Common use of Indemnity Clause in Contracts

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 14 contracts

Samples: Standard Industrial Lease (Micro Therapeutics Inc), Standard Industrial Lease (Organic Food Products Inc), Standard Industrial Lease (Jmar Industries Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 10 contracts

Samples: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Mission Community Bancorp), Standard Office Lease (Interpacket Networks Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor Lessor, its officers, directors, employees, agents or consultants from and against any and all claims arising from Lessee 's ’s use of the Premises, Premises or from the conduct of Lessee 's ’s business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee 's ’s part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, Lessee or any of Lessee 's ’s agents, contractors, contractors or employees, and from and against all costs, attorney 's ’s fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; thereon and in case any action or proceeding be brought against Lessor by reason of any such claim . Lessee, Lessee upon notice from Lessor Lessor, shall defend the same at Lessee 's ’s expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 9 contracts

Samples: Lease Agreement (Constar International Inc), Lease Agreement (Constar International Inc), Lease Agreement (Constar Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises Industrial Center, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Industrial Center arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor . See Addendum.

Appears in 7 contracts

Samples: Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees, invitees and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 4 contracts

Samples: Standard Office Lease (R2 Technology Inc), Standard Office Lease (White Pine Software Inc), Contemporaneous Agreement (Orthologic Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 4 contracts

Samples: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Nassda Corp), Standard Office Lease (Scheid Vineyards Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 4 contracts

Samples: Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp), Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp), Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp)

Indemnity. Lessee shall indemnify indemnify, defend and hold harmless Lessor and the Archdiocese of Portland in Oregon, their officers, employees and agents, from and against any and all claims claims, losses, liabilities, damages, costs, actions or expenses (including attorney fees) arising out of or related to any activity of Lessee on the premises or any condition of the premises in the possession of or under the control of Lessee, as well as those arising from Lessee 's use ’s failure to comply with any covenant of this lease. Lessor shall have no liability to Lessee for any loss or damage caused by third parties or by any condition of the Premises premises, or from except to the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend extent the same at Lessee's expense by counsel satisfactory is the result of Lessor’s own gross negligence or willful failure to Lessor. Lessee, as a material part effect any repair or maintenance which is the responsibility of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor Lessor under this lease.

Appears in 4 contracts

Samples: Ground Lease, Ground Lease, archdpdx.org

Indemnity. Lessee shall indemnify indemnify, defend and hold harmless Lessor from and against any and all claims arising from Lessee 's ’s use of the Premises, or from the conduct of Lessee 's ’s business or from any activity, work work, or things done, permitted permitted, or suffered by Lessee in or about the Premises or elsewhere elsewhere, and shall further indemnify indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee 's ’s part to be performed under the terms of this Lease, Lease or arising from any negligence of the Lessee, or any of the Lessee 's ’s agents, contractors, contractors or employees, and from and against all costs, attorney's attorneys’ fees, expenses expenses, and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor . Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon upon, or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor , except to the extent caused by the gross negligence or willful misconduct of the Lessor.

Appears in 4 contracts

Samples: HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises Industrial Center, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; , and in case any action or proceeding be brought against Lessor by reason of any such claim , . Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Industrial Center arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 3 contracts

Samples: Standard Industrial Lease (Cavco Industries Inc), Contract (Bikers Dream Inc), Mobility Electronics Inc

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim , . Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 3 contracts

Samples: Standard Industrial Lease (Primex Technologies Inc), Standard Industrial Lease (Valley Media Inc), Two Dog Net Inc

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by be reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes assume all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 3 contracts

Samples: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee 's ’s possession and use of the Premises, or from the conduct of Lessee 's ’s business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, employees and from and against all costs, attorney 's ’s fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 3 contracts

Samples: Local Matters Inc., Local Matters Inc., Local Matters Inc.

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee 's ’s use of the Premises, or from the conduct of Lessee 's ’s business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee 's ’s part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee 's ’s agents, contractors, or employees, and from and against all costs, attorney 's ’s fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 3 contracts

Samples: Standard Industrial Lease (Patriot Motorcycle Corp), Standard Industrial Lease (Focus Enhancements Inc), Standard Industrial Lease (Patriot Motorcycle Corp)

