Indemnity, Liability and Loss or Damage. Landlord shall not be liable to Tenant or Tenant’s agents, employees, guests, invitees or any person claiming by, through or under Tenant for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s business, occasioned by or through the acts or omissions of Landlord, or by any cause whatsoever except for any thereof arising solely from or out of Landlord’s gross negligence or willful wrongdoing. Unless arising solely from or out of Landlord’s gross negligence or willful wrongdoing, Landlord shall not be liable for, and Tenant shall indemnify Landlord and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Premises or the occupancy or use by Tenant of the Premises or any part thereof. Tenant acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Landlord and Landlord’s agents, servants and employees. If Landlord shall be made a party to any action commenced by or against Tenant, Tenant shall protect and hold Landlord harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Landlord in connection therewith. Unless arising solely from or out of Tenant’s gross negligence or willful wrongdoing, Tenant shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Complex (excluding the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Tenant and Tenant’s agents, servants and employees. If Tenant shall be made a party to any action commenced by or against Landlord, Landlord shall protect and hold Tenant harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Tenant in connection therewith.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement (Elevate Credit, Inc.), Lease Agreement (Elevate Credit, Inc.)
Indemnity, Liability and Loss or Damage. Landlord shall not be liable to Tenant or Tenant’s agents, employees, guests, invitees or any person claiming by, through or under Tenant for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s business, occasioned by or through the acts or omissions of Landlord, or by any cause whatsoever except for any thereof arising solely from or out of Landlord’s gross negligence or willful wrongdoing. Unless arising solely from or out of Landlord’s gross negligence or willful wrongdoing, Landlord shall not be liable for, and Tenant shall indemnify Landlord and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Premises or the occupancy or use by Tenant of the Premises or any part thereof. Tenant acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Landlord and Landlord’s agents, servants and employees. If Landlord shall be made a party to any action commenced by or against Tenant, Tenant shall protect and hold Landlord harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Landlord in connection therewith. Unless arising solely from or out of Tenant’s gross negligence or willful wrongdoing, Tenant shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Complex (excluding the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Tenant and Tenant’s agents, servants and employees. If Tenant shall be made a party to any action commenced by or against Landlord, Landlord shall protect and hold Tenant harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Tenant in connection therewith.
Appears in 2 contracts
Samples: Lease Agreement (Elevate Credit, Inc.), Lease Agreement (Elevate Credit, Inc.)
Indemnity, Liability and Loss or Damage. Landlord Lessor and Lessee shall not be liable or responsible for any loss or damage to Tenant any property or Tenant’s person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or any other matter beyond the control of either party or for any damage or inconvenience which may arise through repair or alteration of any part of the building, or failure to make such repairs, or from bursting or leaking of water or steam pipes, or from any other cause whatsoever beyond either Lessor's or Lessee's reasonable control, unless arising from the willful misconduct or omission of Lessor. In addition, neither party shall be liable to the other or the other's agents, employees, guests, invitees or to any other person claiming by, through or under Tenant Lessee or Lessor for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s their business, occasioned by or through the acts or omissions of LandlordLessor or Lessee or any other person, or by any other cause whatsoever except for any thereof arising whatsoever, unless caused solely from or out of Landlord’s by either party's gross negligence or willful wrongdoingmisconduct. Unless arising solely from or out of Landlord’s gross negligence or willful wrongdoing, Landlord shall not be liable forBoth Lessor and Lessee shall, and Tenant shall hereby agree to, indemnify Landlord the other party, and save it harmless from, from all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Demised Premises or the occupancy or use by Tenant the parties of the Demised Premises or any part thereof, if occasioned fully or in part by any action or omission of the other party, its agents, guests, employees, contractors, invitees or licensees. Tenant acknowledges and agrees that its indemnity obligations hereunder cover and relate toIf either Lessee or Lessor shall, without limitationfault on their part, any negligent action and/or omission (whether joint, comparative or concurrent) of Landlord and Landlord’s agents, servants and employees. If Landlord shall be made a party to any action commenced by or against Tenantthe other party, Tenant the Lessee or Lessor shall protect and hold Landlord the other harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Landlord in connection therewith's fees. Unless arising solely from or out of Tenant’s gross negligence or willful wrongdoingNotwithstanding Lessor's obligations hereunder, Tenant Lessee shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out bear the sole risk of any occurrence inloss of, uponor damage to, at any personal property (including but not limited to, any furniture, machinery, equipment, goods or supplies) of Lessee or which Lessee may have on or in the Demised Premises, or any trade fixtures installed by or paid for by Lessee on or in the Demised Premises, or any additional improvements which Lessee may construct on or in the Demised Premises, unless such loss or damage results from the Complex (excluding the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or willful misconduct or omission (whether joint, comparative or concurrent) of Tenant and Tenant’s agents, servants and employees. If Tenant shall be made a party to any action commenced by or against Landlord, Landlord shall protect and hold Tenant harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Tenant in connection therewithLessor.
