hold Harmless. a. Landlord shall not CONTRACTOR agrees to and does hereby indemnify, hold harmless and defend the DISTRICT and its governing board, officers, employees and agents from every claim or demand made and every cost, liability, loss, damage or expense, of any nature whatsoever, which may be liable incurred by reason of, or which may be directly or indirectly related to: (a) Liability for damages for: (1) death or bodily injury to Tenantperson; (2) injury to, its agents, servants, employees, contractors, customers loss or invitees for any damage to person theft of property; or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by (3) any other indemnity in this Leaseloss, but rather in confirmation and furtherance thereofdamage or expense arising out of (1) or (2) above, Tenant agrees to indemnifysustained by the CONTRACTOR or any person, defend firm or corporation employed by counsel reasonably acceptable to Landlord and hold Landlord harmless ofthe CONTRACTOR, from and against any and all losseseither directly or by independent contract, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) upon or in connection with the services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result from the active negligence, sole negligence, or willful misconduct of the DISTRICT or its officers, employees or agents. (b) Any injury to or death of any person person(s), including the DISTRICT’s officers, employees and agents, or damage to or theft, loss or loss of the use of any property occurring in caused by any actual or about the Premises arising from Tenant’s occupancy alleged act, neglect, default, or omission of the PremisesCONTRACTOR, or any person, firm or corporation employed by the conduct of its business CONTRACTOR, either directly or from any activityby independent contract, workarising out of, or thing donein any way connected with, permitted the services covered by this AGREEMENT, whether said injury or suffered by Tenant in damage occurs either on or about off DISTRICT’s property, except for injury/death or damage/loss which result from the Premisesactive negligence, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission sole negligence or willful misconduct of Tenant the DISTRICT or any of its officers, employees or agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers (c) Any liability for damages which may arise from the furnishing or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in copyrighted or about uncopyrighted matter or patented or unpatented invention under this AGREEMENT, except for damages which result from the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseactive negligence, or due to any other grossly negligent act or omission sole negligence or willful misconduct of Landlord the DISTRICT or its officers, employees or agents. (d) The performance of this AGREEMENT or the Scope of Services by CONTRACTOR, or anyone working under or for the CONTRACTOR, except unless caused by the active negligence, sole negligence or willful misconduct of the DISTRICT or its officers, employees or agents. Where the DISTRICT or its officers, employees or agents are held to be only partially negligent or partially liable based on willful misconduct, the Parties shall be responsible and liable under this Section on a comparative basis. The CONTRACTOR’S obligations under this Section shall not be deemed to be: (i) conditioned upon, or in any manner limited by, the any insurance coverage maintained by a Party or other person or entity; or (ii) conditioned upon the receipt by any person or entity of, or limited to the amount of, any insurance proceeds. For all acts, omissions, or incidents occurring before the termination or expiration of its agents or employeesthis AGREEMENT, the CONTRACTOR’S obligations under this Section shall survive termination/expiration of this AGREEMENT, regardless of whether the CONTRACTOR has then completed the Scope of Work.

Appears in 8 contracts

Sources: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement

Hold Harmless. a. Landlord To the fullest extent permitted by law, the Contractor shall not be liable to Tenantdefend, indemnify and hold harmless the Madison County, its representatives, agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation departments and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofauthorities, from and against any and all lossesclaims, injuries, demands, judgments, settlements, damages, losses, liabilities, claims, liens, costs and expenses (includingof any kind or nature, including but not limited toto litigation costs and attorney’s fees, court costswhether arising in law or in equity, reasonable attorneys’ fees all without any limitation whatsoever, arising out of or resulting from the Contractor’s performance of the work and/or duties and/or the transactions contemplated by this agreement and litigation expenses) which are caused, in connection with injury to whole or death in part, by or because of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission of the Contractor, directly or willful misconduct of Tenant or any of its agentsindirectly, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its and/or by the Contractor’s agents, servants, employees, contractorssubcontractors and/or any person or entity employed by Contractor or for whose conduct or action the Contractor may be found or held liable, customers directly or invitees indirectly. In the event that the County is determined to be any percent negligent pursuant to any verdict or judgement, then the Contractor’s obligation to indemnify the County for any damage amount, payment, judgement, settlement, mediation or arbitration award shall extend only to person the percentage of negligence of the Contractor or property caused anyone directly or indirectly engaged or retained by any actit and anyone else for whose acts the Contractor is liable. It is the intention of the parties that the right and entitlement to a defense; the right and entitlement to be held harmless; and the right and entitlement to indemnification shall be as broad as permitted under applicable law. Further, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord the Contractor agrees to indemnifyindemnify the County in like regard in an action upon the contract between the parties and claims between the parties, defend by including counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation costs and expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the . The terms of this Leaseagreement shall not be construed to negate, abridge or due otherwise reduce any other right or obligation of contribution or indemnity which would otherwise exist as to any other grossly negligent act party or omission person subject to this agreement. This agreement and paragraph shall be liberally construed so as to afford the County the fullest possible protection and indemnity. In the event that Contractor shall fail or willful misconduct refuse to defend, hold harmless and/or indemnify the County against any such claim, loss, damage, judgment, settlement or action, Contractor shall be liable to the County for all expense, expenditure and cost incurred or to be incurred by the County in defending, resolving and/or satisfying any such claim, loss, damage, judgment, settlement or action, together with all cost and expense of Landlord the County, including all attorney’s fees, incurred in the County pursuing claim or any of its agents suit or employeesaction against or recovering fees costs and expense from Contractor.

Appears in 6 contracts

Sources: Business Associate Agreement, Contract Agreement, Contract Agreement

Hold Harmless. a. Landlord A. The ADOH makes no warranties, expressed or implied. The Provider Agency, at all times, will indemnify and hold the ADOH harmless from any damages, liabilities, claims and expenses that may be claimed against ADOH or the Provider Agency or for injuries or damages to ADOH or the Provider Agency or another party arising from participation in the AZBOSCOC HMIS or arising from any acts, omissions, neglect or fault of the Provider Agency or its agents, employees, licensees or clients or arising from the Provider Agency's failure to comply with laws, statutes, ordinances or regulations applicable to it or the conduct of its business. This Provider Agency will also hold the ADOH harmless for negative repercussions resulting in the loss of data due to delays, non-deliveries, mis-deliveries or service interruption caused by the Provider Agency's negligence or errors or omissions, as well as natural disasters, technological difficulties and/or acts of God. The ADOH shall not be liable to Tenantthe Provider Agency for damages, losses or injuries to the Provider Agency or another party unless such is the result of negligence or willful misconduct of the ADOH or its agents, servants, employees, contractorslicensees, customers or invitees for any damage to person clients. B. The Provider Agency makes no warranties, expressed or property caused by any actimplied. The ADOH, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leaseat all times, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord will indemnify and hold Landlord the Provider Agency harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs claims and expenses (includingthat may be claimed against the ADOH or Provider Agency or for injuries or damages to the ADOH, but not limited tothe Provider Agency or another party arising from participation in the AZBOSCOC HMIS or arising from any acts, court costsomissions, reasonable attorneys’ fees and litigation expenses) in connection with injury to neglect or death of any person or damage to or theft, loss or loss fault of the use of any property occurring in ADOH or about the Premises its agents, employees, licensees or clients or arising from Tenantthe ADOH’s occupancy of the Premisesfailure to comply with laws, statutes, ordinances or regulations applicable to it or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about business. Thus ADOH will also hold the Premises, or from any breach or default on the part of Tenant Provider Agency harmless for negative repercussions resulting in the performance loss of any covenant data due to delays, non-deliveries, mis-deliveries or agreement on service interruption caused by the part ADOH or a Provider Agency’s negligence or errors or omissions, as well as natural disasters, technological difficulties and/or acts of Tenant to God. The Provider Agency shall not be performed pursuant liable to the terms ADOH for damages, losses or injuries to the ADOH or another party unless such is the result of this Lease, or due to any other act or omission negligence or willful misconduct of Tenant the Provider Agency or any of its agents, employees, contractors, assigns, subtenants, guest licensees or inviteesclients. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord C. The Provider Agency agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses keep in force a comprehensive general liability insurance policy with combined single limit coverage of not less than five hundred thousand dollars (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person $500,000.00). Said insurance policy shall include coverage for theft or damage to or theft, loss or loss of the use Provider Agency's Arizona BOSCOC HMIS-related hardware and software, as well as coverage of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of Provider Agency's indemnification obligations under this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesAgreement.

Appears in 5 contracts

Sources: Partnership Agreement, Partnership Agreement, Partnership Agreement

Hold Harmless. a. Landlord CONTRACTOR hereby agrees to and shall not be liable to Tenanthold TOWN, its elective and appointive boards, commissions, officers, agents, servantsregistered volunteers, employeesand employees harmless from any liability for damage or claims for damage for personal injury, contractorsincluding death, customers or invitees as well as from claims for any property damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by and any other indemnity in this Leaseclaims of any sort whatsoever, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costsany liabilities, reasonable attorneys’ fees and litigation expenses) claims, losses, or expenses in any manner caused by, arising out of, or in connection with injury to with, either directly or death indirectly, the construction or installation of any person or damage to or theftthe work, loss or loss the guarding of the work, the use of any property occurring improper materials in or about the Premises arising from Tenant’s occupancy construction of the Premiseswork, or the conduct of its business or from any activitynegligent, workwillful, or thing doneintentional acts or omissions by CONTRACTOR or CONTRACTOR's subcontractors, permitted or suffered by Tenant in or about the Premisesagents, or from employee operations under this Agreement, whether such operations by CONTRACTOR or by any breach of CONTRACTOR's subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for CONTRACTOR or any of CONTRACTOR's subcontractors during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, Agreement or due to any other act or omission arising from the sole active negligence or willful misconduct of Tenant the TOWN. The Town Council may retain so much of the money due to the CONTRACTOR as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or any claims for damages as aforesaid. CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, employeesand employees from any suits or actions at law or in equity arising out of the execution, contractorsadoption or implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR), assignssuch indemnification to include all costs of defense, subtenantsjudgments, guest and any awards of attorneys' fees. Should any accident or invitees. b. Tenant shall not be liable to Landlordincident causing death, its agents, servants, employees, contractors, customers or invitees for any damage to person personal injury or property caused by any actdamage occur between the date CONTRACTOR is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees CONTRACTOR's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but the fact that the TOWN had not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death received the notice of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant cancellation prior to the terms date of this Lease, such accident or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesincident.

Appears in 4 contracts

Sources: Construction Agreement, Construction Agreement, Construction Agreement

Hold Harmless. a. Landlord Landlord, its partners and representatives shall not be liable to Tenant, its or to Tenant’s agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited , its agents, invitees, servants, employees and to the extent permitted by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, law Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless offrom all claims for any such damage. Further, to the extent permitted by law Tenant shall indemnify and defend Landlord from and against any and all lossesclaim, damagesliability, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of on the Premises, or the conduct of its business or resulting from Tenant's failure to comply with any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms term of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. . Tenant shall not be liable to Landlord, its or to Landlord’s agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation its agents, servants, employees, and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant harmless offrom all claims for such damage. Except to the extent arising due to Tenant’s acts, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection omissions or failure to comply with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due Landlord further agrees to indemnify and hold Tenant harmless for Landlord’s failure to comply its obligations as a condominium association owner, including, but not limited to fees and assessments, required pursuant to the terms of the Declaration of Condominium recorded for the Premises and Building. The indemnifications granted by each of Landlord and Tenant herein are subject to any other grossly negligent act or omission or willful misconduct of express provisions to the contrary in this Lease. Notwithstanding the foregoing, in no event shall Landlord or any Tenant be liable to the other for punitive, consequential, indirect, or special damages. The provisions of its agents this Section 9 shall survive expiration or employeesearlier termination of this Lease.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Hold Harmless. a. Landlord To the fullest extent permitted by law, Subrecipient shall not be liable and hereby agrees to Tenanthold harmless, defend (with counsel acceptable to the Corporation) and indemnify the Corporation and each and all of its successors, affiliates, or assigns, and any of their employees, officers, directors, attorneys, consultants, agents, servantsmanagers, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofaffiliates, from and against any and all losses, damages, liabilitiescosts, attorneys’ fees, claims, liensexpenses, injuries, property damage, causes of action, violations of law, violations of this Agreement, any infringement of copyright, royalty, or other proprietary rights in consequence of any design(s) created and/or specifications prepared in accordance with the Agreement or Scope of Services, any injuries or damages resulting from defects, malfunction, misuse, etcetera of Subrecipient-provided equipment or materials, and losses of any form or nature arising from or related to the conduct (including any acts, omissions, malfeasance, negligence, or willful misconduct) of Subrecipient or its employees or subcontractors or anyone under Subrecipient’s direction or control or for whose acts or omissions Subrecipient may be deemed responsible or liable (“Subrecipient Staff”), in the performance of the efforts called for in this Agreement, but only, in any case, to the extent caused by the acts, omissions, or negligence of the Subrecipient Staff. This indemnity shall expressly include, but is not limited to, the obligation of Subrecipient to indemnify and reimburse the Corporation for any and all reasonable attorneys’ fees and other litigation or dispute resolution costs and expenses (incurred or to be incurred in the Corporation’s enforcement of this Agreement or any portion thereof against Subrecipient or otherwise arising in connection with Subrecipient including, but not limited to, court costsSubrecipient’s breach, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesviolation, or other non-compliance with this Agreement. This clause shall survive indefinitely the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms termination of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Agreement for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesreason.

Appears in 3 contracts

Sources: Subrecipient Agreement, Subrecipient Agreement, Community Development Block Grant Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord identify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligations on the Tenant's part of Landlord to be performed pursuant to under the terms of this Leaselease, or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.the negligence of

Appears in 3 contracts

Sources: Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenantdefend, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) claims arising on or in connection with injury to the Demised Premises during the Lease Term or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim. Tenant upon written notice from Landlord shall not be liable defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises, from any cause other then the misconduct of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises. (b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. or all matters occurring on the Premises during the Lease Term. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary. (c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.

Appears in 3 contracts

Sources: Lease Agreement, Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant’s part of Landlord to be performed pursuant to under the terms of this LeaseLease or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. If any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord’s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. (b) Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Property or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with the light, air, or employeesfor any latent defect in the Premises.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Hold Harmless. a. Landlord Except with respect to costs in connection with Lessor’s obligations provided in Article 9 or as otherwise provided in this Lease, Lessor shall not be liable responsible for and is hereby relieved from all liability for any damage, expense, cause of action, suits, demands, judgments, and claims of any nature whatsoever, arising from or by reason of any injury to Tenantany person or persons or any damage to any property which may arise from the negligence of Lessee or its agents, servants or employees, or from present or future structural defects or other conditions in, on or about the Premises or any part thereof or any sidewalks, streets, driveways, railroad sidings, rights of way or roadways adjacent thereto, or in any manner growing out of or connected with the use and occupancy of the Premises or any part thereof by Lessee or any other party during the Term. Subject to Article 9, Lessee accepts and assumes such liability and agrees to protect, indemnify and hold Lessor harmless against any and all such claims, demands, damages, costs, and expenses, including reasonable attorneys’ fees for the defense of such claims and demands arising from the conduct or management of Lessee’s business on the Premises, or its use of the Premises or from any breach on the part of Lessee of any conditions of this Lease, or from any act or negligence of Lessee, its agents, servantscontractors, employees, contractorssublessees, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesconcessionaires, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant licensees in or about the Premises, or from any breach or default on the part of Tenant in the performance . In case of any covenant action or agreement proceeding brought against Lessor by reason of any such claim, Lessee, on notice from Lessor, agrees to defend the part of Tenant to be performed pursuant to the terms of this Lease, action or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant proceeding. This shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for construed as in any damage to person or property caused by any act, omission or neglect of Landlord. Without way limiting or being limited by any other indemnity in Lessee’s obligations under this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Sources: Industrial Lease (CPG Newco LLC), Industrial Lease (Vycom Corp.)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant Building and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant employees, guest, or agreement on invitee of Tenant, and from all and against all cost, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action, or proceeding be brought against Landlord by reason of any such claim. Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be performed pursuant liable for any damage to property entrusted to employees of the terms Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from, fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of this Leasethe Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with the light or employeesother incorporated hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.

Appears in 2 contracts

Sources: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)

Hold Harmless. a. Landlord shall not be liable (a) Except to Tenantthe extent caused by the negligence or willful misconduct of Landlord, its agents, servants, employees, employees or contractors, customers or invitees for any damage and subject to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofSection 7.02, Tenant agrees to indemnifywill indemnify and save harmless Landlord against and from all liabilities, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all lossesobligations, damages, liabilitiespenalties, claims, liens, costs and expenses (including, but not limited to, court costs, charges and expenses, including reasonable attorneys’ fees and litigation expensesfees, which may be imposed upon, incurred by or asserted against Landlord or which involve Landlord directly or indirectly during the Term for: (i) in connection with injury to any work or death of any person or damage to or theftthing done in, loss or loss of the use of any property occurring in on or about the Premises arising from Tenant’s occupancy Leased Premises; (ii) any use, non-use, possession, occupation, condition, operation, maintenance or management of the Leased Premises, or the conduct of its business or from ; (iii) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default negligence on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractorslicensees, customers invitees, tenants or invitees for occupants; (iv) any injury or death to any person or damage to person or loss of property caused occurring in, on or about the Leased Premises; and (v) any failure on the part of Tenant to perform or comply with any provisions of this Lease (subject to applicable notice and cure periods). If any action or proceeding is brought against Landlord by reason of any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity claim described in this Leasesubparagraph (a), but rather in confirmation and furtherance thereofTenant, Landlord agrees upon notice from Landlord, will either defend such action or proceeding with counsel approved by Landlord, such approval not to be unreasonably withheld or delayed, or satisfy the claim. If Landlord, without fault on its part, shall be made a party to any litigation commenced by or against Tenant, then Tenant shall indemnify, defend by counsel reasonably acceptable to Tenant and hold harmless Landlord therefrom and shall pay Landlord all costs and expenses, including reasonable attorneys’ fees, which Landlord may sustain by reason thereof. (b) Except to the extent caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors, and subject to Section 7.02, Landlord hereby indemnifies and holds Tenant harmless of, from and against any and all lossesliabilities, obligations, damages, liabilitiespenalties, claims, liens, costs and expenses (including, but not limited to, court costs, charges and expenses, including reasonable attorneys’ fees and litigation expenses) in connection with injury to fees, which may be imposed upon, incurred by or death of any person asserted against Tenant or damage to which involve Tenant directly or theft, loss or loss of the use of any property occurring in or about the Premises indirectly arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or its agents, employees or contractors in or about the Project. If any action or proceeding is brought against Tenant by reason of any claim described in this subparagraph (b), Landlord, upon notice from Tenant, will either defend such action or proceeding with counsel approved by Tenant, such approval not to be unreasonably withheld or delayed, or satisfy the claim. If Tenant, without fault on its agents part, shall be made a party to any litigation commenced by or employeesagainst Landlord, then Landlord shall indemnify, defend and hold harmless Tenant therefrom and shall pay Tenant all costs and expenses, including reasonable attorneys’ fees, which Tenant may sustain by reason thereof. (c) The provisions of this Section shall survive the termination of this Lease.