Indemnity. Lessee Tenant shall indemnify and hold Landlord harmless Lessor from and against any and all claims arising from Lessee's use of the Premises liability for any injury or damage to any person or property whatsoever occurring in, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in on or about the Premises or elsewhere and any part thereof during the term of this Lease. Tenant shall further indemnify and hold Landlord harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of the Lessee Tenant, or any of Lessee Tenant's agents, contractors, or employees, licensees or invitees and from and against all costs, reasonable attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; and in case any action or proceeding . Tenant shall not, however, be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of liable for damage to property or injury to persons, in, upon occasioned by the negligence or about intentional acts of Landlord and Landlord's designated agents or employees. Tenant's obligations under this Article XX shall survive the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor expiration or other termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Qcomm International Inc), Subordination Agreement (Idi Global Inc), Lease Agreement (Q Comm International Inc)

Indemnity. Lessee Tenant shall indemnify and hold harmless Lessor Landlord and its agents, Landlord’s master or ground Landlord, partners, members and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's Tenant’s use of the Premises Office Building Project, or from the conduct of Lessee's Tenant’s business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims claims, cost and expenses arising from any breach or default in the performance of any obligation on Lessee's Tenant’s part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee Tenant, or any of Lessee's Tenant’s agents, contractors, employees, or employees invitees, and from and against all costs, attorney 's ’s fees, expenses and liabilities incurred in by Landlord as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor Landlord by reason of any such claim matter, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee's Tenant’s expense by counsel reasonably satisfactory to Lessor Landlord and Landlord shall cooperate with Tenant in such defense. Lessee Landlord need not have first paid any such claim in order to be so indemnified. Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property of Tenant or injury to persons , in . In, upon or about the Premises Office Building Project arising from any cause and Lessee Tenant hereby waives all claims in respect thereof against Lessor Landlord.

Appears in 3 contracts

Samples: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as As a material part of the consideration to Lessor be rendered to Landlord, Tenant hereby assumes waives all risk of damage claims against Landlord for damages to goods, wares and merchandise, and all other personal property or injury to persons, in, upon or about the said Premises arising and for injuries to persons in or about said Premises, from any cause arising at any time, and Lessee hereby waives Tenant will hold Landlord exempt and harmless from any damage or injury to any person, or to the goods, ware and merchandise and all claims other personal property of any person, arising form the use of the Premises by Tenant, or from the failure of Tenant to keep the Premises in respect thereof against Lessor good condition and repair, as herein provided. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant, Tenant will indemnify and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Appears in 2 contracts

Samples: Waiver (8x8 Inc), Waiver (8x8 Inc)

Indemnity. Lessee Except to the extent arising out of the actions or inactions of Lessor, or Lessor’s employees, agents, representatives or invitees, Lessee, for itself, and for its representatives and successors and assigns, shall indemnify and hold harmless Lessor, its agents, representatives, officers, shareholders, directors, affiliated companies and employees, and its successors and assigns (any one hereafter defined as a “Lessor Indemnitee” and collectively as the "Lessor Indemnitees") from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's agents, contractors, employees, invitees or business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Indemnitees from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, including from any claim that Lessor’s act or omission gave rise to or caused Lessor to default on any current or future third party agreement for use of the Property, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against any Lessor Indemnitee by reason of any such claim, Lessee upon notice from such Lessor Indemnitee, shall defend the same at Lessee's expense by through counsel satisfactory to Lessor of its own selection and Lessor Indemnitee shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor any Lessor Indemnitee. The obligations of Lessee under this section shall survive the termination of this Lease as to any right of indemnity which shall have accrued prior to such termination. Lessee, for itself, and for its representatives and successors and assigns hereby expressly agrees to waive any provision of any workers’ compensation act or other similar law whereby Lessee could preclude its joinder by a Lessor Indemnity as an additional defendant, or avoid liability for damages, contribution or indemnity in any action at law, or otherwise where Lessee’s or its representative’s employee or employees, heirs, assigns or anyone otherwise entitled to receive damages by reason of injury or death brings an action at law against any Lessor Indemnitee. Lessee’s obligation to Lessor Indemnitees herein will not be limited by any limitation on the amount or type of damages, benefits or compensation payable by or for Lessee under any workers’ compensation acts, disability benefit acts, or other employee benefit acts on account of claims against any Lessor Indemnitee by an employee of Lessee or anyone employed directly or indirectly by Lessee or its representatives or anyone for whose acts Lessee may be liable. The obligations in this Section 7.4 are in addition to Lessee’s duty to provide insurance and will not be altered by any limitation on the amount or type of damages, compensation, or benefits payable by Lessee under any Workers’ Compensation Act or any other employee benefit act. Lessee’s obligations hereunder will not be limited to the extent of any insurance available to or provided by Lessee.

