Indemnification of Owner. Manager agrees to indemnify, defend, protect, save and hold harmless Owner and its stockholders, officers, directors, employees, managers, successors and assigns from any and all claims or liability for any injury or damage to any person or property whatsoever for which Manager is responsible occurring in, on, or about the Properties, including, without limitation, the Improvements, when the injury or damage shall be caused by the misconduct, negligence or unlawful acts (the unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager, its agents, servants, or employees, except to the extent that Owner recovers insurance proceeds with respect to such matter.
Appears in 3 contracts
Samples: Registration Rights Agreement (Behringer Harvard Reit I Inc), Management Agreement (Behringer Harvard Opportunity REIT II, Inc.), Management and Leasing Agreement (Behringer Harvard Reit I Inc)
Indemnification of Owner. Manager agrees to shall indemnify, defend, protect, save and hold harmless Owner Owner, its Affiliates and its their respective stockholders, officers, directors, employees, managers, agents, representatives, successors and assigns assigns, from any and all claims or liability for any injury or damage to any person or property whatsoever for which Manager is responsible occurring in, on, or about the Properties, including, without limitation, including the Improvements, when the injury or damage shall be caused by the willful misconduct, gross negligence or unlawful acts (the unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager, its agents, servants, servants or employees, except to the extent that Owner recovers insurance proceeds with respect to such matter.
Appears in 2 contracts
Samples: Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.), Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Indemnification of Owner. Manager agrees to indemnify, defend, protect, save and hold harmless Owner and its stockholders, partners, members, officers, directors, employees, managers, successors and assigns from any and all claims or liability Losses for any injury or damage to any person or property whatsoever for which Manager is responsible occurring in, on, or about the Properties, including, without limitation, the Improvements, when the injury or damage shall be caused by the willful misconduct, gross negligence or unlawful acts (the unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager, its agents, servants, or employees, except to the extent that Owner recovers insurance proceeds with respect to such matter.
Appears in 1 contract
