Common use of INDEMNIFICATION AND WAIVER OF CLAIM Clause in Contracts

INDEMNIFICATION AND WAIVER OF CLAIM. a. Tenant will defend and will indemnify Landlord and save Landlord harmless from and against any and all claims, actions, damages, liability, and expense (including, but not limited to, reasonable attorneys' fees) in connection with the loss of life, bodily injury, or damage to property or business arising from, related to, or in connection with the occupancy or use by Tenant or any assignee, subtenant, concessionaire, or licensee of the Premises or any part of Landlord's personal property or the Building or occasioned wholly or in part by any act or omission of Tenant or any assignee, subtenant, concessionaire, or licensee or its or their contractors, subcontractors, or its or their agents or employees or other persons on the Premises. Tenant shall also pay all reasonable costs, expenses, and attorneys' fees that may be expended or incurred by Landlord in enforcing the covenants and agreements of this Lease. The provisions of this Section shall survive the termination or earlier expiration of this Lease. Landlord shall not be liable for, and Tenant, in consideration of Landlord's execution of this Lease, hereby releases all claims against Landlord for loss or damage that may be occasioned by or through the acts or omissions of other tenants, their contractors and subcontractors and their agents, invitees, or employees, or for loss of life, bodily injury, or damage to property or business sustained by Tenant or any person claiming through Tenant or on the Premises resulting from any fire, accident, occurrence, or any other condition in or upon the Property or any part thereof. The foregoing waiver and release is intended by Landlord and Tenant to be absolute, unconditional, and without exception and to supersede any specific repair obligation imposed upon Landlord hereunder; provided that such waiver and release shall not apply to the gross negligence or willful misconduct of Landlord.

INDEMNIFICATION AND WAIVER OF CLAIM. a. Tenant will defend and will indemnify Landlord Landlord, its partners, agents, servants and employees, and save Landlord it and them harmless from and against any and all claims, actions, damages, liability, costs, and expense (including, including but not limited to, reasonable attorneys' feesfees and disbursements) in connection with the loss of life, bodily injury, or damage to property or business arising from, related to, or in connection with the occupancy or use by Tenant or any assignee, subtenant, concessionaire, or licensee of the Premises or any part of Landlord's personal property or the Premises, Property or Building or occasioned wholly or in part by any act or omission of Tenant or any assignee, subtenant, concessionaire, or licensee or its or their contractors, subcontractors, or its or their agents or employees or other persons on the PremisesPremises arising from events occurring after the Commencement Date; provided, however, that such indemnification shall not apply to the negligence or willful acts of Landlord or its contractors, employees, invitees or subcontractors, or its or their agents or employees. Tenant shall also pay all reasonable costs, expenses, and reasonable attorneys' fees that may be expended or incurred by Landlord in enforcing the covenants and agreements of this LeaseLease should Landlord prevail in such action(s). The provisions of this Section shall survive the termination or earlier expiration of this Lease. Landlord shall not be liable for, and Tenant, in consideration of Landlord's execution of this Lease, hereby releases all claims against Landlord for bodily injury, death, loss or property damage that may be occasioned by or through the acts or omissions of other tenants, their contractors and subcontractors and their agents, inviteesor employees. Notwithstanding anything to the contrary contained in this Lease, Landlord and Tenant do mutually each release and discharge the other, and all persons against whom the insurance company or companies would have a right or claim by virtue of subrogation, of and from all suits, claims, and demands whatsoever, for loss or damage to the property of the other, even if caused by or occurring through or as a result of any negligent act or omission of the party released hereby or its contractors, subcontractors, agents, or employees, so long as and to the extent that such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be so covered under this Lease. Each party further agrees that each at its own cost will cause its policies of insurance for fire and extended coverage to be so written as to include a waiver of subrogation by causing such policies to contain a clause in substantially the following form: It is hereby stipulated that this insurance shall not be invalidated should the insured or any of them waive in writing prior to a loss any or all right of recovery against any person or entity for loss occurring to the property described herein. The provisions of lifethis Section 20 shall survive the termination or earlier expiration of the Term of this Lease with respect to any loss, bodily damage, injury, or damage death occurring prior to property or business sustained by Tenant or any person claiming through Tenant or on the Premises resulting from any fire, accident, occurrence, or any other condition in or upon the Property or any part thereof. The foregoing waiver and release is intended by Landlord and Tenant to be absolute, unconditional, and without exception and to supersede any specific repair obligation imposed upon Landlord hereunder; provided that such waiver and release shall not apply to the gross negligence or willful misconduct of Landlordtermination.

INDEMNIFICATION AND WAIVER OF CLAIM. a. Tenant will defend and will indemnify Landlord Landlord, its partners, agents, servants and employees, and save Landlord it and them harmless from and against any and all claims, actions, damages, liability, costs, and expense (including, but not limited to, reasonable attorneys' fees’ fees and disbursements) in connection with the loss of life, bodily injury, or damage to property or business arising from, related to, or in connection with the occupancy or use by Tenant or any assignee, subtenant, concessionaire, or licensee of the Premises or any part of Landlord's ’s personal property or the Premises, Property or Building or occasioned wholly or in part by any act or omission of Tenant or any assignee, subtenant, concessionaire, or licensee or its or their contractors, subcontractors, or its or their agents or employees or other persons on the PremisesPremises arising from events occurring after the Commencement Date; provided, however, that such indemnification shall not apply to the negligence or willful acts of Landlord or its contractors, employees, invitees or subcontractors, or its or their agents or employees. Tenant shall also pay all reasonable costs, expenses, and reasonable attorneys' ’ fees that may be expended or incurred by Landlord in enforcing the covenants and agreements of this LeaseLease should Landlord prevail in such action(s). The provisions of this Section shall survive the termination or earlier expiration of this Lease. Landlord shall not be liable for, and Tenant, in consideration of Landlord's ’s execution of this Lease, hereby releases all claims against Landlord for bodily injury, death, loss or property damage that may be occasioned by or through the acts or omissions of other tenants, their contractors and subcontractors and their agents, inviteesor employees. Notwithstanding anything to the contrary contained in this Lease, Landlord and Tenant do mutually each release and discharge the other, and all persons against whom the insurance company or companies would have a right or claim by virtue of subrogation, of and from all suits, claims, and demands whatsoever, for loss or damage to the property of the other, even if caused by or occurring through or as a result of any negligent act or omission of the party released hereby or its contractors, subcontractors, agents, or employees, so long as and to the extent that such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be so covered under this Lease. Each party further agrees that each at its own cost will cause its policies of insurance for fire and extended coverage to be so written as to include a waiver of subrogation by causing such policies to contain a clause in substantially the following form: It is hereby stipulated that this insurance shall not be invalidated should the insured or any of them waive in writing prior to a loss any or all right of recovery against any person or entity for loss occurring to the property described herein. The provisions of lifethis Section 20 shall survive the termination or earlier expiration of the Term of this Lease with respect to any loss, bodily damage, injury, or damage death occurring prior to property or business sustained by Tenant or any person claiming through Tenant or on the Premises resulting from any fire, accident, occurrence, or any other condition in or upon the Property or any part thereof. The foregoing waiver and release is intended by Landlord and Tenant to be absolute, unconditional, and without exception and to supersede any specific repair obligation imposed upon Landlord hereunder; provided that such waiver and release shall not apply to the gross negligence or willful misconduct of Landlordtermination.