Common use of Indemnification by Lessee Clause in Contracts

Indemnification by Lessee. Lessee will protect, indemnify, save harmless and defend Lessor and Lessor’s Assignees, if any, from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, attorneys’ fees and expenses) imposed upon or incurred by or asserted against Lessor or any of Lessor’s Assignees, if any, by reason of: (a) the acquisition and ownership of, or the holding of any security in, the Leased Property; (b) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Leased Property or adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (c) any use, non-use or condition in, on or about the Leased Property, or any part thereof or on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (d) any Impositions; (e) any failure on the part of Lessee to perform or comply with any of the terms of this Lease; (f) performance of any labor or services or the furnishing of any materials or other property in respect of the Leased Property or any part thereof, except to the extent performed by or at the direction of Lessor; (g) the nonperformance of any of the terms and provisions of any and all existing and future subleases of the Leased Property to be performed by the Lessee as lessor thereunder; (h) the presence, disposal, escape, seepage, leakage, spillage, discharge, emission, release, or threatened release of any Hazardous Materials on, from, or affecting the Leased Property or any other property; (i) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (j) any lawsuit brought or threatened, settlement reached, or governmental order relating to such Hazardous Materials; or (k) any violation reasonably believed to have occurred of laws, orders, regulations, requirements or demands of government authorities by Lessee (or anyone having access to the Leased Property, or interest in, the Leased Property by through or under Lessee), which are based upon or in any way related to such Hazardous Materials including, without limitation, the costs and expenses of any remedial action, attorneys’ and consultant’s fees, investigation and laboratory fees, court costs and litigation expenses. Any amounts which become payable by Lessee under this Section shall be paid on demand, and if not timely paid, shall bear interest (to the extent permitted by law) at the Overdue Rate (or at the maximum rate permitted by law, whichever is the lesser) from the date of such determination to the date of payment. Lessee, at its expense, shall contest, resist and defend any such claim, action or proceeding asserted or instituted against Lessor, or any of Lessor’s Assignees, if any, and may compromise or otherwise dispose of the same as Lessee sees fit. Nothing herein shall be construed as indemnifying Lessor, Lessor’s agents, employees or contractors, or Lessor’s Assignees against its own affirmative negligent acts or willful acts (or such lesser standard as shall be permitted by the State); provided that nothing contained herein shall be deemed to diminish or restrict the insurance coverage to be provided to Lessor, or Lessor’s Assignee pursuant to the provisions of Article 14 hereof. Lessee’s liability for a breach of the provisions of this Section arising during the Term hereof shall survive any termination of this Lease.

Indemnification by Lessee. To the maximum extent permitted by law, Lessee will protect, shall and hereby does indemnify, save harmless defend and defend hold Lessor and Lessor’s Assignees, if any, the Lessor Parties harmless from and against any and all liabilities, obligationsactions, claims, demands, damages, penaltiesliabilities and expenses, causes of action, costs and expenses (including, including without limitation, attorneys’ reasonable legal fees and expenses) disbursements asserted against, imposed upon or incurred by or asserted against Lessor or any of Lessor’s Assignees, if any, by reason of: (a) the acquisition and ownership ofany violation caused, suffered or the holding permitted by Lessee, of any security inof the terms, the Leased Property; covenants, conditions, provisions or agreements of this Agreement, (b) the use or occupancy of the Property by Lessee or any accidentLessee Party, injury to or death of persons or loss of or damage to property occurring on or about the Leased Property or adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (c) any useacts, non-use omissions, or condition innegligence of Lessee or any Lessee Party, on in or about the Leased Property, either prior to or any part thereof or on during the adjoining sidewalksTerm, curbs, adjacent property or adjacent parking areas, streets or ways; (d) any Impositions; damage or injury to persons or property occurring upon or in connection with the use or occupancy of the Property during the Lease Term as a result of the negligent or intentional act or omission of Lessee or any Lessee Party, (e) the use, conduct or maintenance of the Property or any business therein or any work or thing whatsoever done, or any condition created in or about the Property during the Lease Term (or any time prior to the Lease Term that Lessee or any Lessee Party may have been given access to the Property), (f) any negligent or otherwise wrongful act or omission of Lessee or any Lessee Party during the Lease Term or (g) any failure on the part of Lessee to perform or comply with any of the terms of this Lease; (f) performance of any labor or services or the furnishing of any materials or other property in respect of the Leased Property or any part thereof, except to the extent performed by or at the direction of Lessor; (g) the nonperformance of any of the terms and provisions of any and all existing and future subleases of the Leased Property to be performed by the Lessee as lessor thereunder; (h) the presence, disposal, escape, seepage, leakage, spillage, discharge, emission, release, or threatened release of