Appears in 2 contracts

Sources: Garage Lease (Virgin Trains USA LLC), Garage Lease (Virgin Trains USA LLC)

Hold Harmless. a. 21.1 Subject to Section 13.4, Tenant agrees to defend, with counsel reasonably approved by Landlord, all actions against Landlord, any member, partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord (collectively, “Landlord Parties”), holders of mortgages secured by the Premises or the Project and any other party having an interest therein (collectively with Landlord Parties, the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) injury to or death of any person, or damage to or loss of property on the Premises, or connected with the use, condition (as required to be maintained by Tenant, but not Landlord), or occupancy of the Premises, except to the extent, if any, caused by the gross negligence or willful misconduct of Landlord or its employees, contractors or agents or Landlord’s breach of this Lease, (b) any violation of this Lease by or attributable to Tenant, or (c) any act, fault, omission, or other misconduct of Tenant or its agents, contractors, licensees, sublessees, or invitees. Tenant agrees to use and occupy the Premises and other facilities of the Project at its own risk, and hereby releases the Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law except to the extent, if any, caused by the gross negligence or willful misconduct of Landlord or its employees, contractors or agents or Landlord’s breach of this Lease. 21.2 Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person fatal or non-fatal bodily injury or property caused damage occasioned by any act, omission the acts or neglect omissions of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisestenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any such other act or omission or willful misconduct of Tenant or any of its tenant’s agents, employees, contractorslicensees, assigns, subtenants, guest or invitees. b. Tenant , of the Project. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any damage losses due to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss burglary, or loss of the use of any property occurring in or about the Premises arising from any breach or default damages done by persons on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesProject.

Appears in 2 contracts

Sources: Lease Agreement (Talend SA), Lease Agreement (Talend SA)

Hold Harmless. a. Landlord Lessee shall not be liable to Tenantthe fullest extent permitted by law, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by with counsel reasonably acceptable to Landlord Lessor, and hold Landlord Lessor and Lessor's employees, agents, partners, officers, directors and shareholders harmless of, from and against any and all lossesclaims, damages, losses, liabilities, claimspenalties, liensjudgments, and costs and expenses (including, but not limited towithout limitation, court costsattorneys' fees) and any suit, reasonable attorneys’ fees and litigation expensesaction or proceeding brought pursuant thereto (collectively, "Claims"), including, without limitation, Claims for property damage, or personal injury including death, arising out of (i) in connection with injury to or death of any person or damage to or theft, loss or loss Lessee's use of the use Premises or any part thereof, or any activity, work or other thing done by Lessee or any of Lessee's Agents in the Premises, (ii) any property occurring activity, work or other thing done or permitted by Lessee or any of Lessee's Agents in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activitypart thereof, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from (iii) any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Lessee's part of Tenant to be performed pursuant to under the terms of this Lease, (including, without limitation, a failure to maintain insurance as provided in Article 16), or due (iv) any negligence or wilful misconduct of Lessee or Lessee's Agents; provided, however, that Lessee shall not be required to indemnity Lessor pursuant hereto for Claims to the extent (1) arising as a result of Lessor's default under this Lease, or the negligence or wilful misconduct of Lessor or any of Lessor's employees, agents or contractors, and (2) not covered by the insurance required to be maintained by Lessee pursuant to this Lease. The indemnity herein shall extend to the costs and expenses incurred by Lessor for administrative expenses, consultant fees, expert costs, investigation expenses and costs incurred in settling indemnified claims, whether such costs occurred before or after any litigation is commenced. The obligations of Lessee pursuant to this Article 14 and elsewhere in this Lease with respect to indemnification of Lessor shall survive the Lease Termination and shall continue in effect until any and all claims, actions or causes of action with respect to any of the matters indemnified against are fully and finally barred by the applicable statute of limitations. In no event shall any of insurance provisions set forth in Article 16 of this Lease be construed as any limitation on the scope of indemnification set forth herein. Lessee as a material part of the consideration to Lessor hereby assumes all risk of damage or loss to property or injury or death to person in, upon or about all portions of the Project from any cause except as hereinafter stated. Lessor or its agents shall not be liable for any damage or loss to property entrusted to employees of any part of the Project nor for loss or damage to any property by theft or otherwise, nor for any injury or death or damage or loss to persons or property resulting from any accident, casualty or condition occurring in or about any portion of the Project, or to any equipment, appliances or fixtures therein, or from any other act cause whatsoever. Lessee's assumption of risk and the exculpation of Lessor pursuant hereto is unqualified with the single exception that it shall not apply to, and Lessor shall indemnify, defend and hold harmless Lessee from and against, the portion of any claim, damage or omission loss to the extent arising out of Lessor's default under this Lease or the negligence or willful misconduct of Tenant Lessor or any of its agents, Lessor's employees, agents or contractors, assigns, subtenants, guest and not covered by the insurance required to be maintained by Lessee pursuant to this Lease. Lessor or invitees. b. Tenant its agents shall not be liable to Landlordfor interference with the light or other incorporeal hereditaments, its agents, servants, employees, contractors, customers or invitees nor shall Lessor be liable for any damage to person latent defect in the Premises or property caused by any act, omission or neglect of Landlordin the Building. Without limiting or being limited by Notwithstanding any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms provision of this Lease, in no event shall Lessor have any liability for loss of business (including, without limitation, lost profits) by Lessee. Lessee shall give prompt written notice to Lessor in case of fire or due to accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. If, by reason of any other grossly negligent act or omission of Lessee or willful misconduct of Landlord Lessee's Agents, Lessor is made a party defendant to any litigation concerning this Lease or any part of its agents the Project or employeesotherwise, Lessee shall indemnify, defend with counsel acceptable to Lessor, and hold Lessor harmless from any liability and damages incurred by (or threatened against) Lessor as a party defendant, including without limitation all damages, costs and expenses, including attorneys' fees.

Appears in 2 contracts

Sources: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)

Hold Harmless. a. Landlord Owner shall defend, hold harmless, and indemnify the Manager and Manager’s agents/employees from any and all claims, demands, and/or liabilities arising in relation to Manager’s management of Owner’s real property with the sole exception of intentional torts and/or the grossly negligent acts of Manager and/or Manager’s agents/employees. The Owner agrees to hold the Manager harmless from liability for any claims related to property defects, injury on or about the Property that may be suffered by any tenant, guest, or contractor on the Property, or any actions or behaviors on the part of the Owner, his agents OTHER THAN the Manager, or assigns that contribute to, cause, or create legal or financial liability, but expressly DOES NOT indemnify the Manager, its agents, or assigns, from any actions or behaviors that may cause legal or financial actions to be taken and that are not explicitly performed at the direction of the Owner. Manager also shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage error of judgment or for any mistake of fact or law, or for anything that Manager may do or refrain from doing hereunder, except in cases of willful misconduct or gross negligence. If suit is brought to person collect Manager’s compensation or property caused if Manager successfully defends any action brought against PropM, Inc. by any actOwner, omission relating to Property, or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance Manager’s management thereof, Tenant Owner agrees to indemnifypay all costs incurred by PropM, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) Inc. in connection with injury to or death such action, including reasonable attorney fees. The undersigned shall not make any disparaging remarks of any person sort or otherwise communicate any disparaging comments about the Company, entities or persons to any third party at any time following the execution of this Agreement. Company agrees that it shall not make any disparaging remarks about the undersigned to any third party at any time. Should Owner submit a complaint and said complaint is deemed to be denied or false by the governing body where submitted, PropM, Inc. will charge Owner a $,10,000.00 defamation fee as the submission will remain in the public forum causing damage to or theftPropM, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the PremisesInc. reputation. PropM, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant Inc. is always open to be performed pursuant discussion to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesremedy a situation however will not tolerate falsely submitted complaints. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Sources: Property Management Agreement, Property Management Agreement

Hold Harmless. a. Landlord Subject to Section 9 hereof, Tenant shall not be liable to Tenantindemnify, its defend, and hold harmless Landlord, and Landlord’s agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any actdirectors, omission or neglect of partners, members, and shareholders (“Landlord’s Related Parties”) at Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of’s expense, from and against any and all liabilities, judgments, demands, causes of action, claims, losses, damages, liabilities, claims, liens, costs and expenses (includingexpenses, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses) costs, arising out of the use, occupancy, conduct, operation, or management of the Premises by, or the willful misconduct or negligence of, Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors in connection with injury or about the Building or Premises or arising from any breach or default under this Lease by Tenant, or arising from any accident, injury, or damage, howsoever and by whomsoever caused, to or death of any person or damage to or theftproperty, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, . This indemnification shall survive termination or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms expiration of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. . Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Landlord’s Related Parties for any damage to person or property caused by any act, omission or neglect of Landlord, its agents, employees or contractors. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofMoreover, Landlord agrees to indemnifyshall not be liable for any damage, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless ofinjury, from and against any and all lossesdestruction, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury or theft to or death of any person or damage to or theft, loss or loss of the use Premises, the personal property of Tenant or any property occurring in of the Tenant Parties, Tenant, or about any of the Premises Tenant Parties arising from any breach use or default on condition of the part Premises, or any sidewalks, entrance ways, or parking areas serving the Premises, or the act or neglect of Landlord in co-tenants or any other person, or the performance malfunction of any covenant equipment or agreement on apparatus serving the part of Landlord to be performed pursuant to the terms of this LeasePremises, or due any loss thereof by mysterious disappearance or otherwise. Any and all claims against Landlord for any damage referred to any other grossly negligent act in this Section 16.1 are hereby waived and released by Tenant and Tenant shall look to its insurance to recover the cost thereof. This provision shall not be construed to make Tenant responsible for loss, damage, liability or omission expense resulting from injuries to third parties caused by the sole negligence or willful misconduct of Landlord Landlord, or any of its agents officers, contractors, licensees, agents, employees, or employeesinvitees.

Appears in 2 contracts

Sources: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Demised Premises or from the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim, for events which arise subsequent to the date of this Agreement, pursuant to the terms of an indemnification agreement contained in a Purchase Agreement, previously executed by the parties. Tenant upon written notice from Landlord shall not be liable defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises, from any cause other then the gross negligence of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises. (b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary. (c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.

Appears in 2 contracts

Sources: Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall defend the same at Tenant's expense. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence or willful misconduct of Tenant acts. Landlord or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defects in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 2 contracts

Sources: Lease (Vstream Inc /Co), Lease Agreement (Vstream Inc /Co)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all cost, contractorsattorney's fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees. b. proceeding be brought against Landlord by reason of any such claim. Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or his agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defects in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 2 contracts

Sources: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or tile Premises for the conduct of its business or from any activity, work, or other thing done, done or permitted by the Tenant in or about the Building (or suffered by Tenant in or about the Premises), or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to the under tile terms of this Lease, or due to arising from any other act or omission or willful misconduct or negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all costs, contractorsattorneys' fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees. b. proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend the same at Tenant's expense by counsel reasonably acceptable satisfactory to Landlord. Tenant and hold Tenant harmless of, from and against any and as a material part of the consideration to Landlord hereby assumes all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with risk of damage to property or injury to or death of any person or damage to or theftpersons, loss or loss of the use of any property occurring in in, upon or about the Premises arising Premises, from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any cause other grossly negligent act or omission than negligence or willful misconduct of Landlord or any of its agents and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, Falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in tile Premises or in the Building unless known to Landlord or its agents. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. Landlord hereby indemnifies; and holds harmless Tenant and its agents, employees and successors and assignees against any and all liability, loss, suits, claims, actions, costs and expense arising from (i) Landlord's or Landlord's agents' breach of this Lease and (ii) the negligence or willful misconduct of Landlord or its agents.

Appears in 2 contracts

Sources: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act set or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee guest, or invitee of Tenant, and from all and against all cost, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 2 contracts

Sources: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant’s customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Common Areas, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by any act, omission the improvements located in the Leased Premises becoming out of repair or neglect of Tenant. Without limiting or being limited by any other indemnity defect in this Leaseor failure of equipment, but rather in confirmation pipes, or wiring, or by broken glass, or by the backing of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or the Property, or (5) arising out of the failure or cessation of any service provided by Landlord (including, without limitation, security services and furtherance thereofdevices), and Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costswithout limitation, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting Tenant or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable be responsible for and to Tenant indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent illegal act performed in, at or omission or willful misconduct of Landlord or any of its agents or employeesfrom the Leased Premises.

Appears in 2 contracts

Sources: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord, Landlord’s beneficiaries (if Landlord is a land trust), the managing agent of the Building, the leasing agent of the Building and their respective agents, partners, shareholders, officers, directors and employees of the Building harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Leased Premises or the Building arising from Tenant’s occupancy of the Leased Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the PremisesLeased Premises or the Building, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Sources: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)

Hold Harmless. a. Landlord shall not be liable To the fullest extent permitted by law, the INSPECTOR agrees to Tenantindemnify, defend and hold the DISTRICT entirely harmless from all liability arising out of: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to the INSPECTOR’s employees or the INSPECTOR’s subcontractor’s employees arising out of INSPECTOR’s work under this AGREEMENT; and (2) Liability for damages for (a) death or bodily injury to person; (b) injury to, loss or theft of property; (c) any failure or alleged failure to comply with any provision of law or (d) any other loss, damage or expense arising under either (a), (b), or (c) herein this paragraph, sustained by the INSPECTOR or any person, firm or corporation employed by the INSPECTOR upon or in connection with the PROJECT, except for liability resulting from the sole or active negligence, or willful misconduct of the DISTRICT, its agents, servantsofficers, employees, contractorsagents or independent consultants who are directly employed by the DISTRICT; (3) Any loss, customers injury to or invitees for any death of persons or damage to person or property caused by any act, neglect, default or omission of the INSPECTOR, or neglect of Tenant. Without limiting any person, firm or being limited corporation employed by any other indemnity in this Leasethe INSPECTOR, but rather in confirmation and furtherance thereofeither directly or by independent contract, Tenant agrees including all damages due to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to loss or theft, loss sustained by any person, firm or loss of corporation including the use of any property occurring in or about the Premises DISTRICT, arising from Tenant’s occupancy of the Premisesout of, or in any way connected with the conduct of its business PROJECT, including injury or from damage either on or off DISTRICT property; but not for any activityloss, workinjury, death or thing donedamages caused by the sole or active negligence, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agentsthe DISTRICT. INSPECTOR, employeesat INSPECTOR’s own expense, contractorscost, assignsand risk, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liensactions, costs and expenses (includingsuits, but not limited toor other proceedings that may be brought or instituted against the DISTRICT, court costsits officers, reasonable attorneys’ fees and litigation expenses) in connection with injury to agents or death employees on account of or founded upon any person or damage to or theft, loss or loss of the use of causes, damages or injuries identified herein Section H and shall pay or satisfy any property occurring in or about judgment that may be rendered against the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this LeaseDISTRICT, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its officers, agents or employeesemployees in any action, suit or other proceedings as a result thereof.

Appears in 2 contracts

Sources: Inspector Services Agreement, Inspector Services Agreement

Hold Harmless. a. Landlord OWNER and GPA shall not be liable to Tenant, its agents, servantsCONTRACTOR or to CONTRACTOR’s customers, employees, contractorsagents, customers guests or invitees invitees, or to any other person whomsoever, for any damage injury to person or damage to property on or about the LEASED PREMISES or the FACILITY, including, but not limited to, consequential damage: (1) caused by any actact or omission of CONTRACTOR, omission its employees, subcontractors, licensees, invitees and concessionaires invited by CONTRACTOR or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leaseperson entering the FACILITY or the LEASED PREMISES by express or implied invitation of CONTRACTOR; or (2) arising out of the use of the LEASED PREMISES or the FACILITY by CONTRACTOR, but rather in confirmation and furtherance thereofits employees, Tenant subcontractors, licensees, concessionaires invited by CONTRACTOR or invitees. CONTRACTOR hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord OWNER and GPA harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesfees) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. OWNER and GPA shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees CONTRACTOR for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other CONTRACTORs of the FACILITY or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord any CONTRACTOR specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant OWNER and GPA harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in LEASED PREMISES. CONTRACTOR’s obligations under this Section shall survive the expiration or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 2 contracts

Sources: Lease Agreement (Sionix Corp), Lease Agreement (Prime Bancorp Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation Tenant covenants and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold save Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to liability or death expense arising out of any claims of any person or damage to persons on account of any occurrence in, upon or theftat the Leased Premises, loss or loss resulting from the occupancy or use thereof by Tenant, or by any person or persons holding or using the Leased Premises thereunder, occasioned in whole or in part by reason of the improper and/or lack of control and supervision throughout the Common Areas of property owned or controlled by Tenant, or by reason of the use of any property occurring in or about the Premises arising from Tenant’s occupancy misuse of the parking area or any other Common Areas by Tenant or by any person or persons holding or using the Leased Premises, or the conduct of its business or from any activitypart thereof, workunder Tenant, or thing doneincluding without limitation, permitted or suffered by Tenant in or about the PremisesTenant's clients, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leaseinvites, or due to any other act or omission or willful misconduct of Tenant or any of its agents, contractors, employees, contractors, assignsservants, subtenants, guest assignees or invitees. b. licensees, and without limiting the generality of the foregoing, Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation further covenants and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant save Landlord harmless of, from and against any and all lossespenalty, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to damage or death charge incurred or imposed by reason of any violation of law or ordinance by Tenant or any person or persons holding under Tenant or using the Leased Premises or the Building or Common Areas, and from any cost, damage to or theft, loss or loss expense arising out of the use death of or injury to any property occurring in person or about persons holding under Tenant or using the Lease Premises arising or the Building or Common Areas and from any breach cost, damage or default on expense arising out of the death of or injury to any person or persons holding under tenant or using the Leased Premises, or any part thereof, or any part of the Building or Common Areas. In case any action or claim to which Landlord is entitled to indemnification shall be brought or asserted in any way against Landlord or Tenant, Tenant shall immediately notify Landlord of the performance of any covenant or agreement on the part of same and shall furnish Landlord with all relative information. Landlord shall be entitled, at Tenant's expense, to be performed pursuant participate in, and to the terms of this Leaseextent that it wishes, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesassume the defense thereof.

Appears in 2 contracts

Sources: Hospital Lease Agreement (Dynacq International Inc), Office/Surgical Care Center Lease Agreement (Dynacq International Inc)

Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by with counsel reasonably acceptable to Landlord Lessor and hold Landlord Lessor and Lessor’s Agents, partners, directors and shareholders harmless of, from and against any and all losses, damages, liabilities, claims, liensincluding those for property damage, costs and expenses or personal injury including death, arising out of (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesi) in connection with injury to or death of any person or damage to or theft, loss or loss Lessee’s use of the use of Premises or any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisespart thereof, or the conduct of its business or from (ii) any activity, work, work or other thing done, permitted or suffered by Tenant Lessee in or about the Premises, or from (iii) any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Lessee’s part of Tenant to be performed pursuant to under the terms of this Lease, Lease or due to (iv) any other act or omission or willful misconduct negligence of Tenant the Lessee or any of its agentsLessee’s Agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity and in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, each case from and against any and all damages, losses, damages, liabilities, claimspenalties, liensjudgments, and costs and expenses (including, but not limited towithout limitation, court costs, reasonable attorneys’ fees and litigation expensesfees) arising in connection with any such claim or claims as described in clauses (i) through (iv) above, or any suit, action or proceeding brought thereon. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage or loss to property or injury or death to persons in, upon or about all portions of the Premises from any cause, except to the extent caused by the gross negligence or willful misconduct of Lessor or Lessor’s Agents, and Lessee hereby waives all claims in respect thereof against Lessor. Lessor or its Agents shall not be liable for any loss or damage to any property by theft or otherwise, nor for any injury or death of any person or damage to or theft, loss or loss of the use of to persons or property resulting from any property accident, casualty or condition occurring in or about any portion of the Premises, or to any equipment, appliances or fixtures therein, or from any other cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Lessor or Lessor’s Agents where such loss is neither insured against nor required to be insured against by Lessee pursuant to this Lease. Lessor or its Agents shall not be liable for interference with the light or other incorporeal hereditaments, nor shall Lessor be liable for any latent defect in the Premises arising from any breach or default on the part of Landlord in the performance of Building. Notwithstanding any covenant or agreement on the part of Landlord to be performed pursuant to the terms other provision of this Lease, in no event shall Lessor have any liability for loss of business (including, without limitation, lost profits) by Lessee. Lessee shall give prompt written notice to Lessor in case of fire or due to accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. If, by reason of any other grossly negligent act or omission or willful misconduct of Landlord Lessee or any of its agents Lessee’s Agents, Lessor is made a party defendant to any litigation concerning this Lease or employeesany part of the Premises, Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from any liability and damages incurred by (or threatened against) Lessor as a party defendant, including without limitation all damages, costs and expenses, including attorneys’ fees.