Appears in 1 contract
Indemnity, Liability and Loss or Damage. 8. By moving into the Premises or taking possession thereof, Tenant accepts the Premises as suitable for the purpose for which the same are leased and accepts the Project and each and every appurtenance thereof, and Tenant by said acts waives any and all defects therein. Landlord shall not be liable to Tenant or Tenant’s 's officers, agents, employees, contractors, guests, invitees invitees, licensees or to any person claiming by, through or under Tenant for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s 's business, occasioned by or through the acts or omissions of LandlordLandlord or any other person, or by any other cause whatsoever except for any thereof arising solely from or out of Landlord’s 's gross negligence or willful wrongdoing. Unless arising solely wrong to the extent Landlord is not prevented by law from or out of Landlord’s gross negligence or willful wrongdoingcontracting against such liability, Landlord shall not be liable for, and Tenant shall indemnify Landlord and save it harmless from, from all suits, actions, damages, judgements, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Premises Project or the occupancy or use thereof by Tenant of the Premises Tenant, its officers, agents, contractors, employees, servants, invitees, licensees or any part thereof. Tenant acknowledges and agrees that its indemnity obligations hereunder cover and relate toother person claiming by, without limitation, any negligent action and/or omission (whether joint, comparative through or concurrent) of Landlord and Landlord’s agents, servants and employeesunder Tenant. If Landlord shall without fault on its part, be made a party to any action commenced by or against Tenant, Tenant shall protect indemnify, defend and hold Landlord harmless therefrom and on demand shall pay all costsfrom any ????, expensesexpense, and reasonable attorney’s fees incurred by Landlord in connection therewith. Unless claims or actions arising solely from or out of Tenant’s gross negligence or willful wrongdoing, Tenant shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from of the Complex foregoing (excluding the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees that its indemnity obligations hereunder cover and relate toincluding, without limitation, any negligent action and/or omission (whether joint, comparative court costs and attorney's fees). The provisions of this Paragraph "8" shall survive the expiration or concurrent) earlier termination of Tenant and Tenant’s agents, servants and employees. If Tenant shall be made a party this Lease with respect to any action commenced by claims or against Landlord, Landlord shall protect and hold Tenant harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Tenant in connection therewith.liability occurring prior thereto. BUILDING RULES AND REGULATIONS
Appears in 1 contract
Samples: Lease Agreement (Medibuy Com Inc)
Indemnity, Liability and Loss or Damage. By moving into the premises or taking possession thereof, Tenant accepts the Premises as suitable for the purpose for which the same are leased and accepts the Building and each and every appurtenance thereof, and subject to the obligations of Landlord set forth in this Lease with respect to maintenance and repair of the Building, Tenant by said acts waives any and all defects therein. Landlord shall not be liable to Tenant or Tenant’s 's agents, employees, guests, invitees or to any person claiming by, through or under Tenant for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s 's business, occasioned by or through the acts or omissions omission of LandlordLandlord or any other person, or by any other cause whatsoever except for any thereof arising solely from or out of Landlord’s 's gross negligence or willful wrongdoingwrong, to the extent Landlord is not prevented by law from contracting against such liability. Unless arising solely from or out of Landlord’s gross negligence or willful wrongdoing, Landlord shall not be liable for, and Tenant shall indemnify Landlord and save it harmless from, from all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Premises or the occupancy or use by Tenant of the Premises or any part thereof. Tenant acknowledges and agrees that , or occasioned wholly or in part by any action or omission of Tenant, its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Landlord and Landlord’s agents, servants and contractors, employees, servants, invitees, or visitors. If Landlord shall shall, without fault on its part, be made a party to any action commenced by or against Tenant, the Tenant shall protect and hold Landlord harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Landlord in connection therewith. Unless arising solely from or out of Tenant’s gross negligence or willful wrongdoing, Tenant shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Complex (excluding the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Tenant and Tenant’s agents, servants and employees. If Tenant shall be made a party to any action commenced by or against Landlord, Landlord shall protect and hold Tenant harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Tenant in connection therewith's fees.