Appears in 2 contracts

Samples: Property Management Agreement (Howmet Aerospace Inc.), Property Management Agreement (Arconic Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify indemnity and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 2 contracts

Samples: Contemporaneous Agreement (Impac Mortgage Holdings Inc), International Aircraft Investors

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor’s master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee 's ’s use of the Premises Office Building Project, or from the conduct of Lessee 's ’s business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims costs and expenses arising from any breach or default in the performance of any obligation on Lessee 's ’s part to be performed under the terms of this Lease, Lease or arising from any negligence act or omission of the Lessee, Lessee or any of Lessee 's agents, contractors, ’s agents contractors employees or employees, invitees and from and against all costs, attorney 's ’s fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim, matter. Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense, Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor . Broker shall not be obligated to perform, or discharge, (nor) does Broker hereby undertake to perform or discharge, any obligation, duty or liability under this Lease or under or by reason of any assignment.

Appears in 2 contracts

Samples: Standard Office Lease (Notify Technology Corp), Standard Office Lease (Notify Technology Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor’s master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee 's ’s use of the Premises Office Building Project, or from the conduct of Lessee 's ’s business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee 's ’s part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee 's ’s agents, contractors, employees, or employees invitees, and from and against all costs, attorney 's ’s fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 2 contracts

Samples: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises Industrial Center, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; , and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from form Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor the Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Industrial Center arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 2 contracts

Samples: Standard Industrial Lease (Coyote Sports Inc), Standard Industrial Lease (Coyote Sports Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, Premises or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere elsewhere, and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, the Lease or arising from any negligence of the Lessee, Lessee or any of the Lessee's agents Agents, contractors, contractors or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; thereon and in case any action or proceeding be brought against Lessor by reason of any such claim . Lessee, Lessee upon written notice from Lessor Lessor, shall defend the same at Lessee's expense by with counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, persons in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 2 contracts

Samples: Intercell Corp, Intercell Corp

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by b Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor . .. Lessee, as a material part of the consideration to Lessor lessor, hereby assumes all risk of damage to property or injury to persons, in, persons in upon or about the Premises premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 2 contracts

Samples: Right of First Refusal (Viper Networks Inc), Right of First Refusal (Viper Networks Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; , and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee Lessee, upon notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or any injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 2 contracts

Samples: Industrial Lease (Golden West Brewing Company, Inc.), Industrial Lease (Golden West Brewing Company, Inc.)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim , . Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes Lessor shall indemnify and hold harmless Lessee from and against any and all risk of damage to property or injury to persons, in, upon or about the Premises claims arising from any cause 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 negligence of the Lessor, or any of Lessor's agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessee hereby waives all claims in respect thereof against by reason of any such claim. Lessor upon notice from Lessee shall defend the same at Lessor 's expense by counsel satisfactory to Lessee.

Appears in 2 contracts

Samples: Industrial Lease (Strategic Diagnostics Inc/De/), Industrial Lease (Strategic Diagnostics Inc/De/)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's Lessees use of the Premises, or from the conduct of Lessee's Lessees business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's of Lessees part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs cost, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any such action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause except for the negligent acts of Lessor, and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 2 contracts

Samples: Assignment of Lease Agreement (Progressive Training, Inc.), Lease (Advanced Media Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising out of any alleged defective or unsafe condition of the Premises and from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere unless due to the willful acts or gross negligence of Lessor, its employees, agents or contractors and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any willful acts or gross negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, persons in, upon upon, or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 2 contracts

Samples: Commercial Lease (Digital Domain Media Group, Inc.), Commercial Lease (Digital Domain)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all injury, expense, damages and claims arising from Lessee's use of the Premises Property, whether due to damage to the Property, claims for injury to the person or property of any other Lessee of the building (if applicable) or any other person rightfully in or about the Property, from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee or its agents, servants, employees, licensees, customers, or invitees in or about the Premises Property or elsewhere or consequent upon or arising from Lessee's failure to comply with applicable laws, statutes, ordinances or regulations, and Lessee shall further indemnify and hold harmless Lessor from and against any and all such claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the investigation, handling or defense of any such claim or any action or proceeding brought thereon in connection herewith by a third person or any governmental authority; and in case any action or proceeding be is brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, This indemnity shall not require payment as a material part of the consideration condition precedent to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor recovery.