Appears in 2 contracts

Sources: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)

Hold Harmless. a. Tenant shall indemnify, defend and hold Landlord harmless of and from any loss, reasonable attorney’s fees, expenses, claims, fines, suits, costs, and liability of every kind arising because of any bodily injury, death, and/or damage to property occurring in or resulting from any occurrence in the Leased Premises during the Term of this Lease and any holdover period save and except for any costs occasioned by the gross negligence or willful wrongful acts of Landlord or its agents or employees. Landlord shall not be liable to Tenant, Tenant’s employees, agents, invitees, licensees, or visitors, or to any other person, for any injury to person or damage to property on or about the Leased Premises caused by any act or omission of Tenant or its agents, servants, or employees, contractorsor of any other person entering upon the Leased Premises under express or implied invitation by Tenant, customers or invitees for any damage to person or property caused by any actthe improvements located on the Leased Premises becoming out of repair, omission the failure or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death cessation of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesservice provided by Landlord (including security service and devices), or the conduct caused by leakage of its business or from any activitygas, workoil, water, or thing donesteam or by electricity emanating from the Leased Premises. WITHOUT LIMITATION, permitted or suffered by Tenant in or about the PremisesLANDLORD AND TENANT INTEND AND AGREE THAT THE FOREGOING INDEMNITIES AND RELEASES SHALL APPLY TO EACH INDEMNIFIED PARTY WITH RESPECT TO ANY LOSS, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseATTORNEYS’ FEES, or due to any other act or omission or willful misconduct of Tenant or any of its agentsEXPENSES, employeesCLAIMS, contractorsFINES, assignsSUITS, subtenantsCOSTS, guest or inviteesAND LIABILITY OF EVERY KIND THAT IN WHOLE OR IN PART ARE CAUSED BY OR ARISE OUT OF THE NEGLIGENCE OF SUCH (AND/OR ANY OTHER) INDEMNIFIED PARTY. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Sources: Commercial Lease (Karat Packaging Inc.), Commercial Lease (Karat Packaging Inc.)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney's fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in any case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any loss or damage to Landlordpersons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of the Landlord or its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light, employeesair, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.

Appears in 2 contracts

Sources: Commercial Lease (Northern Empire Bancshares), Commercial Lease (Northern Empire Bancshares)

Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel approved by Landlord, all actions against Landlord, any member, partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord (collectively, “Landlord Parties”), holders of mortgages secured by the Premises or the Project and any other party having an interest therein (collectively with Landlord Parties, the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) injury to or death of any person, or damage to or loss of property on the Premises, the Project, on adjoining sidewalks, streets or ways, that is in any of the foregoing cases, connected with the use, condition, or occupancy of the Premises, except to the extent, if any, caused by the negligence or willful misconduct of Landlord or its employees, contractors or agents or Landlord’s violation of this Lease, (b) any violation of this Lease by or attributable to Tenant, or (c) subject to Section 13.4, any act, fault, omission, or other misconduct of Tenant or its agents, contractors, licensees, sublessees, or invitees. Tenant hereby releases the Indemnified Parties from any and all such claims for any damage or injury to the fullest extent permitted by law. 21.2 Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person fatal or non-fatal bodily injury or property caused damage occasioned by any act, omission the acts or neglect omissions of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisestenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any such other act or omission or willful misconduct of Tenant or any of its tenant’s agents, employees, contractorslicensees, assigns, subtenants, guest or invitees. b. Tenant , of the Project. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any damage losses due to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss burglary, or loss of the use of any property occurring in or about the Premises arising from any breach or default damages done by persons on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesProject.

Appears in 2 contracts

Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Hold Harmless. a. Landlord 13.1 The Managing General Agent shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord the Company harmless of, from and against any and all lossesclaims, demands, causes of action, damages, liabilities, claims, liens, costs judgments and expenses (including, but not limited to, court costs, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) which may be made against the Company and which arise, either directly or indirectly, out of any action or inaction of the Managing General Agent or the Managing General Agent’s employees or representatives in connection with injury to any rights or death of any person or damage to or theft, loss or loss obligations of the use of Managing General Agent incurred in connection with this Agreement or with asserting rights hereunder including, but not limited to, any property occurring in action or about the Premises arising from Tenant’s occupancy inaction of the Premises, or Managing General Agent concerning the conduct termination of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed Agent(s) pursuant to the terms of this Lease, Texas Insurance Code or due to any other act applicable law or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesregulation. b. Tenant 13.2 The Company shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant the Managing General Agent harmless of, from and against any and all lossesclaims, demands, causes of action, damages, liabilities, claims, liens, costs judgments and expenses (including, but not limited to, court costs, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) which may be made against the Managing General Agent and which arise, either directly or indirectly, out of any action or inaction of the Company including, but not limited to, any such acts of negligence by the Company in connection with injury to any rights or death of any person or damage to or theft, loss or loss obligations of the use Company incurred in connection with this Agreement or with asserting rights hereunder. 13.3 The Reinsurer is hereby named as a third party beneficiary to all promises, duties and obligations of any property occurring in or about indemnification made by the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant Managing General Agent to the terms Company to the extent of this Leaseall damages, fines, penalties and/or loss incurred by the Reinsurer as a direct result of indemnifying and holding the Company harmless for the actions and/or inactions of the Managing General Agent. Upon indemnification by the Reinsurer, the Company shall assign its rights of recourse against the Managing General Agent to the Reinsurer, provided always that any benefit or due right of recourse extended to any other grossly negligent act or omission or willful misconduct the Reinsurer shall be subordinate to that of Landlord or any of its agents or employeesthe Company.

Appears in 2 contracts

Sources: Managing General Agency Agreement, Managing General Agency Agreement (Affirmative Insurance Holdings Inc)

Hold Harmless. a. (a) Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold the Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, the Building or the Project, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, all subject, however, to the provisions of Section 21(e) hereof. b. (b) Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity Subject to the provisions and limitations of Landlord personal liability set forth in this Lease, but rather in confirmation and furtherance thereofSection 34, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold the Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from Landlord’s negligence or intentional acts or omissions, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due all subject, however, to any other grossly negligent act or omission or willful misconduct the provisions of Landlord or any of its agents or employeesSection 21(e) hereof.

Appears in 2 contracts

Sources: Office Lease Agreement (Emdeon Inc.), Office Lease Agreement (Emdeon Inc.)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, done or permitted by the Tenant in or about the Building (or suffered by Tenant in or about the Premises), or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct or negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all costs, contractorsattorneys' fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees. b. proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend the same at Tenant's expense by counsel reasonably acceptable satisfactory to Landlord. Tenant and hold Tenant harmless of, from and against any and as a material part of the consideration to Landlord hereby assumes all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with risk of damage to property or injury to or death of any person or damage to or theftpersons, loss or loss of the use of any property occurring in in, upon or about the Premises arising Premises, from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any cause other grossly negligent act or omission than negligence or willful misconduct of Landlord or any of its agents and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in the Premises or in the Building unless known to Landlord or its agents. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.

Appears in 2 contracts

Sources: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)

Hold Harmless. a. Landlord CONSULTANT hereby agrees to and shall not be liable to Tenanthold TOWN and VTA, its elective and appointive boards, commissions, officers, agents, servantsregistered volunteers, employeesand employees harmless from any liability for damage or claims for damage for personal injury, contractorsincluding death, customers or invitees as well as from claims for any property damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by and any other indemnity in this Leaseclaims of any sort what so ever, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costsany liabilities, reasonable attorneys’ fees and litigation expenses) claims, losses, or expenses in any manner caused by, arising out of, or in connection with injury to with, either directly or death indirectly, the construction or installation of any person or damage to or theftthe work, loss or loss the guarding of the work, the use of any property occurring improper materials in or about the Premises arising from Tenant’s occupancy construction of the Premiseswork, or the conduct of its business or from any activitynegligent, workwillful, or thing doneintentional acts or omissions by CONSULTANT or CONSULTANT's subconsultants, permitted or suffered by Tenant in or about the Premisesagents, or from employee operations under this AGREEMENT, whether such operations by CONSULTANT or by any breach of CONSULTANT's subconsultants, or by any one or more persons directly or indirectly employed by, or acting as agent for CONSULTANT or any of CONSULTANT's subconsultants during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONSULTANT for default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, AGREEMENT or due to any other act or omission arising from the sole active negligence or willful misconduct of Tenant the TOWN. The Town Council may retain as much of the money due to the CONSULTANT as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or any claims for damages as aforesaid. CONSULTANT agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONSULTANT shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, employeesand employees from any suits or actions at law or in equity arising out of the execution, contractorsadoption or implementation of this AGREEMENT (exclusive of any such actions brought by CONSULTANT), assignssuch indemnification to include all costs of defense, subtenantsjudgments, guest and any awards of attorneys' fees. Should any accident or invitees. b. Tenant shall not be liable to Landlordincident causing death, its agents, servants, employees, contractors, customers or invitees for any damage to person personal injury or property caused by any actdamage occur between the date CONSULTANT is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees CONSULTANT's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but the fact that the TOWN had not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death received the notice of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant cancellation prior to the terms date of this Lease, such accident or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesincident.

Appears in 2 contracts

Sources: Agreement for Consultant Services, Consultant Services Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Landlord or to Landlord’s agents, contractors, customers, employees, invitees, licensees, servants or visitors (collectively, "Landlord Related Party”) for any damage to person or property caused by any act, omission or neglect of Landlord, its agents, contractors, customers, employees, invitees, licensees, servants or visitors and Landlord agrees to, subject to Section 6.7, indemnify, defend, and hold Tenant harmless from all Losses (as defined in Section 8.6.2) resulting from such damage. Neither Landlord nor any mortgagee(s) shall be liable to Tenant, its agents, servantscontractors, customers, employees, contractorsinvitees, customers licensees, servants or invitees visitors for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting , its agents, contractors, customers, employees, invitees, licensees, servants or being limited by any other indemnity in this Lease, but rather in confirmation visitors and furtherance thereof, Tenant agrees to, subject to Section 6.7, indemnify, defend by counsel reasonably acceptable to Landlord defend, and hold Landlord and any mortgagee(s) harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or Losses resulting from any activity, work, or thing done, permitted or suffered by Tenant such damage. Notwithstanding anything contained in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant this Lease to the terms contrary, the provisions of this Section 6.6 shall survive the termination of this Lease. If the obligation or liability of Landlord, as set forth in any other part of this Lease, are less than or due contradictory of this indemnity clause, the provisions of this clause shall be deemed and construed to any be modified by such other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant parts. This indemnity shall not be deemed or construed to make Landlord liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage matter that Tenant is obligated to person do or property caused omit by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofby law, an obligation to a third party, or otherwise. The liability of Tenant to indemnify Landlord, as hereinabove set forth, shall not apply to the extent Landlord agrees to indemnify, defend shall be effectively protected by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord insurance required to be performed pursuant to carried by Landlord under this Lease provided Landlord has a valid claim against such insurer therefor. If the terms obligation or liability of Tenant, as set forth in any other part of this Lease, are less than or due contradictory of this indemnity clause, the provisions of this clause shall be deemed and construed to be modified by such other parts. This indemnity shall not be deemed or construed to make Tenant liable for any other grossly negligent act matter that Landlord is obligated to do or omission omit by this Lease, by law, an obligation to a third party, or willful misconduct of Landlord or any of its agents or employeesotherwise.

Appears in 2 contracts

Sources: Office Lease Agreement (Exterran Holdings Inc.), Office Lease Agreement (Exterran Energy Solutions, L.P.)

Hold Harmless. a. Landlord shall not Lessor will be liable held harmless by Lessee from any liability (including reimbursement of reasonable attorneys’ fees and all costs) for damages to Tenantany person or any property in or upon the Leased Space at Lessee's invitation, its or for damages to any person or property resulting from the actions of Lessee (including damages caused by or resulting from the existence of the Structures) on the Leased Space, unless the damages are caused by, or are the result of, the willful misconduct or negligence of Lessor or any of Lessor's agents, servants, employees, contractorslicensees or invitees. Notwithstanding any provisions herein to the contrary, customers it is understood and agreed that all property kept, installed, stored or invitees maintained in or upon the Leased Space by Lessee will be so installed, kept, stored or maintained at the risk of Lessee. Lessor will not be responsible for any loss or damage to person equipment owned by Lessee which might result from tornadoes, lightning, wind storms, or property caused by any actother Acts of God; provided, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leasehowever, but rather in confirmation Lessor will be responsible for, and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord Lessee harmless of, from and against any liability (including reimbursement of reasonable legal fees and all lossescosts), damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury for damages to or death of any person or damage to any property in or theft, loss upon the Premises or loss Leased Space arising out of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct or negligence of Tenant Lessor or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its Lessor's agents, servants, employees, contractorslicensees or invitees. Except for willful misconduct, customers Lessee will in no event be liable in damages for ▇▇▇▇▇▇'s business loss, business interruption or invitees for any damage to person other consequential damages of whatever kind or property caused by any actnature, omission or neglect regardless of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, the cause of the damages, liabilitiesand Lessor, claimsand anyone claiming by or through Lessor, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of expressly waives all claims for the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesdamages.

Appears in 2 contracts

Sources: Option and Land Lease, Option & Land Lease

Hold Harmless. a. Landlord shall not be liable to Tenant for any damage to or loss of any property of Tenant’s agents, employees, licensees, invitees, contractors or other persons, which Tenant places or permits to be placed within the Premises; and Tenant agrees to indemnify, hold harmless, and defend Landlord, at Tenant’s sole cost and expenses, from all claims liabilities and expenses (including reasonable attorney’s fees) incurred by Landlord arising from any such damage or loss. To the extent not prohibited by law, and to the extent that Landlord or its agents are neither negligent nor willful, Landlord shall not be liable for any injuries to Tenant, its agents, servants, employees, contractorslicensees, customers invitees, contractors or invitees for other persons, caused by: the condition, operation or maintenance of the Property; the acts of any damage to person employee, agent, licensee, invitee, or property caused by any act, omission or neglect contractor of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofthe Landlord, Tenant agrees to or other tenants of the Property; or the general public. Tenant shall indemnify, hold harmless and defend by counsel reasonably acceptable to Landlord Landlord, at Tenant’s sole cost and hold Landlord harmless ofexpense, from and against any and all claims, damages to property, injuries to persons, losses, damages, liabilities, claims, liens, costs liabilities and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expensesattorney’s fees) in connection with injury to or death of arising from any person or damage to or theft, loss or loss of the use of any property occurring in or about occurrence within the Premises arising from that is the fault of Tenant’s occupancy of the Premises, ; any act or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its Tenant’s employees, agents, licensees, invitees and contractors within the Property; or Tenant’s breach of any covenant under this Lease. In the event any suit shall be instituted against Landlord by any third person for which Tenant is hereby indemnifying and holding Landlord harmless, Tenant shall defend such suit at Tenant’s sole cost and expense with counsel reasonably satisfactory to Landlord; or, at Landlord’s election, Landlord may defend such suit, in which event Tenant shall pay Landlord, as Additional Rent, Landlord’s costs of such defense. The aforesaid indemnifications and obligations shall survive the Term; and, for purposes of Tenant’s obligations under this Section, the term “Landlord” shall mean and include Landlord and all members, managers, partners, directors, officers and shareholders of Landlord, their agents, employees, independent contractors, representatives, successors and assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Sources: Standard Office Building Lease (Eargo, Inc.), Standard Office Building Lease (Eargo, Inc.)

Hold Harmless. a. Landlord Neither Beneficiary or Trustee shall be -------------- obligated to perform or discharge, and do not be liable undertake hereby to Tenantperform nor to discharge, its agentsany obligation, servantsduty or liability with respect to the Trust Property or the Leases solely by reason of this Deed of Trust, employeesand Trustor shall and does hereby agree to defend, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord hold harmless and hold Landlord harmless of, protect Beneficiary or Trustee from and against any and all claims, losses, damagesexpenses, liabilitiesdamage and liabilities (including, claimswithout limitation, liensreasonable attorneys' fees) which may arise or be incurred or accrue in connection therewith, except, in each case, to the extent incurred as a result of the negligence or misconduct of Beneficiary or Trustee, as the case may be, or the failure of Beneficiary or Trustee, as the case may be, to comply in all material respects with Applicable Laws. Should Beneficiary or Trustee incur any such liability, loss or damage, the amount thereof, including all reasonable attorneys' fees and reasonable costs and expenses (includingassociated with actions taken by Beneficiary, but not limited toas the case may be, court costsin defense thereof, reasonable attorneys’ fees or otherwise in protecting its interests hereunder, shall be part of the Mortgaged Obligations and litigation expenses) in connection with injury shall be secured hereby, and Trustor covenants and agrees to or death of reimburse Beneficiary therefor promptly following demand. Should Trustee incur any person or damage to or theftsuch liability, loss or loss of damage, the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation amount thereof including all reasonable attorneys' fees and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, reasonable costs and expenses (includingassociated with actions taken by Trustee in defense thereof, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to shall be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesreimbursed by Trustor promptly after demand therefor.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Jafra Cosmetics International Sa De Cv), Credit Agreement (Jafra Cosmetics International Sa De Cv)

Hold Harmless. a. Landlord Tenant does and shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation indemnify and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold keep Landlord harmless of, from and against any and all losses, damages, liabilitiesfines, claimspenalties, liensliabilities and expenses, costs and expenses (including, but without limitation, attorney's fees incurred whether or not limited tosuit is brought, court costs, reasonable attorneys’ fees at trial and litigation expenses) appellate levels which may arise or be claimed against Landlord and be in connection with injury to or death favor of any person persons or damage to entities, consequent upon or theft, loss or loss of arising from the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the PremisesPromises by Tenant. or consequent upon or arising from any acts. omissions, neglect or fault of Tenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its their respective agents, servants, employees, contractorslicensees, customers visitors, customers, patrons or invitees for invitees, or consequent upon or arising from Tenant's failure to comply with any damage to person laws, statutes, ordinances, codes or property caused by any act, omission or neglect of Landlordregulations as herein provided. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable shall not be liable to Tenant and hold Tenant harmless ofdoes hereby release, remise, quitclaim and forever discharge Landlord from and against any and all damages, losses, damagesclaims or injuries to the officers, liabilitiesdirectors, claimsowners, liensagents, costs servants, employees, licensees, guests, visitors, customers, persons or property of Tenant which may be caused by the acts, neglect, omissions or faults of any persons or entities except for the negligence of Landlord or its employees. Tenant shall look solely to Landlord's interest in the Building and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in Landlord's personal property used in connection therewith for the satisfaction of any judgment or decree based upon any matters arising in connection with injury or in any way related to this Lease or death of any person the Building and no other property or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part asset of Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of such judgment or decree. In case Landlord shall be made a party to any litigation commenced against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation and any appeal thereof. The provisions of this paragraph shall survive the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Sources: Office Lease Agreement (Claires Stores Inc), Office Lease Agreement (BMS Distributing Corp.)

Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel reasonably approved by Landlord, all actions against Landlord, any member, partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord (collectively, “Landlord Parties”), holders of mortgages secured by the Premises or the Project and any other party having an interest therein (collectively with Landlord Parties, the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) injury to or death of any person, or damage to or loss of property on the Premises, or the use, condition, or occupancy of the Premises by Tenant, except to the extent, if any, caused by the negligence or willful misconduct of Landlord or any Indemnified Parties and not insured (or required to be insured) by Tenant under this Lease, (b) any violation of this Lease by or attributable to Tenant, or (c) subject to Section 13.4, any wrongful act, fault, omission, or other misconduct of Tenant or its agents, contractors, licensees, sublessees, or invitees. Tenant agrees to use and occupy the Premises and other facilities of the Project at its own risk, and hereby releases the Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law, except in each case, to the extent, if any, caused by the gross negligence or willful misconduct of Landlord or any Indemnified Parties and not covered by insurance carried by Tenant (or that would have been covered under insurance that Tenant is obligated to carry under this Lease). 21.2 Except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord Parties in providing access to the Premises, Tenant agrees that (i) Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person fatal or non-fatal bodily injury or property caused damage occasioned by any act, omission the acts or neglect omissions of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisestenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any such other act or omission or willful misconduct of Tenant or any of its tenant’s agents, employees, contractorslicensees, assigns, subtenants, guest or invitees. b. Tenant , of the Project and (ii) Landlord shall not be liable to LandlordTenant for losses to property due to theft or burglary, its agentsor damages from criminal acts, servants, employees, contractors, customers or invitees for any damage to person or property caused done by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default persons on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any Project other grossly negligent act or omission or willful misconduct of than Landlord or any its employees or agents. Table of its agents or employees.Contents

Appears in 2 contracts

Sources: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)

Hold Harmless. a. Landlord shall not be liable to Tenant for any damages to the Premises or the Total Property, nor for any damages to Tenant on or about the Total Property, nor for any other damages arising from the action or negligence of Tenant, co-tenants or other occupants of the Total Property; and Tenant hereby releases, discharges and shall indemnify, hold harmless and defend Landlord, at Tenant’s sole cost and expense, from all losses, claims, liability, damages and expenses (including reasonable attorneys’ fees) due to any damage or injury to persons or property of the parties hereto or of third persons, caused by Tenant’s use or occupancy of the Premises, Tenant’s breach or default of any covenant under this Lease, or Tenant’s use of any equipment, facilities or property in, on, or adjacent to the Total Property. Furthermore, Tenant shall at all times remain liable for, and indemnify and hold harmless Landlord as aforesaid against, any damage or injury arising from perils against which Tenant is required by this Lease to insure, regardless of the negligence or willful act or omissions of others. In the event any suit shall be instituted against Landlord by any third person for which Tenant is hereby indemnifying and holding Landlord harmless, Tenant shall defend such suit at Tenant’s sole cost and expense with counsel reasonably satisfactory to Landlord; or, in Landlord’s discretion, Landlord may elect to defend such suit, in which event Tenant shall pay Landlord, as Additional Rent, Landlord’s costs of such defense. To the maximum extent permitted by law, Landlord shall indemnify, hold harmless and (at Tenant’s option) defend Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation servants and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, employees from and against any and all losses, damages, liabilities, claims, liensactions, losses, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses) in connection with injury other professional fees), judgments, settlement payments, and, whether or not reduced to or death of any person or damage to or theftfinal judgment, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesall liabilities, damages, or the conduct of its business or from any activityfines paid, work, or thing done, permitted incurred or suffered by Tenant in any third parties to the extent arising directly or about the Premises, or indirectly from (a) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to by Landlord under the terms of this Lease, (b) the use or due to any other act or omission or willful misconduct occupancy of Tenant the Property by Landlord or any of its agents, employees, contractors, assigns, subtenants, guest person claiming through or invitees. b. Tenant shall not be liable to under Landlord, its agentsand/or (c) any acts or omissions of Landlord or any contractor, servantsagent employee, employees, contractors, customers invitee or invitees for any damage to person or property caused by any act, omission or neglect licensee of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Property. The foregoing indemnity is in addition to, and not in substitution for any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of indemnity given by Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesTenant under Section 2.

Appears in 1 contract

Sources: Lease Agreement (Sand Hills, Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against (i) any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, work or thing done, other things done permitted or suffered by the Tenant in or about the Premises, or the Building and the property upon which the Building is located, (ii) any and all claims arising from any breach or of default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, and (iii) all cost, attorney's fees, expenses and liabilities incurred in connection with any such claim or willful misconduct any action or proceeding brought thereon. In the event any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant shall, upon written notice from Landlord, defend the same, at Tenant's sole cost and expense, by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, the Building and the property upon which the Building is located from any cause occasioned by Tenant or any officer, agent, employee, licensee or invitee of Tenant other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable to Tenant or to Tenant's officers, employees, agents, licensees, or invitees, or to any other person whomsoever, for any damage to property entrusted to employees of the Building, nor for any loss or damage to any property or any injury to or damage to persons resulting from any part of the Building or the land upon which the Building is located or related improvements or appurtenances thereto becoming out of repair, any defect in or failure of pipes or wiring, the backing up of any drains or the bursting or leaking of any pipes, faucets and plumbing fixtures, any gas, water, steam, electricity, oil or rain leaking, escaping or flowing into the Premises from any part of the Building, or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface or from any other place resulting from dampness or any other cause whatsoever, theft, fire, explosion, act of God, riot, war, insurrection, court order or order of governmental authority or any other matter beyond the control of the Landlord, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment located therein.

Appears in 1 contract

Sources: Office Building Lease (Vialog Corp)

Hold Harmless. a. Tenant shall indemnify and save harmless Landlord shall not be liable to against and from (i) any and all claims against Landlord of whatever nature arising from any act, omission or negligence of Tenant, its contractors, licensees, agents, servants, employees, contractorsinvitees and/or visitors, customers (ii) all claims against Landlord arising from any accident, injury or invitees for damage whatsoever caused to any damage to person or to the property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theftand occurring during the Lease Term in, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in around or about the Premises, or (iii) all claims against Landlord arising from any breach accident, injury or default on damage occurring outside of the part Premises, but within or about the Land and Building where such accident, injury or damage results or is claimed to have resulted from an act or omission of Tenant in the Tenant, its contractors, licensees, agents, servants, employees, invitees and/or visitors, and (iv) any breach, violation or non-performance of any covenant or agreement of the terms, covenants, and conditions contained in this Lease on the part of Tenant to be performed pursuant to the terms of this Leasefulfilled, or due to any other act or omission or willful misconduct of Tenant or any of its agentskept, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlordobserved and performed. Without limiting or being limited by any other This indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, covenant shall include indemnity from and against any and all lossesliability, damagesfines, liabilitiessuits, claims, liensdemands, costs and expenses (including, but not limited to, court costs, reasonable including attorneys' fees and litigation expensesdisbursements) of any kind or nature incurred in connection with injury to any such claim or death of any person proceeding brought thereon, and the defense thereof by Landlord. This indemnity and hold harmless covenant shall survive the Expiration Date or damage to or theft, loss or loss the earlier termination of the use Lease Term for acts or omissions alleged to have occurred during the Lease Term and for any period of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant time prior to the terms Commencement Date of this Lease, or due the Lease during which Tenant was given access to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesthe Premises.

Appears in 1 contract

Sources: Lease Agreement (Tenera Inc)

Hold Harmless. a. Landlord OWNER and GPA shall not be liable to Tenant, its agents, servantsCONTRACTOR or to CONTRACTOR’s customers, employees, contractorsagents, customers guests or invitees invitees, or to any other person whomsoever, for any damage injury to person or damage to property on or about the STORAGE FACILITY or the TERMINAL, including, but not limited to, consequential damage: (1) caused by any actact or omission of CONTRACTOR, omission its employees, subcontractors, licensees, invitees and concessionaires invited by CONTRACTOR or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leaseperson entering the TERMINAL or the STORAGE FACILITY by express or implied invitation of CONTRACTOR; or (2) arising out of the use of the STORAGE FACILITY or the TERMINAL by CONTRACTOR, but rather in confirmation and furtherance thereofits employees, Tenant subcontractors, licensees, concessionaires invited by CONTRACTOR or invitees. CONTRACTOR hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord OWNER and GPA harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesfees) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. OWNER and GPA shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees CONTRACTOR for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other CONTRACTORS at the TERMINAL or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord any CONTRACTOR specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant OWNER and GPA harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in STORAGE FACILITY. CONTRACTOR’s obligations under this Section shall survive the expiration or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesSUBSTORAGE AGREEMENT.

Appears in 1 contract

Sources: Substorage Agreement

Hold Harmless. a. Unless and to the extent caused by Landlord's ------------- negligence or willful misconduct, Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Premises, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord (including security service and devices), omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whomsoever, excepting only duly authorized employees and agents of Landlord acting within the scope of their authority. Further, Tenant specifically agrees to person be responsible for and indemnify and hold Landlord harmless from any and all damages or property expenses of whatever kind arising out of or caused by any acta burglary, omission theft, vandalism, malicious mischief or neglect of other illegal acts performed in, at or from the Premises unless caused by Landlord's negligence or willful misconduct. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Tenant and hold Tenant harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to or death of any person or damage to or theft, loss or loss arising out of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or any of its agents or employeesLandlord.

Appears in 1 contract

Sources: Lease Agreement (Liposcience Inc)

Hold Harmless. a. Except to the extent attributable to the negligence or willful misconduct of Landlord, Landlord shall not be liable to Tenant for any damages to the Premises or the Property, nor for any damages to Tenant on or about the Property, nor for any other damages arising from the action of Landlord, Tenant, its agentsco-tenants or other occupants of the Property; and Tenant hereby releases, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation discharges and furtherance thereof, Tenant agrees to shall indemnify, hold harmless and defend by counsel reasonably acceptable to Landlord Landlord, at Tenant’s sole cost and hold Landlord harmless ofexpense, from and against any and all losses, claims, liability, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expensesattorney’s fees) in connection with due to any damage or injury to persons or death of any person or damage to or theft, loss or loss property of the use parties hereto or of any property occurring in or about the Premises arising from third persons, caused by Tenant’s use or occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any Tenant’s breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of under this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the Tenant’s use of any equipment, facilities or property occurring in in, on, or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant adjacent to the terms Property. In the event any suit shall be instituted against Landlord by any third person for which Tenant is hereby indemnifying and holding Landlord harmless, Tenant shall defend such suit at Tenant’s sole cost and expense with counsel reasonably satisfactory to Landlord; or, in Landlord’s discretion, Landlord may elect to defend such suit, in which event Tenant shall pay Landlord, as Additional Rent, Landlord’s costs of such defense. This Paragraph shall survive the expiration or earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 1 contract

Sources: Lease Agreement (Shutterfly Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Common Area, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever, but rather in confirmation excepting only duly authorized employees and furtherance thereofagents of Landlord acting within the scope of their authority. Further, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLeased Premises.

Appears in 1 contract

Sources: Office Lease Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord defend, and hold harmless Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liensdemands, costs and expenses (includingliability, but not limited toloss, court costsor damage, reasonable attorneys’ fees and litigation expenses) in connection with whether for injury to or death of any person persons or damage to real or theftpersonal property, loss arising out of or loss of in connection with the Premises, Tenant's use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or other thing done, permitted permitted, or suffered by Tenant in or about the PremisesBuilding, or arising from any reason or cause whatsoever in connection with the use or occupancy of the Premises by any party during the term of this Lease. This indemnification by Tenant shall include indemnity for the acts or omissions of Landlord and its agents, servants, and employees to the fullest extent allowed by law. Tenant shall further indemnify, defend, and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, Lease or due to arising from any other act or omission or willful misconduct negligence of Tenant or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from and against all costs, contractorsattorney's fees, assignsexpenses, subtenantsand liabilities incurred as a result of any such claim or any action or proceeding brought thereon. In any case, guest action, or invitees. b. proceeding brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises from any cause other than causes solely as a result of Landlord's negligent or intentional acts or omissions, and Tenant hereby waives all claims in respect thereof against Landlord. Tenant's obligation to indemnify under this paragraph shall include attorney's fees, investigation costs, and other reasonable costs, expenses, and liabilities incurred by Landlord. If the ability of Tenant to use the Premises or the Building is interrupted for any reason, Landlord shall not be liable to Tenant for any loss or damages occasioned by such loss of use, unless said interruption is solely as a result of Landlord's negligence or intentional misconduct. b. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Building or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to, the intentional acts or omissions of Landlord, its agents, servants, or employees. Landlord, contractorsor its agents, customers shall not be liable for interference with the light or invitees other incorporeal hereditament or loss of business by Tenant, nor shall Landlord be liable for any damage latent defect in the Premises or in the Building. Tenant shall give prompt notice to person Landlord in case of fire or property caused by any act, omission accidents in the Premises or neglect in the Building or of Landlord. Without limiting defects therein or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, the fixtures or equipment. c. Landlord agrees to indemnifyshall indemnity, defend by counsel reasonably acceptable to Tenant and hold harmless Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liensdemands, costs and expenses (includingliability, but not limited toloss, court costsor damage, reasonable attorneys’ fees and litigation expenses) in connection with whether for injury to or death of any person persons or damage to real or theftpersonal property, loss or loss arising directly out of the use of any property occurring in active negligence or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful wilful misconduct of Landlord or any of Landlord, its agents or employees.

Appears in 1 contract

Sources: Office Building Lease (Intek Information Inc)

Hold Harmless. a. 13.1. Excepting any damage caused by Landlord's negligence or willful misconduct, Landlord shall not be liable for any damage to, or loss of, personal property in the Premises belonging to Tenant, its employees, agents, servantsvisitors, employees, contractors, customers licensees or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant persons in or about the Premises, or for damage or loss suffered by the business of Tenant, from any breach cause whatsoever, including, without limiting the generality thereof, such damage, or default on the loss resulting from fire, steam, smoke, electricity, gas, water, rain, ice or snow, which may leak or flow from or into any part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeasePremises, or due from the breakage, leakage, obstruction or other defects of the pipes, wires, appliances, plumbing, air-conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, or from other sources. Landlord shall not be liable in any manner to any other act or omission or willful misconduct of Tenant or any of Tenant, its agents, employees, contractorsinvitees or visitors for any injury or damage to Tenant, assignsTenant's agents, subtenantsemployees, guest invitees or invitees. b. visitors, or their property, caused by the criminal or intentional misconduct, or by any act or neglect of third parties or of Tenant, Tenant's agents, employees, invitees or visitors, or of any other tenant of the Building. Tenant covenants that no claim shall not be made against Landlord by Tenant, or by any agent or servant of Tenant, or by others claiming the right to be in the Premises or in the Building through or under Tenant, for any injury, loss or damage to the Premises or to any person or property occurring upon the Premises from any cause other than the negligence or willful misconduct of Landlord. In no event shall Landlord be liable to Tenant for any consequential damages sustained by Tenant arising out of the loss or damage to any property of Tenant. 13.2. Tenant covenants and agrees to save Landlord and Landlord's Agent harmless and indemnified from all loss, damage, liability or expense of any kind, incurred, suffered or claimed by any person whomsoever, or for any damage or injury to any persons or property from any cause whatsoever, by reason of the use or occupancy by Tenant, its agents, servants, employees, contractorsinvitees or visitors of the Premises, customers or invitees for of the Building, or the parking facilities or any damage to person or property other common element not caused by any act, omission the gross negligence or neglect willful misconduct of Landlord. 13.3. Without limiting Unless due to Tenant’s negligence or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofwillful misconduct, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold save Tenant harmless of, against and from and against any and all lossesclaims, damages, liabilitieslosses, claims, liens, costs liabilities and expenses (includingincluding reasonable attorney’s fees), but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury due to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any a breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct . The obligations of Landlord under this section, and which are incurred by Landlord while this Lease is in existence, shall survive any termination of this Lease. 13.4. It is understood that employees of Landlord are prohibited as such from receiving any packages or other articles delivered to the Building for Tenant and that should any such employee receive any such packages or articles, he or she in so doing shall be the agent of its agents or employeesTenant and not of Landlord.

Appears in 1 contract

Sources: Lease Agreement (Old Line Bancshares Inc)

Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord the Lessor and the property of the Lessor, including the Premises, free and harmless of, from and against any and all losses, damages, liabilities, claims, liensliability, costs loss, damage or expense, except in the event of the Lessor’s sole negligence or willful misconduct, resulting from ▇▇▇▇▇▇’s occupation and expenses (includinguse of the Premises and related Airport facilities and Lessee’s business operations conducted at ▇▇▇▇▇▇ Field – Magic Valley Regional Airport, but not limited toincluding any claim, court costsliability, reasonable attorneys’ fees and litigation expenses) in connection with loss, or damage arising by reason of injury to or death of any person or persons or by reason of damage to any property caused by ▇▇▇▇▇▇’s business operations at ▇▇▇▇▇▇ Field- Magic Valley Regional Airport, the condition of the Premises, the condition of any of Lessee’s improvements or theftpersonal property in or on the Premises or Airport related facilities, loss or the acts or omissions of any person in or on the Premises or Airport related facilities with the express or implied consent of the Lessee including but not limited to the Lessee, its employees, agents, invitees, licensees, subtenants, assignees, concessionaires, occupants and users of the Premises. Provided however, ▇▇▇▇▇▇ shall have no obligation to indemnify and hold the Lessor harmless for claims, liability, loss, damage or expense directly resulting from ▇▇▇▇▇▇’s negligence or willful misconduct except by way of liability insurance required in Section 19. Lessor shall not be liable for any personal injury or property damage which may be sustained by Lessee, its employees, agents, invitees, customers or other persons, that occurs on the Premises, or at ▇▇▇▇▇▇ Field – Magic Valley Regional Airport that are the direct result of the activities of the Lessee, its employees, agents, invitees, licensees, subtenants, assignees, concessionaires, occupants and users of the Premises, and ▇▇▇▇▇▇ agrees to indemnify and hold Lessor harmless from such liability. Lessor shall not be liable for injury to ▇▇▇▇▇▇'s business or any loss of income there from or for damage to the use property of Lessee, Lessee's employees, invitees, customers, or any property occurring other person in or about the Premises arising from Tenantor related Airport facilities for purposes of Lessee’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant business. Lessor shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by damages arising from any act, omission act or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death tenant of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLessor.