Appears in 1 contract
Samples: Office Building Lease
Indemnity, Liability and Loss or Damage. By moving into the Premises or taking possession thereof, Tenant accepts the Premises as suitable for the purposes for which they are leased and accepts the Building and each and every appurtenance thereof, and waives any and all defects therein (with the exception of latent defects). Landlord shall not be liable to Tenant or Tenant’s 's agents, employees, guests, invitees or any person claiming by, through or under Tenant for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s 's business, occasioned by or through the acts or omissions of Landlord, or by any cause whatsoever except for any thereof arising solely from or out of Landlord’s 's gross negligence or willful wrongdoing. Unless arising solely from or out of Landlord’s 's gross negligence or willful wrongdoing, Landlord shall not be liable for, and Tenant shall indemnify Landlord and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Premises or the occupancy or use by Tenant of the Premises or any part thereof. Tenant acknowledges and agrees that , or occasioned wholly or in part by any action or omission of Tenant, its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Landlord and Landlord’s agents, servants and contractors, employees, invitees, or licensees. If Landlord shall shall, without fault on its part, be made a party to any action commenced by or against Tenant, Tenant shall protect and hold Landlord harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s 's fees to Landlord incurred by Landlord in connection therewith. Tenant shall not be liable to Landlord or Landlord’s agents, employees, guests, invitees or any person claiming by, through or under Landlord for any injury to person, loss of or damage to property, or for loss of or damage to Landlord's business, occasioned by or through the acts or omissions of Tenant, or by any cause whatsoever except Tenant's negligence or willful wrongdoing. Unless arising solely from or out of Tenant’s gross negligence or willful wrongdoing, Tenant shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Complex (excluding Premises or the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENToccupancy or use by Landlord of the Premises or any part thereof, MARKED BY BRACKETSor occasioned wholly or in part by any action or omission of Landlord, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Tenant and Tenant’s agents, servants and contractors, employees, invitees, or licensees. If Tenant shall shall, without fault on its part, be made a party to any action commenced by or against Landlord, Landlord shall protect and hold Tenant harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s 's fees to Tenant incurred by Tenant in connection therewith.
Appears in 1 contract
Indemnity, Liability and Loss or Damage. By moving into the Premises or taking possession thereof. Tenant accepts the Premises as suitable for the purposes for which they are leased and accepts the Building and each and every appartenance thereof, and waives any and all defects therein with the exception of latent defects). Landlord shall not be liable to Tenant or Tenant’s 's agents, employees, guests, invitees or any person claiming by, through or under Tenant for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s 's business, occasioned by or through the acts or omissions of Landlord, or by any cause whatsoever except for any thereof Landlord's gross negligence or willful wrong. Unless arising solely from or out of Landlord’s gross negligence or willful wrongdoing. Unless arising solely from or out of Landlord’s 's gross negligence or willful wrongdoing, Landlord shall not be liable for, and Tenant shall indemnify Landlord and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Premises or the occupancy or use by Tenant of the Premises or any part thereof. Tenant acknowledges and agrees that , or occasioned wholly or in part by any action or omission of Tenant, its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Landlord and Landlord’s agents, servants and contractors, employees, invitees, or licensees. If Landlord shall shall, without fault on its part, be made a party to any action commenced by or against Tenant, Tenant shall protect and hold Landlord harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s 's fees to Landlord incurred by Landlord in connection therewith. Unless arising solely from or out of Tenant’s gross negligence or willful wrongdoing, Tenant shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Complex (excluding the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Tenant and Tenant’s agents, servants and employees. If Tenant shall be made a party to any action commenced by or against Landlord, Landlord shall protect and hold Tenant harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Tenant in connection therewith.