any Hazardous Materials on, from, or affecting the Leased Property or any other property; (i) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (j) any lawsuit brought or threatened, settlement reached, or governmental order relating to such Hazardous Materials; or (k) any violation reasonably believed to have occurred of laws, orders, regulations, requirements or demands of government authorities by Lessee (or anyone having access to the Leased Property, or interest in, the Leased Property by through or under Lessee), which are based upon or in any way related to such Hazardous Materials including, without limitation, the costs and expenses of any remedial action, attorneys’ and consultant’s fees, investigation and laboratory fees, court costs and litigation expenses. Any amounts which become payable by Lessee under this Section shall be paid on demand, and if not timely paid, shall bear interest (to the extent permitted by law) at the Overdue Rate (or at the maximum rate permitted by law, whichever is the lesser) from the date of such determination to the date of payment. Lessee, at its expense, shall contest, resist and defend any such claim, action or proceeding asserted or instituted against Lessor, or any of Lessor’s Assignees, if any, and may compromise or otherwise dispose of the same as Lessee sees fit. Nothing herein shall be construed as indemnifying Lessor, Lessor’s agents, employees or contractors, or Lessor’s Assignees against its own affirmative negligent acts or willful acts (or such lesser standard as shall be permitted by the State); provided that nothing contained herein shall be deemed to diminish or restrict the insurance coverage to be provided to Lessor, or Lessor’s Assignee pursuant to the provisions of Article 14 hereof. Lessee’s liability for a breach of the provisions of this Section arising during Agreement that are applicable to Lessee, it being understood that the Term hereof shall survive any termination provisions of this Leaseindemnity are intended to indemnify Lessor and its agents against the consequences of their own negligence or fault, even when Lessor or its agents are jointly, comparatively, contributively, or concurrently negligent with Lessee, and even though any such claim, cause of action or suit is based upon or alleged to be based upon the strict liability of Lessor or its agents. However, such indemnity shall not apply to the sole or gross negligence or willful misconduct of Lessor and its agents.

Indemnification by Lessee. Lessee will protect, indemnify, save harmless and defend Lessor and Lessor’s Assignees, if any, from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) imposed upon or incurred by or asserted against Lessor or any of Lessor’s Assignees, if any, by reason of: (a) the acquisition and ownership of, or the holding of any security in, Lessee’s interest in the Leased Property; (b) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Leased Property or adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (c) any use, non-use or condition in, on or about the Leased Property, or any part thereof or on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (d) any Impositions; (e) any failure on the part of Lessee to perform or comply with any of the terms of this Lease; (f) performance of any labor or services or the furnishing of any materials or other property in respect of the Leased Property or any part thereof, except to the extent performed by or at the direction of Lessor; (g) the nonperformance of any of the terms and provisions of any and all existing and future subleases of the Leased Property to be performed by the Lessee as lessor Lessor thereunder; (h) except as provided in Article 11, the presence, disposal, escape, seepage, leakage, spillage, discharge, emission, release, or threatened release of any Hazardous Materials on, from, or affecting the Leased Property or any other property; (i) except as provided in Article 11, any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (j) except as provided in Article 11, any lawsuit brought or threatened, settlement reached, or governmental order relating to such Hazardous Materials; or (k) except as provided in Article 11, any violation reasonably believed to have occurred of laws, orders, regulations, requirements or demands of government authorities by Lessee (or anyone having access to the Leased Property, or interest in, the Leased Property by through or under Lessee)authorities, which are based upon or in any way related to such Hazardous Materials including, without limitation, the costs and expenses of any remedial action, reasonable attorneys’ and consultant’s fees, investigation and laboratory fees, court costs and litigation expenses. Any amounts which become payable by Lessee under this Section shall be paid on demand, and if not timely paid, shall bear interest (to the extent permitted by law) at the Overdue Rate (or at the maximum rate permitted by law, whichever is the lesser) from the date of such final determination to the date of payment. Lessee, at its expense, shall contest, resist and defend any such claim, action or proceeding asserted or instituted against Lessor, or any of Lessor’s Assignees, if any, and may compromise or otherwise dispose of the same as Lessee sees fit. Nothing herein shall be construed as indemnifying Lessor, Lessor’s agents, employees or contractors, Lessor or Lessor’s Assignees against its own affirmative Lessor’s grossly negligent acts or willful acts (or such lesser standard as shall be permitted by the State); provided that nothing contained herein shall be deemed to diminish or restrict the insurance coverage to be provided to Lessor, or Lessor’s Assignee pursuant to the provisions of Article 14 hereofacts. Lessee’s liability for a breach of the provisions of this Section arising during the Term hereof shall survive any termination of this Lease.