Appears in 1 contract

Sources: Airport Ground Lease Agreement

Hold Harmless. a. A. Subject to all other applicable terms and conditions in this Lease which limit or otherwise affect liability under this Lease (including but not limited to the waiver of subrogation provisions in Section 8 of this Lease with respect to damage to Landlord’s property), Tenant hereby agrees to indemnify, defend and hold Landlord, the property manager for the Building and any mortgagee holding a mortgage on the Property (including, without limitation, their respective members, managers, officers, directors, agents and employees) (all of the foregoing are referred to as the “Landlord shall not be liable Indemnified Parties”) harmless from and against all actions, claims, causes of action, demands, damages, penalties and expenses of any kind (including, without limitation, attorneys’ fees and litigation costs) which are brought against the Landlord Indemnified Parties by any person or entity whatsoever, or which the Landlord Indemnified Parties may pay or incur with respect to any person or entity (including, without limitation, Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property and invitees) as a result of: (i) and caused by any actnegligence or willful misconduct of Tenant or its agents, omission employees, contractors, customers, subsidiaries, affiliates, vendors, clients, and business partners or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring invitees in or about the Premises arising from Tenant’s occupancy of the PremisesProperty, or the conduct of its business or from (ii) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any material breach or default Default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of its obligations under this Lease, or due (iii) the improper use or improper occupancy of the Premises by Tenant, or (iv) Tenant’s use of any equipment, facilities or property in, on, or about the Property, or (v) any personal injury or property damage occurring on the Premises, but excluding from this indemnity, claims to any other act or omission the extent caused by the Landlord Indemnified Parties’ negligence or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesmisconduct. b. Tenant shall B. Subject to all other applicable terms and conditions in this Lease which limit or otherwise affect liability under this Lease (including but not be liable limited to Landlord, its agents, servants, employees, contractors, customers or invitees for any the waiver of subrogation provisions in Section 8 of this Lease with respect to damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofTenant’s property), Landlord agrees to shall indemnify, protect, defend by counsel reasonably acceptable to Tenant and hold Tenant (including, without limitation, its shareholders, officers, directors, agents and employees) (all of the foregoing are referred to as the “Tenant Indemnified Parties”), harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs liability and expenses expense (including, but not limited to, court costs, including reasonable attorneys’ attorney’s fees and litigation expensescosts) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on all claims caused by the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or any caused by the negligence or willful misconduct of its agents Landlord’s agents, employees, or employeescontractors, but excluding from this indemnity, claims to the extent caused by the negligence or willful misconduct of the Tenant Indemnified Parties.

Appears in 1 contract

Sources: Full Service Lease Agreement (Time Warner Telecom Inc)

Hold Harmless. a. Landlord Lessee agrees to indemnity and hold Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney’s fees, arising from the conduct of Lessee’s business or its use of the Premises or from any breach on the part of Lessee of any conditions of this Lease, or from any act or negligence of Lessee, its agents, servants, contractors, employees, guests, licensees of invitees in or about the Premises, in the case of any claim, action or proceeding brought or asserted against Lessor by reason of any such claim. Lessee, upon notice from Lessor, covenants to defend such claim, action or proceeding by counsel acceptable to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risks of damage to property or injury to persons in, upon or about the Premises, from any cause other than Lessor’s negligence or intentional misconduct, or the negligence or intentional misconduct of Lessor’s agents, contractors, licensees, invitees, guests, servants or employees. Lessee herby waives all claims in respect thereof against Lessor other than claims for which Lessor is liable under the preceding sentence. Lessee shall give prompt notice to Lessor in case of casualty or accidents in the Premises. Lessor, or its agents servants or employees, shall not be liable for any loss or damage to Tenantpersons or property resulting from fire, explosion, break-ins, or burglaries, gas, electricity, water or rain which may leak from any part of the building or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever except for loss or damage attributable to the negligence or intentional misconduct of Lessor or its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any actinvitees, omission or neglect of Tenantlicensees and /or guests. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant Lessor shall not be liable for interference with the light or air except for loss or damage attributable to Landlord, the negligence or intentional misconduct of Lessor or its agents, servants, employees, contractors, customers invitees, licensees and/or guests or invitees for any damage latent defect in the Premises whether known or unknown to person or property caused by any act, omission or neglect of LandlordLessor. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord Lessor agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant Lessee harmless of, from and against any and all lossesclaims, demands, damages, liabilities, claims, liens, costs and expenses (includingexpenses, but not limited to, court costs, including reasonable attorneys’ fees fees, arising from the activities of Lessor on or about the Premises, and litigation expenses) in connection with injury to or death for any breach on the part of Lessor of any person conditions of this Lease, and from any act or damage to negligence of Lessor, its agents, servants, contractors, employees, guest, licenses or theft, loss or loss of the use of any property occurring invitees in or about the Premises arising from any breach or default on the part of Landlord Premises, in the performance case of any covenant claim, action or agreement on the part proceeding brought or asserted against Lessee by reason of Landlord any such claim. Lessor, upon notice from Lessee covenants to be performed pursuant defend such claim, action or proceeding by counsel acceptable to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLessee.

Appears in 1 contract

Sources: Lease Agreement (Collegiate Pacific Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomsoever, for any injury to person or damage to property on or about the Leased Premises or the Common Area, other than injury or damage resulting from the gross negligence or willful misconduct or Landlord or its agents and employees, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord (including security service and devices), omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever, but rather in confirmation excepting only duly authorized employees and furtherance thereofagents of Landlord acting within the scope of their authority. Further, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLeased Premises.

Appears in 1 contract

Sources: Commercial Lease (Admiralty Bancorp Inc)

Hold Harmless. a. 12.1 Landlord shall not be liable for any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, servantsvisitors, employees, contractors, customers licensees or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant persons in or about the Premises, or for damage or loss suffered by the business of Tenant, from any breach cause whatsoever, including, without limiting the generality thereof, such damage or default on the loss resulting from fire, steam, smoke, electricity, gas, water, rain, ice or snow, which may leak or flow from or into any part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeasePremises, or due from the breakage, leakage, obstruction or other defects of the pipes, wires, appliances, plumbing, air-conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Project of which the Premises are a part, or from other sources. Landlord shall not be liable in any manner to any other act or omission or willful misconduct of Tenant or any of Tenant, its agents, employees, contractorsinvitees or visitors for any injury or damage to Tenant, assignsTenant’s agents, subtenantsemployees, guest invitees or invitees. b. visitors, or their property, caused by the criminal or intentional misconduct, or by any act or neglect of third parties or of Tenant, Tenants agents, employees, invitees or visitors, or of any other tenant of the Project. Tenant covenants that no claim shall not be made against Landlord by Tenant, or by any agent or servant of Tenant, or by others claiming the right to be in the Premises or in the Project through or under Tenant, for any injury, loss or damage to the Premises or to any person or property occurring upon the Premises from any cause other than the gross negligence of Landlord. In no event shall Landlord be liable to Tenant for any consequential damages sustained by Tenant arising out of the loss or damage to any property of Tenant. 12.2 Tenant covenants and agrees to save Landlord and Landlord’s agents harmless and indemnified, and to defend Landlord and Landlord’s agents from all loss, damage, liability or expense of any kind including without limitation attorneys’ fees and court costs incurred, suffered or claimed by any person whomsoever, or for any damage or injury to any persons or property from any cause whatsoever, by reason of the use or occupancy by Tenant, its agents, servants, employees, contractorsinvitees or visitors of the Premises, customers or invitees for any damage to person or property of the Project unless caused solely by any act, omission or neglect the gross negligence of Landlord. Without limiting . 12.3 It is understood that employees of Landlord are prohibited as such from receiving any packages or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees articles delivered to indemnify, defend by counsel reasonably acceptable to the Project for Tenant and hold that should any such employee receive any packages or articles, he or she in so doing shall be the agent of Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to of Landlord. 12.4 The provisions of this Article 12 shall survive the expiration or death of any person or damage to or theft, loss or loss sooner termination of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesTerm.

Appears in 1 contract

Sources: Lease Agreement (Windstar Energy, LLC)

Hold Harmless. a. Landlord (a) Mortgagor agrees that the Agency, its directors, members, officers, agents (except Mortgagor) and employees shall not be liable for and agrees to Tenantdefend, indemnify, release and hold the Agency, its agentsdirectors, servantsmembers, employeesofficers, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation agents (except Mortgagor) and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord employees harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesi) in connection with liability for loss or damage to property or injury to or death of any person and all persons that may be occasioned by, directly or damage indirectly, any cause whatsoever pertaining to the Mortgaged Property or theftarising by reason of or in connection with the use thereof or under this Mortgage, loss or loss (ii) liability arising from or expense incurred by the Agency’s acquisitions, construction, equipping, installation, owning, leasing or encumbering (including this Mortgage) of the use Mortgaged Property, including, without limiting the generality of the foregoing, all claims arising from the breach of Mortgagor of any property occurring in of its covenants contained herein, and all causes of action and reasonable attorneys’ fees (whether by reason of third party claims or about the Premises arising from Tenant’s occupancy by reason of the Premisesenforcement of any provision of the Mortgage (including, without limitation, this Section 14.5), and any other expenses incurred in defending any claims, suits or actions which may arise as a result of the conduct foregoing, provided that any such losses, damages, liabilities or expenses of the Agency are not incurred or do not result from the gross negligence or intentional or willful wrongdoing of the Agency or any of its business directors, members, officers, agents (except Mortgagor) or from any activity, work, employees. The foregoing indemnities shall apply notwithstanding the fault or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default negligence on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseAgency, or due to any other act or omission or willful misconduct of Tenant or any of its members, directors, officers, agents, or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability. The foregoing indemnities are limited only to the extent of any prohibitions imposed by law, and upon the application of such prohibition by the final judgment or decision of a competent court of law, the remaining provisions of these indemnities shall remain in full force and effect. (b) Notwithstanding any other provisions of this Mortgage, the obligations of Mortgagor pursuant to this Section 14.5 shall remain in full force and effect after the termination of this Mortgage until the expiration of the period stated in the applicable statute of limitations during which a claim, cause of action or prosecution relating to the matters herein described may be brought and payment in full or the satisfaction of such claim, cause of action or prosecution relating to the matters herein described and the payment of all reasonable expenses and charges incurred by the Agency, or its respective members, directors, officers, agents (except Mortgagor) and the employees, contractors, assigns, subtenants, guest or inviteesrelating to the enforcement of the provisions herein specified. b. Tenant (c) In the event of any claim against the Agency or its members, directors, officers, agents (except Mortgagor) or employees by any employee or contractor of Mortgagor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the obligations of Mortgagor hereunder shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for limited in any damage to person or property caused way by any act, omission limitation on the amount or neglect type of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilitiescompensation, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to disability benefits or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesemployee benefit acts.

Appears in 1 contract

Sources: Credit Agreement (Gsi Group Inc)

Hold Harmless. a. Landlord 14.01 Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall defend the same at Tenant's expense. Landlord shall immediately give Tenant notice of such claim, and shall cooperate with the Tenant in all reasonable respects. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence or willful misconduct of Tenant acts. Landlord or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants, servants or employees, contractorsor any default in the fulfillment of the Landlord's obligations under this Lease. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, customers or invitees loss of business by Tenant, nor shall Landlord be liable for any damage latent defects in the Premises or in the Building (subject to person or property caused by any act, omission or neglect Tenant's rights as set forth in Section 32(d) of Landlord. Without limiting or being limited by any other indemnity in this Lease). Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment which Tenant has actual knowledge of. 14.02 Subject to the waiver of subrogation contained in Section 15, but rather in confirmation to the extent Tenant is not covered by Landlord's and furtherance thereofTenant's insurance, Landlord shall, and hereby agrees to indemnifyto, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any life, bodily or personal injury or property occurring in or about the Premises damage arising from any breach or default on the part of Landlord occurrence in the performance Common Areas of any covenant the Building or agreement the land on which the part of Landlord to be performed pursuant Building is located, except to the terms extent of this Lease, the acts or due to any other grossly negligent act or omission or willful misconduct omissions of Landlord or any of its agents or employeesTenant.

Appears in 1 contract

Sources: Lease (New Frontier Media Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant's agents, guests or invitees, or to any other person whomsoever, for any injury to person or damage to property on or about the Leased Premises or adjacent or surrounding Property, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servantsguests or invitees, employeesor of any other person entering the Property or the Leased Premises by express or implied invitation of Tenant, contractorsor (2) arising out of the use of the Leased Premises or the Property by Tenant, customers its agents, guests, invitees or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant (3) caused by the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by water or electricity escaping or flowing into the Leased Premises or Property, or (4) arising out of the failure or cessation of any actservice provided by Landlord, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnifyindemnify Landlord, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless offrom any liability, loss, expense or claim (including, but not limited to reasonable attorneys' fees) arising out of such damage or injury. Nor shall Landlord be liable to Tenant for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whomsoever. Further, ▇▇▇▇▇▇ specifically agrees to be responsible for and indemnify and hold Landlord harmless from any and all damages or expenses of whatever kind arising out of or caused by a burglary, theft, vandalism, malicious mischief, or other illegal acts performed in, at or from the Leased Premises by Tenant, its agents, guests or invitees, or of any other person entering the Property or the Leased Premises by express or implied invitation of Tenant. Tenant shall protect, defend, indemnify, and hold Landlord and ▇▇▇▇▇▇▇▇'s employees free and harmless from and against any and all losses, damages, liabilities, claims, liens, costs demands, and expenses (includingcauses of action of every kind, but not limited toincluding the amount of any judgments, penalties, interest, court costs, reasonable and legal expenses (i.e., attorneys' fees and litigation expensescosts of legal assistants) incurred by Landlord in connection with injury to or death defense of same, arising in favor of any person or damage to or theft, loss or loss party on account of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs debts, personal injury, death, or damages to property and expenses (including, but not limited all other claims or demands of every character occurring or in any way incident to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss arising out of the conduct of ▇▇▇▇▇▇'s business or ▇▇▇▇▇▇'s use of any property occurring in the Premises. Tenant's obligations under this Section shall survive the expiration or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 1 contract

Sources: Residential Lease Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or of default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant's part of Landlord to be performed pursuant to under the terms of this Lease, or arising from any act negligence of the Tenant, or any officer, agent, employee, guest or invitee of Tenant, and from all and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. In any such case, action or proceeding brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel. Tenant, as material part of the consideration to Landlord hereby, assumes all risks of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agent shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street, or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with or employeesloss of business by Tenant. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.

Appears in 1 contract

Sources: Office Building Lease (Sycamore Park Convalescent Hospital)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding or the Project, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any offer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord or Landlord shall have the right to retain its agentsown counsel to defend any action at the cost of Tenant. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, employeesin, contractorsupon or about the Premises, assignsfrom any cause, subtenants, guest or inviteesand Tenant hereby waives all claims in respect thereof against Landlord. b. Tenant (b) Landlord or its agent's shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person property entrusted to employees of the Project, nor for loss or damage to any property caused by theft or otherwise, nor for any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to persons or theftproperty resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project, or from the pipes, appliances or plumbing works therein or from the roof, street, or subsurface or from any other place resulting from dampness or any other cause whatsoever. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by Tenant nor shall Landlord be liable for any latent defect in the Premises, the Building or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Project. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises, the Project or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Sources: Lease Agreement (Commercial Concepts Inc)

Hold Harmless. a. Tenant shall, at all times, indemnify and hold harmless Landlord shall not from all losses, damages, liabilities and expenses, which may arise or be liable claimed against Landlord and be in favor of Tenant or any other person for any injuries or damages to the person or property of Tenant, or such other person, consequent upon or arising from the use or occupancy of the Leased Premises by Tenant, or consequent upon or arising from any acts, omissions, neglect or fault of Tenant, its agents, servants, employees, contractorslicensees, customers visitors, customers, patrons or invitees for invitees, or consequent upon or arising from a breach of this Lease by Tenant (including without limitation any damage present or future federal, state or local laws, rules, regulations or ordinances pertaining to person hazardous substances, environmental concerns, and occupational safety and health requirements) or property caused by Tenant's failure to comply with any actlaws, omission statutes, ordinances, codes or neglect regulations as required herein (including without limitation any present or future federal, state or local laws, rules, regulations or ordinances pertaining to hazardous substances, environmental concerns, and occupational safety and health requirements) unless such losses, damages, liabilities and expenses arise as a result of Tenantthe negligence of Landlord. Without limiting or being limited by any other indemnity in this LeaseLandlord shall, but rather in confirmation and furtherance thereofat all times, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, Tenant from and against any and all losses, damages, liabilitiesliabilities and expenses, claims, liens, costs which may arise or be claimed against Tenant and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) be in connection with injury favor of Landlord or any other person for any injuries or damages to or death of any the person or damage to property of Landlord, or theftsuch other person, loss consequent upon or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy any acts, omissions, neglect or fault of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractorslicensees, customers visitors, customers, patrons or invitees for invitees, or consequent upon or arising from a breach of this Lease by Landlord or Landlord’s failure to comply with any damage laws, statutes, ordinances, codes or regulations as required herein (including without limitation any present or future federal, state or local laws, rules, regulations or ordinances pertaining to person or property caused by any acthazardous substances, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Leaseenvironmental concerns, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant occupational safety and hold Tenant harmless of, from and against any and all health requirements) unless such losses, damages, liabilities, claims, liens, costs liabilities and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss arise as a result of the use negligence of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesTenant.

Appears in 1 contract

Sources: Office Lease Agreement (Lumber Liquidators Holdings, Inc.)

Hold Harmless. a. 10.1 Tenant shall indemnify and hold harmless Landlord, its agents, representatives, employees, assigns or successors, against and from any and all claims, costs, losses, damages, judgments, expenses attorney fees or any other liabilities arising from Tenant's use of the Premises misc\lease.let 7 or from any activity permitted or suffered by the Tenant or its employees, guests or invitees in or about the Premises; against and from Tenant's failure to comply with any law, rule, regulation or order of any governmental authority; and, against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease. The Landlord shall not be liable to the Tenant or the Tenant's family, its agents, guests, invitees, employees or servants, employees, contractors, customers or invitees for any damage damages or losses to person or personal property caused by any act, omission other residents of the complex or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, person. Tenant misc\lease.let 8 agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold the Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury claims for damages to the property or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises persons arising from Tenant’s occupancy 's use of the Premises, or the conduct of its business or from for any activity, work, work or thing done, permitted or suffered by Tenant in or about the Premises. The Landlord shall be liable for personal injury or damage or loss of Tenant's personal property (furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water, rainstorms, smoke, acts of God, acts of other persons, or any other causes whatsoever even if such loss, damage, or claims arise from or are in any way connected to the negligence of the Landlord. 10.2 Tenant, as a material part of the consideration to the Landlord, hereby assumes all risk of damage to the property or injury to persons in, upon or about the Premises, from any breach cause other than Landlord's willful or default on the intentional acts; this indemnification and hold harmless agreement shall apply to all claims against Landlord including claims attributable in whole or part of to Landlord's negligent acts or omission; and, Tenant hereby waives all claims in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesrespect thereof against Landlord. b. 10.3 Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (includinggive prompt, but not limited tolater than within 24 hours after the occurrence of any event of casualty, court costs, reasonable attorneys’ fees written and litigation expenses) oral notice to Landlord in connection with injury case or in the event or any casualty or accidents to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.

Appears in 1 contract

Sources: Commercial Lease (American Marine Recreation Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing done, things which may be permitted or suffered by Tenant in or about the PremisesPremises and shall further indemnify, defend, and hold Landlord harmless from and against any and all claims (including, without limitation, for death or injury to person or persons or property damage) arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms provision of this Lease, Lease or due to arising from any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractorsor invitees, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees attorney’s fees, expenses, and litigation expenses) liabilities incurred in connection with the defense of any such claim or any action or proceeding brought thereon. Tenant hereby assumes all risk of damage to the Premises or injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring persons in or about the Premises arising from any breach cause, and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damage, injury or default death, arises out of the gross negligence or wilful misconduct of Landlord. Notwithstanding anything herein to the contrary, Landlord shall indemnify, defend and hold harmless, Tenant from any claims of any nature or kind which arise from or relate to, or are alleged to arise from or relate to, any use, business, activity, work or other things permitted to have been done on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant Premises prior to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesdate hereof.

