Common use of Indemnification of Owner Clause in Contracts

Indemnification of Owner. Property Manager agrees to defend and hold and save Owner free and harmless from and against all expenses, claims, liabilities, losses, judgments or damages, including reasonable attorneys’ fees actually incurred (except to the extent covered by insurance carried by Owner), which Owner may suffer or incur as a result of any gross negligence or willful misconduct of Property Manager or its agents, employees, independent contractors or others under the direction or control of Property Manager, any claim by or relating to any employee of Property Manager against Owner that is predicated on the claim that such employee is the employee of Owner and not of Property Manager or acts outside the scope of Property Manager’s authority hereunder, and agrees to retain legal counsel reasonably acceptable to Owner and at Property Manager’s sole expense to defend promptly and diligently any claim, action or proceeding brought against Owner or Property Manager, jointly or severally, arising out of or in connection with any of the foregoing. Owner shall have the right to be represented by advisory counsel of its own selection and at its own expense. It is expressly understood and agreed that the provisions of Section 7(b) hereinabove and the provisions of this Section 7(d) shall survive the termination of this Agreement to the extent of any cause of action arising from events occurring prior to such termination.

Indemnification of Owner. Property Manager agrees to defend and hold and save Owner free and harmless from and against all expenses, claims, liabilities, losses, judgments or damages, including reasonable attorneys’ fees actually incurred (except to the extent covered by insurance carried by Owner), which Owner may suffer or incur as a result of any gross negligence or willful misconduct of Property Manager or its agents, employees, independent contractors or others under the direction or control of Property Manager, any claim by or relating to any employee of Property Manager against Owner that is predicated on the claim that such employee is the employee of Owner and not of Property Manager or acts any act outside the scope of Property Manager’s authority hereunder, and agrees to retain legal counsel reasonably acceptable to Owner and at Property Manager’s sole expense to defend promptly and diligently any claim, action or proceeding brought against Owner or Property Manager, jointly or severally, arising out of or in connection with any of the foregoing. Owner shall have the right to be represented by advisory counsel of its own selection and at its own expense. It is expressly understood and agreed that the provisions of Section 7(b) hereinabove and the provisions of this Section 7(d) shall survive the termination of this Agreement to the extent of any cause of action arising from events occurring prior to such termination.