Appears in 2 contracts

Samples: Sunbelt Automotive Group Inc, Sunbelt Automotive Group Inc

Indemnity. Lessee shall indemnify indemnify, defend and hold Lessor, his agents, assigns, employees and contractors, harmless Lessor from and against all damages arising out of any and all claims arising from Lessee's use of the Premises, damage to any person or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee property occurring in or about the Premises during the term of this Lease or elsewhere any extension thereof and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach the business of Lessee or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence its use and occupancy of the Lessee Premises, except that Lessor shall be liable to Lessee for damage resulting from the willful misconduct or any neglect of Lessee's agents, contractors, Lessor or employees, and his authorized representatives. Lessor shall hold Lessee harmless from and against all costs, attorney's fees, expenses and liabilities incurred in the defense liability arising out of any such claim or any action or proceeding brought thereon; damage. A party’s obligation under this paragraph to indemnify and in case any action or proceeding hold the other party harmless shall be brought against Lessor limited to the sum that exceeds the amount of insurance proceeds, if any, received by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor party being indemnified.

Appears in 2 contracts

Samples: Audentes Therapeutics, Inc., Audentes Therapeutics, Inc.

Indemnity. Lessee shall indemnify Tenant hereby indemnifies and hold holds Landlord harmless Lessor from --------- and against any and all claims arising from Lessee Tenant's use of the Premises, or from Premises for the conduct of Lessee's its business or from any activity, work or things other thing done, permitted or suffered by Lessee in Tenant on or about the Premises or elsewhere Project and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease, or arising from any act or omission of, or due to the negligence of of, the Lessee Tenant, or any officer, agent, employee, guest or invitee of Lessee's agents, contractors, or employees Tenant, and from and against all costs, attorney's fees, fees expenses and liabilities Liabilities incurred in the defense of or related to any such claim or any action or proceeding brought thereon ; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor . Lessee, Tenant as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property or injury to persons, persons including death in, upon or about the Premises arising from any cause Project except for such, damage or injury caused by Landlord's negligence, and Lessee Tenant hereby waives all claims in respect thereof against Lessor. Landlord. ARTICLE 8

Appears in 2 contracts

Samples: Ticketmaster Online Citysearch Inc, Citysearch Inc

Indemnity. Lessee Tenant shall indemnify and hold harmless Lessor Landlord against and from and against any and all claims arising from Lessee's Tenant’s use of the Premises, or from the conduct of Lessee's its business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claim arising from any breach or default in the performance of any obligation on Lessee's Tenant’s part to be performed under the terms of this Lease, or arising from any act, omission, or negligence of the Lessee Tenant, or any officer, agent, employee, guest or invitee of Lessee's agents, contractors, or employees Tenant, and from and against all costs, attorney's attorneys’ fees, expenses and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon ; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor . Lessee, as a material part of the consideration to Lessor, hereby Tenant assumes all risk of damage to property or injury to persons, persons in, upon or about the Premises arising Premises, from any cause and Lessee hereby other than Landlord’s negligence. Tenant waives all claims in with respect thereof against Lessor Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord shall indemnify and hold harmless Tenant against and from any and all claims arising from Landlord’s gross negligence or willful misconduct. Notwithstanding anything to the contrary contained in this lease, in no event (i) shall Tenant or Landlord be liable for punitive, speculative or consequential damages or (ii) shall Tenant be liable for compliance with laws regarding any condition existing at the Premises as of the date hereof (unless the need for such compliance is due to alterations made by Tenant).

Appears in 2 contracts

Samples: Nivalis Therapeutics, Inc., Nivalis Therapeutics, Inc.

Indemnity. Lessee Tenant shall indemnify and hold harmless Lessor Landlord from and against any and all claims arising from Lessee Tenant's use of the Demised Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Demised Premises or elsewhere and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee Tenant, or any of Lessee Tenant's agents, contractors, contractors or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor Landlord by reason of any such claim, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel satisfactory to Lessor Landlord. Lessee Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Demised Premises arising from any cause and Lessee Tenant hereby waives all claims in respect thereof against Lessor Landlord. However, Tenant does not indemnify Landlord against any liabilities caused by Landlord's gross negligence.

Appears in 2 contracts

Samples: Office Lease (Integrated Business Systems & Services Inc), Integrated Business Systems & Services Inc

Indemnity. Lessee Tenant shall indemnify and hold harmless Lessor Landlord from and against any and all claims arising from Lessee Tenant's use use, possession, maintenance or improvement of the Premises, or from the conduct of Lessee Tenant's business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee Tenant, or any of Lessee Tenant's agents, customers, contractors, employees, invitees, or employees any person in or about the Premises, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred insured in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor Landlord by reason of any such claim, Lessee Tenant, upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel satisfactory to Lessor expense. Lessee Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property or injury to persons, person in, upon or about the Premises arising from any cause and Lessee Tenant hereby waives all claims in respect thereof of any such damage or injury against Lessor Landlord except for any claims arising from Landlord's negligence or willful act.