Appears in 1 contract

Sources: Lease Agreement (Bolt Technology Corp)

Hold Harmless. a. Landlord shall (a) Lessee agrees that Lessor is not, and during the Term hereof will not be be, liable to TenantLessee or Lessee’s employees, its agents, invitees, or visitors, or to any other person, claiming by, through or under Lessee for any injury to person or damage to property on or about the Leased Premises or for loss of or damage to Lessee’s business caused solely by any act or omission of Lessee, respective agents, servants, invitees, or employees, contractorsor of any other person entering upon the Leased Premises under express or implied invitation, customers or, to the extent Lessee shall be required to maintain the same, caused solely by any of the improvements located on the Leased Premises becoming out of repair, or invitees for any damage to person or property caused by any actleakage of gas, omission oil, water or neglect of Tenantsteam or by electricity emanating from the Leased Premises. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant Lessee agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofLessor of and from any loss, from attorney’s fees, expenses or claims arising out of any such damage or injury caused solely by Lessee or any of Lessee’s employees, agents, invitees, or visitors. (b) Lessor agrees that Lessee is not, and against during the Term hereof will not be, liable to Lessor or Lessor’s employees, agents, invitees, or visitors, or to any and all lossesother person, damagesclaiming by, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with through or under Lessor for any injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in on or about the Premises arising from TenantBuilding or for loss of or damage to Lessor’s occupancy of the Premises, or the conduct of its business or from caused solely by any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission of Lessor or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its respective agents, servants, invitees, or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Leaseperson entering upon the Leased Premises under express invitation of Lessor or caused solely by improvements located on or about the Building becoming out of repair or caused solely by leakage of gas, but rather in confirmation and furtherance thereofoil, Landlord water or steam or by electricity emanating from the Building. Lessor agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant Lessee harmless ofof and from any loss, from and against any and all lossesattorney fees, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death claims arising out of any person such damage or damage to injury caused by Lessor or theftLessor’s employees, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseagents, invitees, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesvisitors.

Appears in 1 contract

Sources: Lease Agreement (QTS Realty Trust, Inc.)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord Shall indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, Premises or from the conduct of its business or from any an activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement on the obligation of Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney's fees, and liabilities incurred in or about the defense of Any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agentsagents servants or employees. Landlord or its agents shall not be liable for interference with the light, servantsair, employees, contractors, customers or invitees for any damage latent defect in the Premises. Tenant shall give prompt notice to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in case of casualty or accidents in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.

Appears in 1 contract

Sources: Commercial Lease (Poore Brothers Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, 21.1 Tenant agrees to defend, with counsel reasonably approved by Landlord, all actions against Landlord, any member, partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord (collectively, “Landlord Parties”), and holders of mortgages secured by the Premises or the Project (collectively with Landlord Parties, the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, defend and save harmless, to the extent permitted by counsel reasonably acceptable to Landlord and hold Landlord harmless oflaw, all Indemnified Parties from and against against, any and all liabilities, losses, damages, liabilitiescosts, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) in connection with bodily injury to or death of any person person, or damage to or theftloss of property on the Premises, loss the Project, on adjoining sidewalks, streets or loss ways, or, in any of the foregoing cases, to the extent arising out of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, workProject sidewalks streets, or thing doneways, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, employees or contractors, assignsexcept to the extent, subtenantsif any, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or any of its employees, contractors, affiliates, or agents or any of the Landlord Parties, (b) any violation of this Lease by Tenant, or (c) subject to Section 13.4, any negligent act or willful misconduct of Tenant or its agents, contractors, licensees, sublessees, or invitees. Tenant agrees to use and occupy the Premises and other facilities of the Project at its own risk, and hereby releases the Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law; provided that such release shall not apply to such claims to the extent arising from the negligence or willful misconduct of Landlord and/or any of its agents, employees or contractors, and not insured (or required to be insured) by Tenant under this Lease. 21.2 Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, employees., or invitees for fatal or non-fatal bodily injury or property damage occasioned by the acts or omissions of any other tenant, or such other tenant’s agents, employees, licensees, or invitees, of the Project. Landlord shall not be liable to Tenant for losses to property due to theft or burglary, or damages from criminal acts, done by any persons on the Project other than Landlord or its employees or agents..

Appears in 1 contract

Sources: Lease Agreement (Talis Biomedical Corp)

Hold Harmless. a. Landlord To the fullest extent permitted by law, the Contractor shall not be liable to Tenantdefend, indemnify and hold harmless the Madison County, its representatives, agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation departments and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofauthorities, from and against any and all lossesclaims, injuries, demands, judgments, settlements, damages, losses, liabilities, claims, liens, costs and expenses (includingof any kind or nature, including but not limited toto litigation costs and attorney’s fees, court costswhether arising in law or in equity, reasonable attorneys’ fees all without any limitation whatsoever, arising out of or resulting from the Contractor’s performance of the work and/or duties and/or the transactions contemplated by this agreement and litigation expenses) which are caused, in connection with injury to whole or death in part, by or because of any person or damage to or theftnegligent, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other culpable and/or wrongful act or omission of the Contractor, directly or willful misconduct of Tenant or any of its agentsindirectly, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its and/or by the Contractor’s agents, servants, employees, contractors, customers or invitees for subcontractors and/or any damage to person or property caused entity employed by any actContractor or for whose conduct or action the Contractor may be found or held liable, omission directly or neglect indirectly. It is the intention of Landlordthe parties that the right and entitlement to a defense; the right and entitlement to be held harmless; and the right and entitlement to indemnification shall be as broad as permitted under applicable law. Without limiting or being limited by any other indemnity in this LeaseFurther, but rather in confirmation and furtherance thereof, Landlord the Contractor agrees to indemnifyindemnify the County in like regard in an action upon the contract between the parties and claims between the parties, defend by including counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation costs and expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the . The terms of this Leaseagreement shall not be construed to negate, abridge or due otherwise reduce any other right or obligation of contribution or indemnity which would otherwise exist as to any other grossly negligent act party or omission person subject to this agreement. This agreement and paragraph shall be liberally construed so as to afford the County the fullest possible protection and indemnity. In the event that Contractor shall fail or willful misconduct refuse to defend, hold harmless and/or indemnify the County against any such claim, loss, damage, judgment, settlement or action, Contractor shall be liable to the County for all expense, expenditure and cost incurred or to be incurred by the County in defending, resolving and/or satisfying any such claim, loss, damage, judgment, settlement or action, together with all cost and expense of Landlord the County, including all attorney’s fees, incurred in the County pursuing claim or any of its agents suit or employeesaction against or recovering fees costs and expense from Contractor.

Appears in 1 contract

Sources: Contractor Agreement

Hold Harmless. a. The Landlord and its agents and employees shall not be liable and Tenant hereby waives all claims against Landlord and its agents and employees for any damage to any property or any injury to any person in or about the Premises and Building by or from any cause whatsoever, except to the extent caused by or arising from the gross negligence or intentional act of Landlord or its agents, employees or contractors. Tenant shall protect, indemnify and hold the Landlord and its agents and employees harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of (a) any damage to any property (including but not limited to property of Landlord) or any injury (including but not limited to death) to any person occurring in, on or about the Premises and the Building to the extent that such injury or damage shall be caused by or arise from any act, neglect, fault, or omission by or of Tenant, its agents, servants, employees, contractorsinvitees, customers or invitees for visitors to meet any damage to person or property caused standards imposed by any act, omission duty with respect to the injury or neglect of Tenant. Without limiting damage; (b) the conduct or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death management of any person work or damage to or theft, loss or loss of thing whatsoever done by the use of any property occurring Tenant in or about the Premises arising and the Building or from transactions of the Tenant concerning the Premises and Building; (c) Tenant’s occupancy failure to comply with any and all govenmental laws, ordinances and regulations applicable to the condition or use of the Premises, Premises or the conduct of its business occupancy; or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from (d) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to this Lease. The provisions of this Article shall survive the terms termination of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 1 contract

Sources: Lease Agreement

Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel approved by Landlord, all actions against Landlord, any partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord, holders of mortgages secured by the Premises or the Project and any other party having an interest therein (the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (i) injury to or death of any person, or damage to or loss of property on the Premises, connected with the use, condition, or occupancy of the Premises, except to the extent, if any, determined by a court of competent jurisdiction to have been caused by the negligence or willful misconduct of Landlord or its employees, contractors or agents (ii) any violation of this Lease by or attributable to Tenant, or (iii) subject to Section 13.4, any act, fault, omission, or other misconduct of Tenant or its agents, contractors, licenses, sublessees, or invitees. 21.2 Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, servantsemployees, or invitees for fatal or non-fatal bodily injury or property damage occasioned by the acts or omissions of any other tenant, or such other tenant’s agents, employees, contractorslicensees, customers or invitees invitees, of the Project. Landlord shall not be liable to Tenant for any damage losses due to person theft, burglary, or property caused damages done by any actpersons on the Project. 21.3 To the extent permitted by law and covered by Landlord’s insurance maintained pursuant to Article 13 (or that would have been covered if Landlord had maintained the insurance it is required to carry under Article 13), omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord shall indemnify Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord it harmless of, from and against any and all lossesliability for any loss of or damage or injury to any person (including death resulting therefrom) or property occurring in, damageson or about the Project excluding the Premises, liabilitiescaused by the negligence or willful misconduct of Landlord, claimsits employees or agents. Landlord’s obligation to indemnify Tenant hereunder shall include the duty to defend against any claims asserted by reason of such loss, liensdamage or injury and to pay any judgments, costs and expenses (includingsettlements, but not limited to, court costs, fees and expenses, including reasonable attorneys’ fees and litigation expenses) incurred in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteestherewith. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 1 contract

Sources: Lease Agreement (Sypris Solutions Inc)

Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel approved by Landlord, all actions against Landlord, any member, partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord (collectively, “Landlord Parties”), holders of mortgages secured by the Premises or the Project and any other party having an interest therein (collectively with Landlord Parties, the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) injury to or death of any person, or damage to or loss of property on the Premises, the Project, on adjoining sidewalks, streets or ways, or, in any of the foregoing cases, connected with the use, condition, or occupancy of the Premises, the Project sidewalks streets, or ways, except to the extent, if any, caused by the gross negligence or willful misconduct of Landlord or its employees, contractors or agents, (b) any violation of this Lease by or attributable to Tenant, or (c) subject to Section 13.4, any act, fault, omission, or other misconduct of Tenant or its agents, contractors, licensees, sublessees, or invitees. Tenant agrees to use and occupy the Premises and other facilities of the Project at its own risk, and hereby releases the Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law. 21.2 Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person fatal or non-fatal bodily injury or property caused damage occasioned by any act, omission the acts or neglect omissions of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisestenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any such other act or omission or willful misconduct of Tenant or any of its tenant’s agents, employees, contractorslicensees, assigns, subtenants, guest or invitees. b. Tenant , of the Project. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any damage losses due to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss burglary, or loss of the use of any property occurring in or about the Premises arising from any breach or default damages done by persons on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesProject.

Appears in 1 contract

Sources: Lease Agreement (Biotime Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenantindemnify, defend and hold Landlord, its officers, agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord contractors harmless of, from and against any and all losses, damages, liabilitiesfines, penalties, claims, liens, costs liabilities and expenses (including, but not limited to, court costs, reasonable including Landlord's personnel and overhead costs and attorneys' fees and litigation expenses) other costs incurred in connection with such claims regardless of whether claims involve litigation) resulting from any actual or alleged injury to or death of any person or from any actual or alleged loss of, or damage to, any property attributable to Tenant's operation or theft, loss or loss occupation of the use Premises or caused by, or resulting from, any act or omission of Tenant or any licensee, assignee, or concessionaire, or of any property occurring in officer, agent, employee, guest or about the Premises arising from Tenant’s occupancy invitee of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant such person in or about the Premises, or from any Tenant's breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of its obligations under this Lease. Tenant shall also pay for, or due to any other act or omission or willful misconduct of Tenant or any of indemnify, defend and hold Landlord, and its officers, partners, members, agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant contractors harmless of, from and against any and all losses, damages, fines, penalties, claims and third party claims, and expenses (including Landlord's personnel and overhead costs and attorneys' fees and other costs incurred in connection with such claims regardless of whether claims involve litigation), and any other liability and/or clean-up costs in any way related to, or arising out of, the existence of any hazardous substance or material as defined under any applicable law or regulation where such substance was deposited onto the Premises, or in proximity thereto, by Tenant, or by Tenant's officers, agents, employees, customers, clients, agents, contractors, or other third parties acting at the request of, or for the benefit of, Tenant. Landlord shall not be liable for interference with light, air or view or for any latent defect in the Premises. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises. Notwithstanding the foregoing, if losses, liabilities, claimsdamages, liens, costs and expenses so arising are caused by the concurrent negligence of both Landlord and Tenant, their employees, agents, invitees and licensees, Tenant shall indemnify Landlord only to the extent of Tenant's own negligence or that of its officers, agents, employees, guests or invitees. This provision shall survive termination or expiration of this Lease. Landlord shall indemnify, defend and hold Tenant, its officers, agents, employees, and contractors harmless from all losses, damages, fines, penalties, claims, liabilities and expenses (including, but not limited to, court costs, reasonable including Landlord's personnel and overhead costs and attorneys' fees and litigation expenses) other costs incurred in connection with such claims regardless of whether claims involve litigation) resulting from any actual or alleged injury to or death of any person or from any actual or alleged loss of, or damage to, any property attributable to Landlord's ownership, operation or theft, loss or loss occupation of the use Premises or caused by, or resulting from, any act or omission of Landlord or any licensee, assignee, or concessionaire, or of any property officer, agent, employee, guest or invitee of any such person in or about the Premises, or Landlord's breach of its obligations under this Lease. Landlord shall also pay for, indemnify, defend and hold Tenant, and its officers, partners, members, agents, employees, and contractors harmless from all losses, damages, fines, penalties, claims and third party claims, and expenses (including Tenant's personnel and overhead costs and attorneys' fees and other costs incurred in connection with such claims regardless of whether claims involve litigation), and any other liability and/or clean-up costs in any way related to, or arising out of, the existence of any hazardous substance or material as defined under any applicable law or regulation where such substance was deposited onto the Premises, or in proximity thereto, by Landlord, or by Landlord's officers, agents, employees, customers, clients, agents, contractors, or other third parties acting at the request of, or for the benefit of, Landlord. Tenant shall not be liable for interference with light, air or view or for any latent defect in the Premises. Landlord shall promptly notify Tenant of casualties or accidents occurring in or about the Premises Premises. Notwithstanding the foregoing, if losses, liabilities, EXHIBIT 10.29 damages, liens, costs and expenses so arising from any breach or default on are caused by the part concurrent negligence of both Landlord in the performance of any covenant or agreement on the part of and Tenant, their employees, agents, invitees and licensees, Landlord to be performed pursuant shall indemnify Tenant only to the terms extent of Landlord's own negligence or that of its officers, agents, employees, guests or invitees. This provision shall survive termination or expiration of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 1 contract

Sources: Lease (Three Five Systems Inc)

Hold Harmless. a. Except for loss, damage or claims arising from the Landlord’s negligent acts, omissions or breaches of this Lease, Landlord shall not be liable to Tenant for any injury or damage to any person or property in or about the Leased Premises from any cause whatsoever. Tenant shall indemnify and hold harmless the Landlord, its partners, shareholders, members, employees, officers, directors, agents, and their respective successors and assigns from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions of any kind and nature, including attorneys’ fees, for injury or death to persons or damage to property or property rights (a) occurring in, on or about the Leased Premises or any part thereof, or (b) occurring in, on or about the Leased Premises or any part thereof, when any such injury or damage shall be caused or result in whole or in part by any act, negligence, or fault or omission of any duty by the Tenant, its agents, servants, employees, contractorslicensees or invitees, customers or invitees for any damage to person or property caused by any act, omission person under the control or neglect direction of Tenant, except to the extent arising or growing out of or connected with Landlord’s negligent acts, omissions or breaches of this Lease. Without limiting Tenant will further indemnify and save harmless the Landlord for all liability, claims and other items above mentioned, arising or being limited growing out of or connected with any breach, violation, non-performance or failure to abide by any other indemnity covenant, condition, agreement or provisions contained in this Lease or in the Condominium Documents on the part of the Tenant to be kept, performed, complied with or abided by as an occupant of the Leased Premises, except to the extent arising or growing out of or connected with Landlord’s negligent acts, omissions or breaches of this Lease. If it becomes necessary for the Landlord to defend any action seeking to impose any such liability, but rather in confirmation the Tenant will pay the Landlord all costs of court and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) incurred by Landlord in connection with injury to or death of any person or damage to or theftsuch defense, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due addition to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not sums which said Landlord may be liable called upon to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused pay by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss reason of the use entry of any property occurring in a judgment or about decree against the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeeslitigation in which such claim is asserted.

Appears in 1 contract

Sources: Commercial Lease Agreement (La Rosa Holdings Corp.)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorneys’ fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. If in any case, action or proceeding shall be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not he liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever unless caused by or due to any other act or omission or willful misconduct the negligence of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building.Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Sources: Office Building Lease (Southwest Community Bancorp)

Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, Lessor against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss claims arising from Lessee’s use of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or for the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant the Lessee in or about the PremisesBuilding, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Lessor against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Lessee’s part of Landlord to be performed pursuant to under the terms of this the Lease, or arising from any act or negligence of the Lessee, or any officer, agent, employee, guest, or invitee of Lessee, and from all and against all costs, attorney’s fees, expenses and liabilities incurred in or about any such claim, action or proceeding to be brought there on, and, in any case, action or proceeding brought against Lessor by reason of any such claim, Lessee shall, upon notice from Lessor, defend the same at Lessee’s expense by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of a material part of the consideration to Lessor and hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Lessor’s negligence, and Lessee hereby waives all claims in respect thereof against Lessor. Lessor or its agents shall not be liable for any damage to property entrusted to employees of the Building nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons in the property resulting from fire, explosion, failing plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Lessor, its agents, servants or omission employees. Lessor or willful misconduct of Landlord or any of its agents shall not be liable for interference with the light or employeesother incorporeal hereditaments, loss of business by Lessee, nor shall Lessor be liable for any latent defect in the Premises or in the Building. Lessee shall give prompt notice to Lessor in case of fire or accidents in the Premises or in the Building or defects therein or in the fixtures or equipment.

Appears in 1 contract

Sources: Lease Agreement (Dickie Walker Marine Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Property including but not limited to, damages, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by any actthe improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, omission pipes, or neglect wiring, or by broken glass, or by the backing up of Tenant. Without limiting drains, or being limited by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, (5) criminal acts or entry by any other indemnity in this Leaseperson into the Leased Premises or the Property or (6) arising out of the failure or cessation of any service provided by Landlord, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever, but rather in confirmation excepting only duly authorized employees and furtherance thereofagents of Landlord acting within the scope of their authority. Further, Landlord ▇▇▇▇▇▇ specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLeased Premises.