Appears in 1 contract
Samples: Lease Agreement (Viewlocity Inc)
Indemnity, Liability and Loss or Damage. By moving into the Premises --------------------------------------- or taking possession thereof, Tenant accepts the Premises as suitable for the purposes for which they are leased and accepts the Building and each and every appurtenance thereof, and waives any and all defects therein (with the exception of latent defects of which Tenant gives Landlord written notice within one year after the Commencement Date). Neither Landlord nor Property Manager shall not be liable to Tenant or Tenant’s 's agents, employees, guests, invitees or any person claiming by, through or under Tenant for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s 's business, occasioned by or through the acts or omissions of LandlordLandlord and/or Property Manager, or by any cause whatsoever except Landlord's and/or Property Manager's negligence or such party's intentional act or omission (with the term "omission," for any thereof purposes of this Paragraph 16, not being deemed to include Landlord's or Property Manager's failure to prevent Tenant or Tenant's employees, agents, contractors or invitees, from performing a negligent or willful act). Unless arising solely from or out of Landlord’s gross 's and/or Property Manager's negligence or willful wrongdoing. Unless arising solely from such party's intentional act or out of Landlord’s gross negligence or willful wrongdoingomission, neither Landlord nor Property Manager shall not be liable for, and Tenant shall indemnify both Landlord and Property Manager and save it them harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Premises or the occupancy or use by Tenant of the Premises or any part thereof, or occasioned wholly or in part by any action or omission of Tenant, its agents, contractors, employees, invitees, or licensees. Tenant acknowledges and agrees that its indemnity obligations hereunder cover and relate toIf either Landlord or Property Manager, or both, shall, without limitationany negligence or any intentional act or omission on its or their part, any negligent action and/or omission (whether joint, comparative or concurrent) of Landlord and Landlord’s agents, servants and employees. If Landlord shall be made a party to any action commenced by or against Tenant, Tenant shall protect and hold harmless from loss whichever of Landlord harmless therefrom and/or Property Manager may be made a party and on demand shall pay all costs, expenses, and reasonable attorney’s 's fees to Landlord and/or Property Manager incurred by Landlord in connection therewith. Unless arising solely from or out of Tenant’s gross negligence or willful wrongdoing, Tenant shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Complex (excluding the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Tenant and Tenant’s agents, servants and employees. If Tenant shall be made a party to any action commenced by or against Landlord, Landlord shall protect and hold Tenant harmless therefrom and on demand shall pay all costs, expenses, and reasonable attorney’s fees incurred by Tenant in connection therewith.
Appears in 1 contract
Samples: Lease Agreement (Entrust Inc)
Indemnity, Liability and Loss or Damage. Landlord shall not be liable to Tenant or Tenant’s 's agents, employees, guests, invitees invitees, or to any person claiming by, through or under Tenant for any injury to person, loss of or damage to property, or for loss of or damage to Tenant’s business, occasioned by or through the acts or omissions of LandlordLandlord or any other person, or by any other cause whatsoever except for any thereof arising solely from or out of Landlord’s 's gross negligence or willful wrongdoingmisconduct. Unless arising solely To the extent Landlord is not prevented by law from or out of Landlord’s gross negligence or willful wrongdoingcontracting against such liability, Landlord shall not be liable for, and Tenant shall indemnify Landlord Landlord, its principals, partners, members, agents, beneficiaries, and employees and save it them harmless from, from all suits, actions, damages, liability liabilities, and expense in connection with expenses relating to the loss of life, bodily or personal injury injury, or property damage arising from or out of any occurrence in, upon, at at, or from the Premises (unless caused by the sole active negligence or the willful misconduct of Landlord, its employees or agents) or Tenant's use and occupancy or use by Tenant of the Premises or any part thereof. Tenant acknowledges and agrees that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Landlord and Landlord’s agents, servants and employees. If Landlord shall shall, without fault on its part, be made a party to any action commenced by or against Tenant, Tenant shall protect and hold Landlord harmless therefrom and on demand shall pay all costsof Landlord's costs and expenses associated therewith, expensesincluding, without limitations, reasonable attorney's fees. If the Building shall be so damaged by fire or other casualty that, in Landlord's reasonable judgment, substantial alteration or reconstruction of the Building shall be required, or if the Premises has been damaged, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within thirty (30) days after the date of such casualty. Such termination shall be effective (i) as of the date of fire or casualty with respect to any portion of the Premises that was rendered untenantable, and reasonable attorney’s fees incurred by Landlord (ii) as of the effective date of termination specified in connection therewith. Unless arising solely from or out Landlord's notice with respect to any portion of Tenant’s gross negligence or willful wrongdoing, Tenant shall not be liable for, and Landlord shall indemnify Tenant and save it harmless from, all suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injury or property damage arising from or out of any occurrence in, upon, at or from the Complex (excluding the Premises). [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord acknowledges and agrees Premises that its indemnity obligations hereunder cover and relate to, without limitation, any negligent action and/or omission (whether joint, comparative or concurrent) of Tenant and Tenant’s agents, servants and employeesremain tenantable. If Tenant shall be made a party to any action commenced this Lease is not so terminated by or against Landlord, Landlord shall protect proceed with reasonable diligence to restore the Premises and hold Tenant harmless therefrom and on demand shall pay all costs, expensesthe Building, and reasonable attorney’s fees incurred by Tenant in connection therewithshall receive an appropriate diminution of Rent for that portion of the Premises which is untenantable.
Appears in 1 contract
Samples: Storage Space Lease Agreement (Piper Jaffray Companies)