Indemnification by Lessee. Lessee will protect, indemnify, save harmless and defend Lessor and Lessor’s AssigneesAssignee, if any, from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, attorneys’ fees and expenses) imposed upon or incurred by or asserted against Lessor or any of Lessor’s AssigneesAssignee, if any, by reason of: (a) the acquisition and ownership of, or the holding of any security in, the Leased Property; (b) any accident, injury to or death of persons or loss of or damage to property occurring during the Term, including any renewal or extension thereof, on or about the Leased Property or adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (cb) any use, non-use or condition in, on or about the Leased Property, or any part thereof or on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or waysways during the Term, including any renewal or extension thereof; (dc) any Impositions; (ed) any failure on the part of Lessee to perform or comply with any of the terms of this Lease; (fe) performance of any labor or services or the furnishing of any materials or other property in respect of the Leased Property or any part thereof, except to the extent performed by or at the direction of Lessor; (gf) the nonperformance of any of the terms and provisions of any and all existing and future subleases of the Leased Property during the Term, including any renewal or extension thereof, to be performed by the Lessee as lessor thereunder; (hg) the presence, disposal, escape, seepage, leakage, spillage, discharge, emission, release, or threatened release of any Hazardous Materials on, on or from, or affecting the Leased Property prior to or during the Term, including any renewal or extension thereof, or by, or resulting from, the acts or omissions of, Lessee or its invitees or any other propertythird party having access through or under the Lessee to the extent removal or remediation of such Hazardous Materials is required by the Environmental Authorities; (ih) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (j) Materials during or prior to the Term, including any lawsuit brought renewal or threatened, settlement reached, or governmental order relating to such Hazardous Materialsextension thereof; or (ki) any violation reasonably believed failure on the part of Lessee to have occurred perform or comply with any obligation on the part of laws, orders, regulations, requirements Lessee to be performed or demands complied with under any leases of government authorities by Lessee (or anyone having access equipment and any contracts relating to the Leased Propertyservice, or interest in, maintenance and operation of the Leased Property by through whether entered into prior to or under Lessee)during the Term, which are based upon including any renewal or in any way related to such Hazardous Materials including, without limitation, the costs and expenses of any remedial action, attorneys’ and consultant’s fees, investigation and laboratory fees, court costs and litigation expensesextension thereof. Any amounts which become payable by Lessee under this Section shall be paid on demand, and if not timely paid, shall bear interest (to the extent permitted by law) at the Overdue Rate (or at the maximum rate permitted by law, whichever is the lesser) from the date of such determination to the date of payment. Lessee, at its expense, shall contest, resist and defend any such claim, action or proceeding asserted or instituted against Lessor, or any of Lessor’s AssigneesAssignee, if any, and may compromise or otherwise dispose of the same as Lessee sees fit. Nothing herein shall be construed as indemnifying Lessor, Lessor or any Lessor’s agents, employees or contractors, or Lessor’s Assignees Assignee against its own affirmative negligent acts or willful acts (or such lesser standard as shall be permitted by the State); provided that nothing contained herein shall be deemed to diminish or restrict the insurance coverage to be provided to Lessor, or Lessor’s Assignee pursuant to the provisions of Article 14 hereofomissions. Lessee’s liability for a breach of the provisions of this Section arising during the Term hereof shall survive any termination of this Lease.