Appears in 2 contracts

Samples: Agreement (Jevic Transportation Inc), Agreement (Jevic Transportation Inc)

Indemnity. Lessee Tenant shall indemnify and hold harmless Lessor Landlord from and against any and all injury, expense, damages and claims arising from Lessee Tenant's use of the Premises Property, whether due to damage to the Property, claims for injury to the person or property of any other tenant of the building (if applicable) or any other person rightfully in or about the Property, from the conduct of Lessee Tenant's business or from any activity, work or things done, permitted or suffered by Lessee Tenant or its agents, servants, employees, licensees, customers, or invitees in or about the Premises Property or elsewhere or consequent upon or arising from Tenant's failure to comply with applicable laws, statutes, ordinances or regulations, and Tenant shall further indemnify and hold harmless Lessor Landlord from and against any and all such claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the investigation, handling or defense of any such claim or any action or proceeding brought thereon in connection therewith by a third person or any governmental authority; and in case any action or proceeding be is brought against Lessor Landlord by reason of any such claim, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel satisfactory to Lessor Landlord. Lessee, This indemnity shall not require payment as a material part of the consideration condition precedent to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor recovery.

Appears in 2 contracts

Samples: Termination of Lease (Sonic Automotive Inc), Termination of Lease (Go2pharmacy Com Inc)

Indemnity. Lessee Tenant shall indemnify and hold harmless Lessor Landlord from and against any and all claims arising from Lessee Tenant's use of the Premises Gateway Plaza, or from the conduct of Lessee Tenant's business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding that may be brought against Lessor Landlord by reason of any such claim , Lessee . Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor Landlord and Landlord shall cooperate with Tenant in such defense. Lessee Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property of Tenant or injury to persons, in, upon upon, or about the Premises Gateway Plaza arising from any cause and Lessee Tenant hereby waives all claims in respect thereof against Lessor Landlord or arising from the negligence, acts or omissions to act of the Tenant, licensees, invitees, and from any and all costs. The foregoing indemnity provisions shall not apply to any damages, claims, expenses or limitations arising out of the gross negligence or intentional acts of Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Embassy Bancorp, Inc.), Lease Agreement (Embassy Bancorp, Inc.)

Indemnity. Lessee Tenant shall indemnify indemnify, defend and hold Landlord harmless Lessor from and against any and all claims arising from Lessee Tenant's use of the Premises, Premises or the Project (including Tenant's signage) or from the conduct of Lessee's its business or from any activity, work or things done, thing which may be permitted or suffered by Lessee Tenant in or about the Premises or elsewhere the Project and shall further indemnify indemnify, defend and hold Landlord harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease, Lease or arising from any negligence of the Lessee, Tenant or any of Lessee's its agents, contractors, employees or employees invitees, patrons, customers or members in or about the Project and from any and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; and , including negotiations in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor connection therewith. Lessee, as a material part of the consideration to Lessor, Tenant hereby assumes all risk of damage to property or injury to persons, in, upon persons in or about the Premises arising from any cause cause, and Lessee Tenant hereby waives all claims in respect thereof against Lessor Landlord, excepting where the damage is caused solely by the gross negligence or willful misconduct of Landlord.

Appears in 2 contracts

Samples: Alloy Online Inc, Stanford Microdevices Inc

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as As a material part of the consideration to Lessor be rendered to Landlord, Tenant hereby assumes waives all risk of damage claims against Landlord for damages to goods, wares and merchandise, and all other personal property or injury to persons, in, upon or about said Building, for injuries to persons in or about said Building, or for injuries or claims by Tenant’s agents or invitees in or about the Premises arising Project, from any cause arising at any time except due to the negligence or willful misconduct of Landlord, or Landlord’s breach of its obligations under this Lease, and Lessee hereby waives Tenant will hold Landlord exempt and harmless from any damage or injury to any person, or to the goods, wares and merchandise and all claims other personal property of any person, arising from the use of the Premises by Tenant, or from the failure of Tenant to keep the Building in respect thereof against Lessor good condition and repair, as herein provided. Further, in the event Landlord is made party to any litigation due to the acts or omissions of Tenant covered by this indemnity, Tenant will indemnify and hold Landlord harmless from any such claim or liability including Landlord’s costs and expenses and reasonable attorney’s fees incurred in defending such claims.