Appears in 1 contract

Sources: Lease Agreement

Hold Harmless. a. Landlord To the full extent permitted by law, CONTRACTOR shall not indemnify, save harmless, and be liable to Tenantresponsible for the cost of defending the COUNTY, its agents, servantsofficers, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, servants from and against any and all losses, damages, liabilities, claims, lienssuits, costs or actions of every name, kind, and expenses description, brought for, or on account of: (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesA) in connection with injury injuries to or death of any person person, including CONTRACTOR, its officers, agents, employees and servants, or (B) damage to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, penalties or theftclaims of damages resulting from CONTRACTOR'S failure to comply with applicable laws, or (D) any other loss or loss of cost resulting from the use of any property occurring CONTRACTOR'S negligent or reckless acts or omissions or willful misconduct in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in connection with the performance of any covenant work required of CONTRACTOR or agreement on payments made pursuant to this Agreement, provided that this shall not apply to injuries or damage for which the part COUNTY has been found in a court of Tenant competent jurisdiction to be performed pursuant to the terms solely liable by reason of this Lease, or due to any other act or omission its own negligence or willful misconduct misconduct. To the full extent permitted by law and as set forth in Section 2778 of Tenant or any of the California Civil Code, CONTRACTOR shall defend COUNTY, its agentsofficers, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, servants from and against any and all losses, damages, liabilities, claims, lienssuits, costs or actions of every name, kind, and expenses description, brought for, or on account of: (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesA) in connection with injury injuries to or death of any person or person, including CONTRACTOR, its officers, agents, employees and servants, or (B) damage to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, penalties or theftclaims of damages resulting from CONTRACTOR'S failure to comply with applicable laws, or (D) any other loss or loss of cost resulting from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the CONTRACTOR'S performance of any covenant work required of CONTRACTOR or agreement on payments made pursuant to this Agreement, provided that this shall not apply to injuries or damage for which the part COUNTY has been found in a court of Landlord competent jurisdiction to be performed pursuant to solely liable by reason of its own negligence or willful misconduct. The obligations set forth in this section shall continue beyond the terms term of this Lease, or due Agreement as to any other grossly negligent act or omission omission, which occurred during or willful misconduct of Landlord or any of its agents or employeesunder this Agreement.

Appears in 1 contract

Sources: Architectural Services Agreement

Hold Harmless. a. A. The Tenant also agrees to and shall save, hold and keep harmless and indemnify the Landlord shall not be liable from and for any and all payments, expenses, costs, attorney fees and from and for any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or the Tenant, its 's agents, servants, employees, contractorsguests, customers licensees, invitees, subtenants, assignees or invitees successors, or for any damage to person cause or property caused reason whatsoever arising out of or by any act, omission or neglect reason of the occupancy by the Tenant and the conduct of the Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, 's business. B. Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord shall indemnify and hold the Landlord harmless of, from and against any and all suits, actions, damages, losses, damagespenalties, liabilities, claims, liens, costs and expenses (including, but not limited to, court costswithout limitation, reasonable attorneys’ fees and litigation expenses) attorney's fees, which the Landlord may suffer or incur in connection with injury to (i) any matter, cause or death thing arising out of any person Tenant's use, occupancy, control or damage to or theft, loss or loss management of the use of Demised Premises; (ii) any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesnegligence, or the conduct acts of its business omission or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default commission on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers employees or invitees for invitees; (iii) any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default failure on the part of Landlord Tenant to perform or comply with any of the covenants, agreements, terms or conditions contained in the performance of any covenant or agreement this Lease on the its part of Landlord to be performed pursuant or complied with; (iv) any loss of life, bodily or personal injury or property damage which is not due to the terms fault of this Leasethe Landlord, its employees, contractors or due agents. Landlord shall promptly notify Tenant of any such claim asserted against it and shall promptly send to Tenant copies of all papers or legal process served upon it in connection with an action or proceeding brought against Landlord by reason of any other grossly negligent act or omission or willful misconduct of such claim. Nothing herein shall impose on Tenant any obligation to indemnify Landlord or any of its agents or employeesfor Landlord's negligence.

Appears in 1 contract

Sources: Lease Agreement (KMC Telecom Holdings Inc)

Hold Harmless. a. Landlord A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless Association and its officers, directors, members, agents, employees, and any Association designee or liaison under this Agreement (each being an “Indemnified Party” herein) from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees arising out of or resulting from the performance of the Work and the obligations imposed by this Agreement, whether performed by Contractor or any subcontractor or materialman of Contractor, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible or real property including the loss of use resulting therefrom, or (2) is caused in whole or in part by any intentional act, negligent act or omission of the Contractor, any subcontractor, sub-subcontractor, materialmen, or agents of any tier or their respective employees or anyone directly or employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The monetary limitation on the extent of this indemnification provided shall be in the amount of two times the Contract Sum of this Agreement. The parties hereto specifically acknowledge and agree pursuant to section 725.06, Florida Statutes that the monetary limitation on the extent of the indemnification provided to the Association bears a reasonable commercial relationship to the Contract and the work to be performed hereunder up to the insurance policy limits detailed in Article 6 herein. The parties further agree that this indemnification clause is incorporated into and made a part of the project specifications and bid documents. The parties agree that $100.00 of the Contract Sum is specific consideration for the indemnification provided by Contractor under this provision. (However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton, or intentional misconduct of Association or its officers, directors, agents, or employees, or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages, in whole or in part, are caused by or result from the acts or omissions of Contractor or any of Contractor’s contractors, subcontractors, sub-contractors, materialmen, or agents of any tier or their respective employees.) Such obligation shall not be liable construed to Tenantnegate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. B. In any and all claims against the Association or any of its agentsmembers, servants, employees, contractors, customers agents or invitees for any damage to person or property caused employees by any actemployee of the Contractor, omission or neglect of Tenant. Without limiting or being limited any Subcontractor, anyone directly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 9 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. The monetary limitation on the extent of this indemnification provided shall be in the amount of $1 million per year throughout duration of this contract not to exceed $5 million per year. The parties hereto specifically acknowledge and agree pursuant to section 725.06, Florida Statutes that the monetary limitation on the extent of the indemnification provided to the Association bears a reasonable commercial relationship to the Contract and the work to be performed hereunder up to the insurance policy limits detailed in Article 6 herein. The parties further agree that this indemnification clause is incorporated into and made a part of the project specifications and bid documents. The parties agree that $100.00 of the Contract Sum is specific consideration for the indemnification provided by Contractor under this provision. The foregoing indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees from Contractor shall be applicable to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with or claims for damage or injury to or death of any person or damage property resulting from the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor relating to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity Work as described in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesContract.

Appears in 1 contract

Sources: Construction Contract

Hold Harmless. a. 11.1 Other than as a result of the gross negligence of Landlord, Landlord's willful misconduct or Landlord's failure to perform its obligations under this Lease, Landlord shall not be liable for any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, servantsvisitors, employees, contractors, customers licensees or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant persons in or about the Premises, or for damage or loss suffered by the business of Tenant, from any breach cause whatsoever, including, without limiting the generality thereof, such damage or default on the loss resulting from fire, steam, smoke, electricity, gas, water, rain, ice or snow, which may leak or flow from or into any part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeasePremises, or due from the breakage, leakage, obstruction or other defects of the pipes, wires, appliances, plumbing, air-conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, or from other sources. Landlord shall not be liable in any manner to any other act or omission or willful misconduct of Tenant or any of Tenant, its agents, employees, contractorsinvitees or visitors for any injury or damage to Tenant, assignsTenant's agents, subtenantsemployees, guest invitees or invitees. b. visitors, or their property, caused by the criminal or intentional misconduct, or by any act or neglect of third parties or of Tenant, Tenants agents, employees, invitees or visitors, or of any other tenant of the Building. Tenant covenants that no claim shall not be made against Landlord by Tenant, or by any agent or servant of Tenant, or by others claiming the right to be in the Premises or in the Building through or under Tenant, for any injury, loss or damage to the Premises or to any person or property occurring upon the Premises from any cause other than the gross negligence of Landlord, Landlord's willful misconduct or Landlord's failure to perform its obligations under this Lease. In no event shall Landlord be liable to Tenant for any consequential damages sustained by Tenant arising out of the loss or damage to any property of Tenant. 11.2 Subject to the waiver of subrogation provisions contained in this Lease, Tenant covenants and agrees to save Landlord and Landlord's agents harmless and indemnified, and to defend Landlord and Landlord's agents from all loss, damage, liability or expense of any kind including without limitation attorneys' fees and court costs incurred, suffered or claimed by any person whomsoever, or for any damage or injury to any persons or property from any cause whatsoever, by reason of the use or occupancy by Tenant, its agents, servants, employees, contractorsinvitees or visitors of the Premises, customers or invitees for any damage to person or property of the Building unless caused solely by any act, omission or neglect the gross negligence of Landlord. Without limiting . 11.3 The provisions of this Article 11 shall survive the expiration or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 1 contract

Sources: Office Building Lease (Environmental Power Corp)

Hold Harmless. a. Landlord and Landlord's Representative shall not be liable to Tenant or to Tenant's customers. employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Common Area, including but not limited to, consequential damage, (a) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (b) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (c) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (d) caused by the improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, or (e) arising out of the failure or cessation of any actservice provided by Landlord and Landlord's Representative (including security service and devices), omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and Landlord's Representative and hold Landlord and Landlord's Representative harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person injury. Nor shall Landlord or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not Landlord's Representative be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord and Landlord's Representative harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLeased Premises.

Appears in 1 contract

Sources: Lease Agreement (Deep Down, Inc.)

Hold Harmless. a. Landlord shall not be liable to TenantA. The Construction Manager hereby indemnifies, defends and holds harmless the District, its agentsBoard, servantsofficers, employees, and agents, , independent contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any consultants and other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, representatives from and against any and all losses, damages, liabilities, claims, liensdemands, costs, losses, damages or expenses (including reasonable attorneys' fees and costs), to the extent of, the negligent, wrongful or willful acts or omissions of the Construction Manager, its employees, agents, subcontractors, independent contractors under verbal or written contract with the Construction Manager, or other representatives (collectively, the "Construction Manager Parties") or the breach by the Construction Manager of any of its obligations, duties or other responsibilities hereunder. This indemnification provision shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Construction Manager. B. The District agrees to defend, indemnify and hold the Construction Manager and the Construction Manager's directors, officers, employees, agents and affiliates harmless from any and all claims, damages, costs or liabilities arising out of or related to any hazardous materials that were present at, on or under the property prior to the commencement of the construction of the work or that are thereafter introduced to the site by persons other than the Construction Manager. The Construction Manager shall not be responsible and expenses (includingshall have no obligations to indemnify, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to defend or death of hold harmless any person for claims, damages, costs or damage liabilities arising out of or related to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business the District’s separate from the Construction Managers or from consultants. Notwithstanding any activity, work, or thing done, permitted or suffered by Tenant in or about of the Premises, or from any breach or default on provisions of the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant contract Documents to the terms of this Leasecontrary, or due the Construction Manager shall not have any duty to indemnify any other act or omission or willful misconduct of Tenant or any of its agentsperson, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlordthe District, its agentsaffiliates, servants, employees, contractors, customers or invitees any other persons for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all lossesclaims, damages, liabilitiescosts or liabilities arising out of or related to: 1. Hazardous materials to the extent that such materials were at, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to on or death of any person or damage to or theft, loss or loss of the use of any property occurring in under or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant project site prior to the terms commencement of this Lease, or due the work; 2. Hazardous materials introduced to any the site by persons other grossly negligent act or omission or willful misconduct of Landlord than the Construction Manager or any of its agents subcontractors, suppliers or employeesvendors, regardless of tier, or by process or forces such as infiltration or migration from off the project, which are not caused or controlled by Construction Manager, its subcontractors, or suppliers; or 3. Subsidence not caused by Construction Manager. For purposes of this provision: a. Hazardous materials means any and all pollutants, toxic materials, gaseous emissions or substances, or hazardous materials (including, without limitation, substances such as lead, PCBs, hydrocarbons or asbestos.) b. Subsidence not caused by the Construction Manager means any subsidence, shifting, sliding, slippage, heaving, liquefaction, raising, lowering, collapse, swelling, dislocation of any soils, ground, rock or materials present at the project site, not constructed as part of the work, which was contributed to or resulted from any cause or mechanism other than the active negligence of the Construction Manager or its subcontractors, suppliers or vendors, or from the failure of any of them to fulfill obligations they owe under the Contract Documents.

Appears in 1 contract

Sources: Construction Management Services Agreement

Hold Harmless. a. Landlord shall not be liable to Tenant's employees, agents, invitees, licensees or visitors, or to any other person, for an injury to a person or damage to property on or about the Premises (i) caused by any act or omission of Tenant, its agents, servants, servants or employees, or of any other person entering upon the Premises under express or implied invitation by Tenant, or (ii) caused by the improvements located on the Premises becoming out of repair, or (iii) unless caused by the negligence or willful misconduct of Landlord, its employees, agents, representatives or contractors, customers the failure or invitees for cessation of any damage to person service provided by Landlord (including security service and devices), or property caused by any actleakage of gas, omission oil, water or neglect of Tenantsteam or by electricity emanating from the Premises. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord of and from any loss, attorney's fees, expenses or claims arising out of any such damage or injury. Except for any claims, rights of recovery and causes of action that Tenant has released, Landlord shall hold Tenant harmless of, from and defend the Tenant against any and all losses, damages, liabilities, claims, liens, costs and expenses claims (including, but not limited to, court including all costs, reasonable attorneys’ fees counsel fees, expenses and litigation expenses) liabilities incurred in connection with any such claim or action or proceeding brought thereon) or liability for any injury to or death of any person or damage to or theftany person in, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in on or about the Premises, the Building or from any breach the Property, when such injury or default on damage shall be caused by the part of Tenant in the performance act, neglect, fault of, or omission of any covenant or agreement on the part of Tenant to be performed pursuant duty with respect to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to same by Landlord, its employees, agents, servants, employees, representatives or contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms The provisions of this Lease, Section 7.5 shall survive the expiration or due termination of this Lease with respect to any other grossly negligent act claims or omission liability occurring prior to such expiration or willful misconduct of Landlord or any of its agents or employeestermination.

Appears in 1 contract

Sources: Lease (DJO Finance LLC)

Hold Harmless. a. Landlord (a) Neither Landlord, its agents, servants, employees, any other holder of any deed to secure debt or mortgage nor the lessor under any superior lease shall not be liable to Tenant, or to Tenant’s employees, agents, invitees, licensees, contractors or visitors, or to any other person, for any injury to person or damage to property or for consequential, incidental, indirect, special or punitive damages of any nature on or about the Premises or Property, caused by any act or omission of Tenant, its agents, servants or employees, or of any other persons entering upon the Premises or Property under express or implied invitation by Tenant, or caused by the Premises or Property or the improvements located thereon becoming out of repair, the failure or cessation of any service provided by Landlord, or caused by leakage of gas, oil, water or steam or by electricity emanating from the Premises or Property; provided, however, Landlord shall be liable for actual damages resulting from the gross negligence or willful misconduct of Landlord or Landlord’s agents, servants, representatives, employees, contractors, invitees or licensees. (b) Except if resulting from the gross negligence or willful misconduct of Landlord, or its employees, contractors, agents, representatives, servants, invitees or licensees, subject to Section 7.2 above, Tenant agrees to indemnify, defend and hold harmless Landlord, its agents, servants, employees, any holder of any deed to secure debt, deed of trust or mortgage of and from any losses, reasonable attorney’s fees, expenses or claims (i) arising out of any damage or injury of any kind caused by the negligence or willful misconduct of Tenant, or any of its agents, servants, employees, contractors, customers subtenants, assignees or invitees for any damage to person or property caused by any actinvitees, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, and/or (ii) resulting from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered Premises by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers subtenants, assignees or invitees for any damage invitees. (c) Subject to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation Sections 7.2 and furtherance thereof7.3(a) above, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless ofTenant, its agents, servants or employees of and from and against any and all losses, damagesreasonable attorney’s fees, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising claims resulting from any breach damage or default on injury caused by the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission gross negligence or willful misconduct of Landlord Landlord, or any of its agents agents, servants, employees, contractors, subtenants, assignees or employeesinvitees. (d) The provisions of this Section 7.3 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Blackbaud Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, ------------- against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or the conduct of its business Premises or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the PremisesProject, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred in or resulting from any such claim or any action or proceeding brought thereon, and, in any case, if any action or proceeding is brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's and Landlord's Agent's gross negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property or to the business of Tenant resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the gross negligence of Landlord, its agents, servants, servants or employees, contractors, customers . Neither Landlord nor its agents shall be liable for interference with the light or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theftincorporeal hereditaments, loss of business by ▇▇▇▇▇▇, or loss of the use of any property occurring latent defect in or about the Premises arising from any breach or default on in the part of Project. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Project or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Sources: Office Lease (Portal Software Inc)

Hold Harmless. a. (a) Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord, Landlord’s beneficiaries (if Landlord is a land trust), the managing agent of the Buildings, the leasing agent of the Buildings and their respective agents, partners, shareholders, officers, directors and employees of the Building harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Leased Premises or the Buildings arising from Tenant’s occupancy of the Leased Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the PremisesLeased Premises or the Buildings, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees (but with respect to such guests and invitees, only while they are in the Leased Premises). b. (b) Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant Tenant, its officers, directors, shareholders, employees and affiliates harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Buildings or the Project arising from any activity, work or action done by Landlord in or about the Buildings or the Project or breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission the gross negligence or willful misconduct of Landlord or any of its agents agents, employees, or employeescontractors.

Appears in 1 contract

Sources: Office Lease Agreement (NCL CORP Ltd.)

Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel approved by Landlord, all actions against Landlord, any partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord, holders of mortgages secured by the Premises or the Project and any other party having an interest therein (the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) injury to or death of any person, or damage to or loss of property on the Premises occurring in connection with or arising out of the use, condition, or occupancy of the Premises by Tenant or its agents, contractors or invitees, except to the extent, if any, caused by the gross negligence or willful misconduct of Landlord or its employees, contractors or agents, (b) any violation of this Lease by or attributable to Tenant, or (c) subject to Section 13.4, any act, fault, omission, or other misconduct of Tenant or its agents, contractors, licenses, sublessees, or invitees. Tenant agrees to use and occupy the Premises and other facilities of the Project at its own risk, and hereby releases the Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law. 21.2 Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person fatal or non-fatal bodily injury or property caused damage occasioned by any act, omission the acts or neglect omissions of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisestenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any such other act or omission or willful misconduct of Tenant or any of its tenant’s agents, employees, contractorslicensees, assigns, subtenants, guest or invitees. b. Tenant , of the Project. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any damage losses due to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss burglary, or loss of the use of any property occurring in or about the Premises arising from any breach or default damages done by persons on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesProject.

Appears in 1 contract

Sources: Lease Agreement (Qualys, Inc.)