Indemnification by Lessee. Lessee will protect, indemnify, save harmless and defend Lessor and Lessor’s 's Assignees, if any, from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, attorneys’ ' fees and expenses) imposed upon or incurred by or asserted against Lessor or any of Lessor’s 's Assignees, if any, by reason of: (ai) the acquisition and ownership of, or the holding of any security in, the Leased Property; , (bii) any accident, injury to or death of persons or loss of or damage to property occurring (y) on or about the Leased Property or (z) adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; ways (ccollectively, the "Adjacent Property"), unless the Adjacent Property is owned by or secures a loan made by Lender and Lessor otherwise has no liability for such accident, injury, death or loss of or damage to property, (iii) any use, non-use or condition in, on or about the Leased Property, or any part thereof or on the adjoining sidewalksAdjacent Property, curbsunless the Adjacent Property is owned by, adjacent property or adjacent parking areassecures a loan made by Lender and Lessor otherwise has no liability for such use, streets nonuse or ways; condition, (div) any Impositions; , (ev) any failure on the part of Lessee to perform or comply with any of the terms of this Lease; , (fvi) performance of any labor or services or the furnishing of any materials or other property in respect of the Leased Property or any part thereof, except to the extent performed by or at the direction of Lessor; (gvii) the nonperformance non-performance of any of the terms and provisions of any and all existing and future subleases of the Leased Property to be performed by the Lessee as lessor landlord thereunder; , (hviii) the presence, disposal, escape, seepage, leakage, spillage, discharge, emission, release, or threatened release of any Hazardous Materials on, from, or affecting the Leased Property or any other property; property (ithe "Other Property"), unless such Other Property is owned by, or secures a loan made by, Lender and Lessor otherwise has no liability therefor, (ix) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; , (jx) any lawsuit brought or threatened, settlement reached, or governmental order relating to such Hazardous Materials; , or (kxi) any violation reasonably believed to have occurred of laws, orders, regulations, requirements requirements, or demands of government authorities by Lessee (or anyone having access to the Leased Property, or interest in, the Leased Property by through or under Lessee)authorities, which are based upon or in any way related to such Hazardous Materials including, without limitation, the costs and expenses of any remedial action, attorneys’ attorney and consultant’s consultant fees, investigation and laboratory fees, court costs costs, and litigation expenses. Any amounts which become payable by Lessee under this Section shall be paid on demand, and if not timely paid, shall bear interest (to the extent permitted by law) at the Overdue Rate (or at the maximum rate permitted by law, whichever is the lesser) from the date of such determination to the date of payment. Lessee, at its expense, shall contest, resist and defend any such claim, action or proceeding asserted or instituted against Lessor, or any of Lessor’s 's Assignees, if any, and may compromise or otherwise dispose of the same as Lessee sees fit. Nothing herein shall be construed as indemnifying Lessor, Lessor’s agents, employees or contractors, or Lessor’s Assignees Lessor against its own affirmative grossly negligent acts or willful acts (or such lesser standard as shall be permitted by the State); provided that nothing contained herein shall be deemed to diminish or restrict the insurance coverage to be provided to Lessor, or Lessor’s Assignee pursuant to the provisions of Article 14 hereofacts. Lessee’s 's liability for a breach of the provisions of this Section arising during the Term hereof shall survive any termination of this Lease.

Indemnification by Lessee. Lessee will protect, indemnify, save harmless and defend Lessor and Lessor’s 's Assignees, if any, from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys’ ' fees and expenses) imposed upon or incurred by or asserted against Lessor or any of Lessor’s 's Assignees, if any, by reason of: (a) the acquisition and ownership of, or the holding of any security in, the Leased Property; (b) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Leased Property or adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (c) any use, non-use or condition in, on or about the Leased Property, or any part thereof or on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (d) any Impositions; (e) any failure on the part of Lessee to perform or comply with any of the terms of this Lease; (f) performance of any labor or services or the furnishing of any materials or other property in respect of the Leased Property or any part thereof, except to the extent performed by or at the direction of Lessor; (g) the nonperformance of any of the terms and provisions of any and all existing and future subleases of the Leased Property to be performed by the Lessee as lessor Lessor thereunder; (h) except as provided in Article 11, the presence, disposal, escape, seepage, leakage, spillage, discharge, emission, release, or threatened release of any Hazardous Materials on, from, or affecting the Leased Property or any other property; (i) except as provided in Article 11, any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (j) except as provided in Article 11, any lawsuit brought or threatened, settlement reached, or governmental order relating to such Hazardous Materials; or (k) except as provided in Article 11, any violation reasonably believed to have occurred of laws, orders, regulations, requirements or demands of government authorities by Lessee (or anyone having access to the Leased Property, or interest in, the Leased Property by through or under Lessee)authorities, which are based upon or in any way related to such Hazardous Materials including, without limitation, the costs and expenses of any remedial action, reasonable attorneys’ ' and consultant’s 's fees, investigation and laboratory fees, court costs and litigation expenses. Any amounts which become payable by Lessee under this Section shall be paid on demand, and if not timely paid, shall bear interest (to the extent permitted by law) at the Overdue Rate (or at the maximum rate permitted by law, whichever is the lesser) from the date of such final determination to the date of payment. Lessee, at its expense, shall contest, resist and defend any such claim, action or proceeding asserted or instituted against Lessor, or any of Lessor’s 's Assignees, if any, and may compromise or otherwise dispose of the same as Lessee sees fit. Nothing herein shall be construed as indemnifying Lessor, Lessor’s agents, employees or contractors, Lessor or Lessor’s 's Assignees against its own affirmative Lessor's grossly negligent acts or willful acts (or such lesser standard as shall be permitted by the State); provided that nothing contained herein shall be deemed to diminish or restrict the insurance coverage to be provided to Lessor, or Lessor’s Assignee pursuant to the provisions of Article 14 hereofacts. Lessee’s 's liability for a breach of the provisions of this Section arising during the Term hereof shall survive any termination of this Lease.