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as As a material part of the consideration to Lessor be rendered to Landlord, Tenant hereby assumes waives all risk of damage claims against Landlord for damages to goods, wares and merchandise, and all other personal property or injury to persons, in, upon or about the said Premises arising and for injuries to persons in or about said Premises, from any cause arising at any time except due to the negligence or willful misconduct of Landlord, and Lessee hereby waives Tenant will hold Landlord exempt and harmless from any damage or injury to any person, or to the goods, wares and merchandise and all claims other personal property of any person, arising from the use of the Premises by Tenant, or from the failure of Tenant to keep the Premises in respect thereof against Lessor good condition and repair, as herein provided. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant, Tenant will indemnify and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims. Tenant shall have the right to approve the selection of Landlord's attorneys and the attorney's fee schedule prior to the engagement by Landlord of any attorneys pursuant to this paragraph 19.

Appears in 1 contract

Samples: Sublease (Concentric Network Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as As a material part of the consideration to Lessor be rendered to Landlord, Tenant hereby assumes waives all risk of damage claims against Landlord for damages to goods, wares and merchandise, and all other personal property or injury to persons, in, upon or about the said Premises arising and for injuries to persons in or about said Premises, from any cause arising at any time, and Lessee hereby waives Tenant will hold Landlord exempt and harmless from any damage or injury to any person, or to the goods, wares and merchandise and all claims other personal property of any person, arising from the use of the Premises by Tenant, or from the failure of Tenant to keep the Premises in respect thereof against Lessor good condition and repair, as herein provided, except for Landlord's proven negligence. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant, Tenant will indemnify and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims. This paragraph shall not apply to an injury or damage to person or property arising out of any construction defect.

Appears in 1 contract

Samples: Hadco Corp

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as As a material part of the consideration to Lessor be rendered to Landlord, Tenant hereby assumes waives all risk of damage claims against Landlord for damages to goods, wares and merchandise, and all other personal property or injury to persons, in, upon or about the said Premises arising and for injuries to persons in or about said Premises, from any cause arising from Tenant's or Tenant's agents, employees, or Invitees use of the Premises, and Lessee hereby waives Tenant will hold Landlord harmless from any damage or injury to any person, or to the goods, wares and merchandise and all claims other personal property of any person, arising from the use of the Premises by Tenant, or from the failure of Tenant to keep the Premises in respect thereof against Lessor good condition and repair, as herein provided. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant, Tenant will indemnify and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims, to the extent that Landlord is not contributorily negligent. Landlord will hold Tenant harmless from any damage or injury to any person, or to the goods, wares and merchandise and all other personal property of any person, arising from the use of the Premises by Landlord or from Landlord's failure to keep the Premises in good condition and repair, as herein provided. Further, in the event Tenant is made party to any litigation due to the acts or omission of Landlord, Landlord will indemnify and hold Tenant harmless from any such claim or liability including Tenant's costs and expenses and reasonable attorney's fees incurred in defending such claims, to the extent that Tenant is not contributorily negligent.

Appears in 1 contract

Samples: Lease (Visx Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as As a material part of the consideration to Lessor be rendered to Landlord, Tenant hereby assumes waives all risk of damage claims against Landlord for damages to goods, wares- and merchandise, and all other personal property or injury to persons, in, upon or about said Building, for injuries to persons in or about said Building, or for injuries or claims by Tenant's agents or invitees in or about the Premises arising Project, from any cause arising at any time except due to the negligence or willful misconduct of Landlord, and Lessee hereby waives Tenant will hold Landlord exempt and harmless from any damage or injury to any person, or to the goods, wares and merchandise and all claims other personal property of any person, arising from the use of the Premises by Tenant, or from the failure of Tenant to keep the Building in respect thereof against Lessor good condition and repair, as herein provided. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant, Tenant will indemnify and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

Indemnity. Except as may be otherwise set forth in Section 4.5 above, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere Premises, and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, agents or contractors, or employees arising from any action, damage or injury, however occurring, on the Premises, or and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense with counsel reasonably approved by counsel satisfactory to Lessor. Lessee Notwithstanding the foregoing, as a material part Lessee shall not be obligated to indemnify and hold Lessor harmless to the extent any claims arise out of Lessor's own negligence or willful misconduct. Lessor agrees to indemnify, defend and hold harmless Lessee against any claims or costs, including reasonable attorney's fees, arising from Lessor's negligence or willful misconduct during the consideration term of this Lease or from such acts or conduct of any employee, agent or contractor of Lessor; provided, however, Lessor's negligence and willful misconduct shall not include negligence or misconduct imputed to Lessor, hereby assumes all risk Lessor on account of damage to property or injury to persons, in, upon any condition in or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor unless caused by the affirmative act of Lessor or its employees or its agents (which for purposes hereof shall not include Lessee).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Icon Health & Fitness Inc)

