Indemnity of Lessee. Unless caused by Lessee’s gross negligence or willful act or omission, Lessor shall Indemnify Lessee and its Affiliates and all of their respective directors, officers, employees, agents and representatives from and against any and all claims, actions, proceedings, costs, damages, and liabilities, including, without limitation, reasonable attorney’s fees, court and arbitration costs, and costs of investigation (whether pre-hearing, during hearing, or upon appeal) arising out of, connected with, or resulting, directly or indirectly, from the enforcement of this Lease and any breach of Lessor of a warranty outlined in Section 24.
Indemnity of Lessee. Subject to the liability limits for public bodies stated in the Oregon Tort Claims Act, ORS 30.260 to 30.300, Lessor shall defend, indemnify and hold harmless Lessee, and Xxxxxx’s officers, directors and employees, from any and all claims for liability for any damage to any property or injury, illness, or death of any person occurring in or on the Premises when such damage, injury, illness or death shall be caused by the negligence, gross negligence or intentional misconduct of Lessor, its agents, servants or employees.
Indemnity of Lessee. Lessor shall indemnify, defend and hold Lessee harmless from all claims, losses, damages, liabilities and expenses (including attorneys’ fees) arising from or relating to (i) the negligence or willful misconduct of Lessor or Lessor’s employees, agents or representatives, or (ii) any condition on, of or affecting the Premises prior to the Effective Date.
Indemnity of Lessee. The Lessee shall indemnify and save harmless the Lessors from any and all loss and of and from any and all causes of action, claims, reckonings or accounts whatsoever relating to the work and business of the Lessee as set forth in this Lease, whether such claims be made by or caused by an governmental agency, Lessee, invitees of Lessee, Lessee's agents, servants or workmen, or any other person acting by or through Lessee.
Indemnity of Lessee. Xxxxxx agrees to and shall indemnify and hold harmless Lessee, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, arising in favor of Xxxxxx, Lessor’s agents and employees, Xxxxxx’s subcontractors and the employees and agents of Lessor’s subcontractors, including all expenses of litigation, court costs and attorney’s fees, for injury to or death of any person, or for damage to any property (other than Equipment), arising out of or in connection with the delivery, installation, operation, use, maintenance, repair, condition or removal of the Equipment. Such indemnity shall apply where the claims, losses, damages, causes of action, suits or liabilities arise in whole or in part from the negligence of Lessee. Lessor further agrees to and shall indemnify and hold harmless Lessee, its officers, agents and employees, from and against any and all claims, damages, causes of action, suits and liabilities of every kind, arising in favor of Lessor, Lessor’s employees and agents, Lessor's subcontractors and the employees and agents of Lessor’s subcontractors, including all expenses of litigation, court costs and attorney’s fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the defectiveness of the Equipment.
Indemnity of Lessee. To the extent allowed by the Utah Governmental Immunity Act, Lessor shall indemnify, defend, hold and save harmless Lessee and its employees, agents, occupants, subtenants and its visitors or the visitors of any subtenant, from and against any and all claims, liabilities, losses or damages on account of loss, injury, death or damage to such indemnified persons arising solely from or by reason of the negligence or willful misconduct of Lessor, its agents and employees.
Indemnity of Lessee. LESSEE shall and hereby does ------------------- indemnify LESSOR and hold LESSOR harmless from and against any and all expense, loss, and liability suffered by LESSOR (with the exception of those expenses, losses, and liabilities arising from LESSOR'S own negligence or willful act), by reason of LESSEE'S improper storage, generation, handling, treatment, transportation, disposal, or arrangement for transportation or disposal, of any Hazardous Substances (whether accidental, intentional, or negligent) or by reason of LESSEE'S breach of any warranty or of the provisions of this Article XVI. Such expenses, losses and liabilities shall include, without limitation, (i) any and all expenses that LESSOR may incur to comply with any Environmental Laws as a result of LESSEE'S failure to comply therewith; (ii) any and all costs that LESSOR may incur in studying or remedying any Contamination at or arising from the Premises to the extent such remedying is required by applicable law, (iii) any and all costs that LESSOR may incur in studying, removing, disposing or otherwise addressing any Hazardous Substances that LESSEE improperly stored, generated, handled, treated, transported or disposed of or failed to remove from the Premises to the extent the same is required by applicable law; (iv) any and all fines, penalties or other sanctions assessed upon LESSOR by reason of LESSEE'S failure to comply with Environmental Laws; and (v) any and all legal and professional fees and costs incurred by LESSOR in connection with the foregoing. The indemnity contained herein shall survive the termination or expiration of this Lease but only with regard to conditions or provisions which LESSEE is obligated by this Lease to prevent, correct, or comply with during the Term of this Lease and any extensions thereof.
Indemnity of Lessee. LESSOR agrees to and shall indemnify and hold harmless LESSEE, its officers, agents and employees, from and against any and all claims, losses, damages, cause of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the delivery, installation, operation, use, maintenance, repair, condition or removal of the equipment where the claims, losses, damages, causes of action, suits or liabilities arise in whole or in part from the sole or concurrent negligence of LESSOR, its employees or agents. LESSOR further agrees to and shall indemnify and hold harmless LESSEE, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with defectiveness of the equipment. The above indemnities apply except when and to the extent that such claims, losses, damages, causes of action, suits and liabilities of every kind, result from the negligence of LESSEE, its employees or agents.
Indemnity of Lessee. Except for Lessee's active negligence or willful misconduct, Lessor shall indemnify and hold harmless Lessee and its agents, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessor's use of the Office Building Project, or from the conduct of Lessor's business or from any activity, work or things done, permitted or suffered by Lessor in or about the Common Areas or elsewhere and shall further indemnify and hold harmless Lessee from and against any and all claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessor's part to be performed under the terms of this Lease, or arising from any act or omission of Lessor, or any of Lessor's agents, contractors, employees or invitees, and from and against all costs, attorneys fees, expenses and liabilities incurred by Lessee as the result of any such use, conduct, activity, work, things done, permitted or suffered, breach, default or negligence, and in dealing reasonably therewith, including but not limited to the defense or pursuit of any claim or any action or proceeding involved therein; and in case any action or proceeding be brought against Lessee by reason of any such matter, Lessor upon notice from Lessee shall defend the same at Lessor's expense by counsel reasonably satisfactory to Lessee and Lessee shall cooperate with Lessor in such defense. Lessee need not have first paid any such claim in order to be so indemnified. Lessor, as a material part of the consideration to Lessee, hereby assumes all risk of damage to property of Lessor or injury to persons, in, upon or about the Office Building Project (exclusive of the Premises) arising from any cause and Lessor hereby waives all claims in respect thereof against Lessee.