Hold Harmless. a. Landlord 38.1 Lessee shall not be liable do any act or thing upon the Building, Parking Garage or Real Property which may subject Lessor to Tenantany liability or responsibility for injury, damages to persons or property or to any liability by reasons of any violation of law or of any legal requirement of public authority, but shall exercise such control over the Leased Premises as to protect Lessor against any such liability. Lessee agrees to indemnify and save harmless Lessor from and against (a) all claims of whatever nature against Lessor arising from act, omissions or negligence of Lessee, its contractors, licensees, agents, servants, employees or invitees, or from the joint concurrent act, omission or negligence of Lessor and Lessee in, on or about the Building, Parking Garage and Real Property. In addition, Lessee hereby agrees to indemnify and save harmless Lessor from and against all claims against Lessor arising from any accident, injury or damage occurring any where within or about the Leased Premises, where such accident, injury or damage results or is claimed to have resulted from any act or omission of Lessee or Lessee's agents, employees, contractorsor invitees, customers or invitees the joint or concurrent act, omission or negligence of Lessee and Lessor, (b) Lessor shall not do any act or thing upon the Building, Parking Garage or Real Property which may subject Lessee to any liability or responsibility for any damage injury, damages to person or property caused or to any liability by reasons of any violation of law or of any legal requirements or public authority. Lessor hereby agrees to indemnify and save harmless Lessee from and against all claims of whatever nature against Lessee arising from any act, omission or neglect negligence of TenantLessor, its contractors, licensees, agents servants, employees or invitees, or from the joint or concurrent act, omission or negligence of Lessee and Lessor, in, on or about the Building, Parking Garage and Real Property. Without limiting or being limited by any other indemnity in this LeaseIn addition, but rather in confirmation and furtherance thereof, Tenant Lessor hereby agrees to indemnifyindemnify and save harmless Lessee for and against all claims against Lessee arising from accident, defend by counsel reasonably acceptable injury or damage which results or is claimed to Landlord and hold Landlord harmless ofhave resulted from any act or omission of Lessor or Lessor's agents, employees, or invitees, (c) The foregoing indemnities shall be from and against any and all lossesliability, damagesfines, liabilitiessuits, claims, liensdemands, costs and expenses (including court costs and attorney's fees) of any kind or nature incurred in connection with any such claim or proceeding brought thereon, and the defense thereof. Lessor's recovery against Lessee and Lessee's recovery against Lessor under this indemnity shall be subject to the provisions of Paragraph 39.1 hereof. For purposes of this paragraph 38.1, the term "Lessor" shall include also Lessor's contractors, licensees, agents, servants, employees (including, but not limited to, court costsany management company employed by Lessor) or invitees, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, term Lessee shall include also Lessee's contractors, assignslicensees, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers employees or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesinvitees.

Appears in 1 contract

Sources: Lease Agreement (Mediquik Services Inc)

Hold Harmless. a. Landlord The Supplier shall not be liable to Tenantdefend, indemnify and hold harmless the District and its agents, servantsofficers, employees, contractorsagents and independent contractors from all liabilities, customers claims, actions, liens, judgments, demands, damages, losses, costs or invitees expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or arising from the progress of work or performance of service under this Agreement. As part of this indemnity, Supplier shall protect and defend, at its own expense, the District and its officers, employees, agents and independent contractors from any legal action including attorneys’ fees or other proceeding based upon such act, omission, breach or as otherwise required by this paragraph 12. Furthermore, Supplier agrees to and does hereby defend, indemnify and hold harmless the District and its officers, employees, agents and independent contractors from every claim or demand made, and every liability, loss, damage, expense or attorneys’ fees of any nature whatsoever, which may be incurred by reason of: A. Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or this Agreement; or (4) any other loss, damage or expense, sustained by any person, firm or corporation or in connection with the work called for any in this Agreement, except for liability resulting from the sole or active negligence, or the willful misconduct of the District; and B. Any bodily injury to or death of persons or damage to person or property caused by any act, omission or neglect breach of Tenant. Without limiting Supplier or being limited any person, firm or corporation employed by Supplier, either directly or by independent contract, including all damages or injury to or death of persons, loss (including theft) or loss of use of any property, sustained by any other indemnity person, firm or corporation, including the District, arising out of or in any way connected with Work covered by this LeaseAgreement, whether said injury or damage occurs either on or off District property, but rather in confirmation not for any loss, injury, death or damages caused by the sole or active negligence or willful misconduct of the District; and C. Any dispute between Supplier and furtherance thereofSupplier’s subcontractors/ suppliers/ sureties (if applicable), Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesany failure or alleged failure of the Supplier (or any person hired or employed directly or indirectly by the Supplier) to pay any subcontractor or materialman of any tier or any other person employed in connection with injury to or death the Work and/or filing of any person stop notice or damage to or theftmechanic’s lien claims. Supplier, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesat its own expense, or the conduct of its business or from any activitycost, workand risk, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liensactions, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leasesuits, or due to other proceeding, proceedings that may be brought or instituted against the District on any other grossly negligent act such claim, demand its officers, or omission or willful misconduct of Landlord or any of its liability agents or employees, and on account of or founded upon any cause, damage, or injury identified herein and shall pay or satisfy any judgement judgment that may be rendered against the District, its officers, agents, or employees in any such action, suit, or other proceedings as a result thereof.

Appears in 1 contract

Sources: Purchase Agreement

Hold Harmless. a. 7.1 Tenant covenants and agrees that Landlord shall not at any time or to any extent whatsoever be liable to Tenantliable, its agentsresponsible, servants, employees, contractors, customers or invitees in any way be accountable for any loss, injury, death or damage to person persons or property which at any time may be suffered or sustained by Tenant or by any person whomsoever who may at any time be using, occupying or visiting the Premises, or be in, on, or about the same, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission or neglect negligence of Tenant. Without limiting Tenant or being limited by of any occupant, subtenant, visitor or user of any portion of the Premises or from fire, steam, electricity, water, rain, act of God, or from breakage or leakage or any defect in any pipes, sprinklers, or plumbing, electrical or heating and air conditioning systems or fixtures, or from any other indemnity in this Lease, but rather in confirmation cause. Tenant does hereby release Landlord and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to defend, hold and save Landlord free and hold Landlord harmless of, from from, and against any and all claims, losses, damagescosts, liabilities, claimsexpenses or damages whatsoever arising out of or related to any use or occupancy of the Premises by Tenant or any of Tenant's agents, liensemployees, costs and expenses invitees or contractors (includingcollectively "Losses"), but not limited to, court costs, reasonable including attorneys' fees and litigation expenses) costs on account of any such Losses, except for any Losses resulting solely from the gross negligence or willful misconduct of Landlord. 7.2 Landlord covenants and agrees that Tenant shall not at any time or to any extent whatsoever be liable, responsible, or in connection with any way accountable to Landlord for any injury to or death of persons which at any time may be suffered or sustained by Landlord or by any person whomsoever who may at any time be using, occupying or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of visiting the Premises, or the conduct of its business or from any activitybe in, workon, or thing done, permitted or suffered by Tenant in or about the Premisessame, to the extent such injury or death shall be caused by or in any way result from any breach or default on the part of Tenant in the performance arise out of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leaseact, or due to any other act or omission or willful misconduct negligence of Tenant Landlord, or any of its agentsLandlord's agents or employees. To the extent of any loss which is covered by Landlord's property insurance policies and for which a waiver of subrogation under such policies exists, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to LandlordLandlord for damage from fire, its agentssteam, servantselectricity, employeeswater, contractorsrain, customers act of God, or invitees for from breakage or leakage, or any damage to person defect in any pipes, sprinklers, or property caused by any actplumbing, omission electrical or neglect of Landlord. Without limiting heating and air conditioning systems or being limited by fixtures, or from any other indemnity in this Lease, but rather in confirmation and furtherance thereof, cause. Landlord agrees to indemnify, defend by counsel reasonably acceptable to defend, hold and save Tenant free and hold Tenant harmless of, from from, and against any and all claims, losses, damagescosts, liabilities, claimsexpenses or damages, liens, costs and expenses (including, but not limited to, court costs, reasonable including attorneys' fees and litigation expenses) in connection with injury to or death costs on account of any person or damage to or theftsuch losses, loss or loss of resulting solely from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission gross negligence or willful misconduct of Landlord or any of its agents or employeesLandlord.

Appears in 1 contract

Sources: Lease Agreement (Leiner Health Products Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonable satisfactory by Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premise, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for the loss of damage to any property by theft otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building of from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or doe to the negligence of Landlord, its agents, servants, or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal detriments, contractorsloss of business by Tenant, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Sources: Office Building Lease (Anchor Pacific Underwriters Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the Premises, or Building and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonable satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Sources: Office Building Lease (Diagnostic Retrieval Systems Inc)

Hold Harmless. a. Except to the extent of the negligence or willful misconduct of Landlord shall not be liable to Tenant, its or its’ agents, servants, employees, contractors, customers contractors or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofinvitees, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord shall indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) claims arising out of or in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s use or occupancy of the Premises, or the conduct of its business Premises or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person property entrusted by Tenant to agents or employees of Landlord (i.e., janitorial help), nor for loss or damage to any property caused by theft or otherwise, nor for any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant other cause whatsoever, except to the terms extent of this Lease, or due to any other grossly negligent act or omission the negligence or willful misconduct of Landlord or any of its’ agents, contractors or invitees. Landlord or its agents shall not be liable for interference with the light or employeesother incorporeal hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. Tenant agrees to defend and hold harmless Landlord from any and all claims for damages suffered or alleged to be suffered in or about the Premises, by any employee or other person, or any firm or corporation, except to the extent of the negligence or willful misconduct of Landlord or it’s agents, contractors or invitees.

Appears in 1 contract

Sources: Office Lease Agreement (Eschelon Telecom Inc)

Hold Harmless. a. Landlord To the fullest extent permitted by law, Engineer agrees that it shall not be liable to Tenantdefend, indemnify, and hold harmless DEDA, its agents, servantsofficers, employees, contractorsand agents, customers past or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofpresent, from and against any and all lossesclaims including but not limited to claims for contribution or indemnity, damagesdemands, liabilitiessuits, claimsjudgments, lienscosts, costs and expenses (includingincluding attorneys’ fees) asserted by itself or any person or persons including agents or employees of DEDA or Engineer by reason of death or injury to person or persons or the loss or damage to property arising out of, or by reason of, any act, omission, operation or work of Engineer or its employees while engaged in the execution or performance of services under this Agreement. Said obligations to defend, indemnify, and hold harmless shall include, but not be limited to the obligation to defend, indemnify, and hold harmless DEDA in all matters where claims of liability against DEDA arise out of, relate to, court costsare attributable to, reasonable attorneysare passive or derivative of, or vicarious to the negligent, intentional, or wrongful acts or omissions of Engineer, including but not limited to the failure to supervise, breach of warranty, the failure to warn, the failure to prevent such act or omission by Engineer, its employees, or its agents, and any other source of liability. Said obligations to defend, indemnify, and hold harmless shall be triggered upon the assertion of a claim for damages against ▇▇▇▇. On ten daysfees written notice from DEDA, Engineer shall appear and litigation expenses) defend all lawsuits against DEDA growing out of such injuries or damages. Engineer shall not be required to indemnify DEDA for amounts found by a fact finder to have arisen out of the sole negligent or intentional acts or omission of DEDA unless Engineer should fail to comply with its insurance obligations in connection with injury this contract to the detriment of DEDA, in which case Engineer shall indemnify, defend, and hold harmless DEDA for any and all amounts except amounts attributed to intentional, willful or death wanton acts of DEDA. This Section, in its entirety, shall survive the termination of this Agreement if any amount of work has been performed by Engineer. Nothing in this provision shall affect the limitations of liability of DEDA as set forth in Minnesota Statutes Chapter 466. Engineer shall defend and hold and save DEDA, its officers, employees, representatives and agents, and the Architect, harmless from liability of any person nature or damage to or theftkind, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesincluding costs and expenses, for, or the conduct of its business on account of, any patented or from any activityunpatented invention, workprocess, article, or thing done, permitted appliance manufactured or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant used in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseContract, or due to any other act or omission or willful misconduct of Tenant or any of including its agentsuse by DEDA, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord unless otherwise specifically stipulated in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesTechnical Specifications.

Appears in 1 contract

Sources: Professional Services

Hold Harmless. a. Landlord shall not CITY acknowledges the Subject Area is over, upon and about the Channel and may be liable subject to Tenantall hazards associated with flood conditions. CITY agrees to assume all risks, its agentsfinancial or otherwise, servantsassociated with CITY’s decisions to engage in activities over, employees, contractors, customers on and about the Subject Area caused by or invitees associated with DISTRICT’s flood control operations and the Channel. CITY hereby releases and waives all claims and recourse against DISTRICT and County including the right of contribution for any loss of or damage to person property, or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person arising from, growing out of or in any way connected with or related to this Agreement, including any damage to or theft, loss or loss interruption of the use of any property occurring in of CITY’s equipment or facilities placed in, on, or about the Premises Subject Area, caused by erosion, flood, or flood overflow conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel, or caused by DISTRICT’S flood control operations, except claims arising from Tenant’s occupancy the concurrent active or sole negligence of the PremisesDISTRICT and/or County, or the conduct of its business or from any activitytheir officers, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, employees and contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord CITY agrees to indemnify, defend by with counsel reasonably acceptable to Tenant approved in writing by DISTRICT’s Board of Supervisors, and hold Tenant harmless ofDISTRICT and the COUNTY and their elected and appointed officials, employees, and agents (“DISTRICT/COUNTY INDEMNITEES”) and their property from and against any and all lossesloss, injury, liability, damages, liabilities, claims, liens, costs and expenses expenses, whether incurred by or made against DISTRICT, COUNTY or any of the DISTRICT/COUNTY INDEMNITEES (including, but not limited to, including attorney’s fees and court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury (i) breach of this AGREEMENT by the CITY or its elected and appointed officials, employees, representatives, member agencies, agents, contractors, operators, invitees, or any person authorized by CITY to conduct activities on the Subject Area (individually and collectively “CITY INDEMNITEES”); (ii) the willful misconduct or negligent acts or omissions of CITY, CITY INDEMNITEES or any of them relating to or death connected with and/or implementation of the CITY Project; and (iii) the accuracy of any person materials, methodology and/or other documentation provided by CITY to DISTRICT, DISTRICT/COUNTY INDEMNITEES or damage to or theft, loss or loss any of them in furtherance of the use implementation of the CITY Project or in performance of this AGREEMENT; provided, however, that (a) DISTRICT timely provides notice to the CITY upon becoming aware of any property occurring fact, condition or event which may reasonably give rise to CITY’s obligation to defend and indemnify DISTRICT under this section and, (b) nothing in this subparagraph shall operate to relieve DISTRICT or about any DISTRICT/COUNTY INDEMNITEES from responsibility for, or to require their indemnification with respect to, any loss, injury, liability, damages, claims, costs or expenses to the Premises arising extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of DISTRICT, the DISTRICT/COUNTY INDEMNITEES, any party acting on their behalf or under their direction. If judgment is entered against DISTRICT/County and CITY by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and CITY, DISTRICT and CITY agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. The Parties agree that this Agreement shall constitute a separate agreement from any breach approval via the Permits or default on other third parties, and if the CITY Project is invalidated, in part or in whole, rendered null or set aside by a court of Landlord in competent jurisdiction, the performance of any covenant or agreement on the part of Landlord Parties agree to be performed pursuant to bound by the terms of this LeaseSection (Hold Harmless), which shall survive such invalidation, nullification or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeessetting aside.

Appears in 1 contract

Sources: Construction Contract

Hold Harmless. a. Landlord To the extent permitted by law, and except to the extent of Landlord’s negligent acts or omissions. Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its Tenant’s business or from any activity, work, or thing other things done, permitted permitted, or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant’s part of Landlord to be performed pursuant to under the terms of this Lease or arising from any act or negligence of Tenant or any officer, agent, employee, guest, licensee or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. In any action or proceeding brought against Landlord by reason of such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. This indemnification shall survive termination of this Lease. To the extent permitted by law. Tenant hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises from any cause other than the negligence of Landlord, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or Landlord’s agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Premises or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface, or from any other place resulting from dampness, or from any other cause whatsoever, unless caused by or due to any other grossly negligent act or omission or willful misconduct the negligence of Landlord or any Landlord’s agents. Tenant shall give immediate notice to Landlord in case of its agents casualty or employeesaccident incident or claim associated with the Premises.

Appears in 1 contract

Sources: Lease Agreement (VCG Holding Corp)

Hold Harmless. a. Except to the extent any liability for damage or loss is caused by the negligence of Landlord, its agents or employees and subject to provisions of Section 15c hereof, Tenant shall hold harmless Landlord, its shareholders, directors, officers, agents and employees, from any liability for damages to any person or property in or upon the Demised Premises and the Demised Premises, including the person and the property of Tenant and its employees and all persons in the Building at its or their invitation or sufferance, and from all damages resulting from Tenant's failure to perform the covenants or other provisions of this Lease. Subject to the provisions of Section 15c and Section 19 hereof, Landlord shall not be liable to hold harmless Tenant, its agentsshareholders, servantsdirectors, officers, agents and employees, contractors, customers or invitees from any liability for any damage damages to person or property caused by any actarising out of the negligence or willful misconduct of Landlord. All property kept, omission maintained or neglect stored on the Demised Premises shall be so kept, maintained or stored at the sole risk of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and pay all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) sums of money in connection with injury to or death respect of any person labor, service, materials, supplies or damage equipment furnished or alleged to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by have been furnished to Tenant in or about the Demised Premises, and not furnished on order of Landlord, which may be secured by any mechanic's materialmen's or from other lien provided that Tenant may contest such lien, upon providing Landlord adequate security against such lien. If any breach such lien is reduced to final judgment and if such judgment or default process thereon is not stayed, or if stayed and said stay expires, then Tenant shall immediately pay and discharge said judgment. Landlord shall have the right to post and maintain on the part Demised Premises, notices of Tenant in non-responsibility under the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss laws of the use State of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesMinnesota.

Appears in 1 contract

Sources: Lease Agreement (Mgi Pharma Inc)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Demised Premises or from the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim. Tenant upon written notice from Landlord shall not be liable defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises, from any cause other then the gross negligence of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises. (b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary. (c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.

Appears in 1 contract

Sources: Business Lease (VCG Holding Corp)

Hold Harmless. a. Tenant agrees to indemnify and hold Landlord shall and its agents harmless from any and all claims arising from, in connection with or related to: Tenant's use of the Premises, the Building or the Real Property; the conduct of Tenant's business; or any activity, work or other thing done or permitted by the Tenant on the premises, in the Building or on the Real Property, whether or not be liable such claims are due in whole or in part to Tenant's negligence, unless other insurances are involved. Tenant further agrees to indemnify and hold Landlord harmless from any and all claims arising from, in connection with, or related to any default by Tenant in the performance of its agentsobligations under this Lease, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of the Tenant, its agents or invitees. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant further agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses' fees) incurred by Landlord in connection with injury its defense against any claim made against the Landlord as to or death which Tenant has indemnified Landlord pursuant to this Paragraph 15. Tenant shall give prompt notice to Landlord of any person casualty or damage to accident in the Premises. Upon notice by Landlord, Tenant, at Tenant's expense,shall defend Landlord in any action or theft, loss or loss of the use proceeding brought against Landlord by reason of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant such claim. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and likewise hold Tenant harmless of, from and against any and all lossesclaims due to Landlord's negligence. (a) any equipment or appurtenances, damages, liabilities, claims, liens, costs and expenses including the HVAC system becoming out of repair; (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesb) in connection with injury to done or death of occasioned by wind; (c) any person or damage to or theft, loss or loss of the use of any property occurring defect in or about the Premises arising from failure of plumbing, heating or air conditioning equipment, electric wiring or insulation thereof; (d) any breach defect in or default on the part failure of Landlord in the performance of any covenant gas, water and steam pipes, stairs, railings or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.walks; (e) broken glass;

Appears in 1 contract

Sources: Lease Renewal (Nutraceutix Inc)