Indemnity. Lessee Except as otherwise provided herein, Tenant shall indemnify indemnify, defend and hold harmless Lessor Landlord from and against any and all third-party claims arising from Lessee Tenant's use or occupancy of the Premises, Premises or from the conduct of Lessee Tenant's business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease performed, or arising from any negligence of the Lessee Tenant, or any of Lessee Tenant's agents, contractors, or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such third-party claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor Landlord by reason of any such third-party claim . Tenant, Lessee upon on notice from Lessor Landlord, shall defend the same at Lessee Tenant's expense by counsel satisfactory to Lessor expense. Lessee Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes as between Tenant and Landlord all risk of damage to property or injury to persons, in, upon on or about the Premises arising from any cause and Lessee Tenant hereby waives all claims in respect thereof against Lessor Landlord.

Appears in 1 contract

Samples: WMS Industries Inc /De/

Indemnity. Except as otherwise set forth herein, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, contractors or employees, employees and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; , and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor expense.

Appears in 1 contract

Samples: United Auto Group Inc

Indemnity. Lessee Except as to Landlord’s negligent or willful acts or omissions, Tenant shall indemnify and hold Landlord harmless Lessor from and against any and all claims of liability for any injury or damage to any person or property arising from Lessee's Tenant’s use of the Premises, or from the conduct of Lessee's business Tenant’s business, or from any activity, work or things thing done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere and elsewhere, except that Landlord shall be liable to Tenant for damage resulting from the negligent acts or omissions and/or willful misconduct of Landlord or their authorized representatives. Tenant shall further indemnify and hold Landlord harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's Tenant’s part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, Tenant or any of Lessee's Tenant’s agents, contractors, contractors or employees, and from and against all costs, attorney 's ’s fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; and in case . In the event any action or proceeding be is brought against Lessor Landlord by reason of any such claim, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor Tenant’s expense.

Appears in 1 contract

Samples: Copart Inc

Indemnity. Except for any claims which may arise from Lessor's negligence, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work work, or things done, permitted permitted, or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses expenses, and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be is brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor . Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor .

Appears in 1 contract

Samples: Lease (Pacific Crest Capital Inc)

Indemnity. Lessee Except for loss proven to arise from Landlord's active negligence or intentional acts, Tenant shall indemnify and hold harmless Lessor Landlord from and against any and all claims arising from Lessee Tenant's use of the Premises, or from the conduct of Lessee Tenant's business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee Tenant, or any of Lessee Tenant's agents, contractors, or employees, and from and against all costs, attorney's attorneys, fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor Landlord by reason of any such claim, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor Landlord. Lessee Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee Tenant hereby waives all claims in respect thereof against Lessor Landlord.

Appears in 1 contract

Samples: Lease (Real Goods Trading Corp)

Indemnity. Lessee Except for loss proven to arise from Landlord’s active negligence or intentional acts, Tenant shall indemnify and hold harmless Lessor Landlord from and against any and all claims arising from Lessee's Tenant’s use of the Premises, or from the conduct of Lessee's Tenant’s business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's Tenant’s part to be performed under the terms of this Lease, or arising from any negligence of the Lessee Tenant, or any of Lessee's Tenant’s agents, contractors, or employees, and from and against all costs, attorney's attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor Landlord by reason of any such claim, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee's Tenant’s expense by counsel reasonably satisfactory to Lessor Landlord. Lessee Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee Tenant hereby waives all claims in respect thereof against Lessor Landlord.

Appears in 1 contract

Samples: Vu1 CORP

Indemnity. Lessee Except for losses, damages and claims arising out of the acts or omissions of Landlord or Landlord's agents, contractors and employees, Tenant shall indemnify and hold harmless Lessor Landlord from and against any and all claims arising from Lessee Tenant's use of the Premises, or from the conduct of Lessee Tenant's business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation obligations on Lessee Tenant's part to be performed under the terms of this (his Lease, or arising from any negligence of the Lessee Tenant, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor Landlord by reason of any such claim, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel satisfactory to Lessor expense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor. 8

Appears in 1 contract

Samples: Nd Agreement (FNB Financial Services Corp)

Indemnity. Except for matters covered by Lessor's indemnity under Section 52 hereof, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, Lessee or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; , and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel satisfactory to Lessor . Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor .

Appears in 1 contract

Samples: CFP Holdings Inc

Indemnity. Except for situations involving the negligent or willful misconduct by Lessor or its agents, Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees, invitees and from and against all costs, attorney's attorneys fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor . Notwithstanding anything herein to the contrary, Lessee shall have no obligation to indemnify, defend, or hold harmless Lessor or anyone else with respect to Hazardous Materials that were on, in, or under the Premises when Lessee took possession thereof.

Appears in 1 contract

Samples: Contemporaneous Agreement (Talarian Corp)

Indemnity. Lessee Except to the extent arising out of the actions or inactions of Lessor, or Lessor’s employees, agents, representatives or invitees, Lessee, for itself, and for its representatives and successors and assigns, shall indemnify and hold harmless Lessor, its agents, representatives, officers, shareholders, directors, affiliated companies and employees, and its successors and assigns (any one hereafter defined as a “Lessor Indemnitee” and collectively as the "Lessor Indemnitees") from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's agents, contractors, employees, invitees or business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor Indemnitees from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, including from any claim that Lessor’s act or omission gave rise to or caused Lessor to default on any current or future third party agreement for use of the Property, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against any Lessor Indemnitee by reason of any such claim, Lessee upon notice from such Lessor Indemnitee, shall defend the same at Lessee's expense by through counsel satisfactory to Lessor of its own selection and Lessor Indemnitee shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor any Lessor Indemnitee. The obligations of Lessee under this section shall survive the termination of this Lease as to any right of indemnity which shall have accrued prior to such termination. Lessee, for itself, and for its representatives and successors and assigns hereby expressly agrees to waive any provision of any workers’ compensation act or other similar law whereby Lessee could preclude its joinder by a Lessor Indemnity as an additional defendant, or avoid liability for damages, contribution or indemnity in any action at law, or otherwise where Lessee’s or its representative’s employee or employees, heirs, assigns or anyone otherwise entitled to receive damages by reason of injury or death brings an action at law against any Lessor Indemnitee. Lessee’s obligation to Lessor Indemnitees herein will not be limited by any limitation on the amount or type of damages, benefits or compensation payable by or for Lessee under any workers’ compensation acts, disability benefit acts, or other employee benefit acts on account of claims against any Lessor Indemnitee by an employee of Lessee or anyone employed directly or indirectly by Lessee or its representatives or anyone for whose acts Lessee may be liable. The obligations in this Section 7.4 are in addition to Lessee’s duty to provide insurance and will not be altered by any limitation on the amount or type of damages, compensation, or benefits payable by Lessee under any Workers’ Compensation Act or any other employee benefit act. Lessee’sobligations hereunder will not be limited to the extent of any insurance available to or provided by Lessee.

Appears in 1 contract

Samples: Property Management Agreement (Arconic Rolled Products Corp)

Indemnity. Lessee Except to the extent caused by the negligence of Landlord or its agents, Tenant shall indemnify and hold harmless Lessor Landlord from and against any and all claims arising from Lessee Tenant's use of the Premises, or from the conduct of Lessee Tenant's business or from any activity, work or things done, permitted or suffered by Lessee Tenant in or about the Premises or elsewhere elsewhere, and shall further indemnify and hold harmless Lessor Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee Tenant's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee Tenant, or any of Lessee Tenant's agents, contractors, or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor Landlord by reason of any such claim, Lessee Tenant, upon notice from Lessor Landlord, shall defend the same at Lessee Tenant's expense by counsel satisfactory to Lessor Landlord. Lessee Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause cause, and Lessee Tenant hereby waives all claims in respect thereof against Lessor Landlord, except for damage or injury arising or resulting from the negligence of Landlord or its agents.

Appears in 1 contract

Samples: Standard Industrial Lease (Nexar Technologies Inc)

Indemnity. Except to the extent caused by the negligence or willful misconduct of Lessor, its contractors, agents, representatives or employees, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising out of any alleged defective or unsafe condition of the Premises and from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or r arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor. Except to the extent caused by the negligence or willful misconduct of Lessor, its contractors, agents, representatives or employees (in which case Lessor shall indemnify and hold harmless Lessee from and against claims for damage to property or injury to persons in or about the Premises), Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, persons in, upon upon, or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Sonic Foundry Inc)

Indemnity. Lessee shall From and after the Lease Commencement Date, Tenant agrees to defend, indemnify and hold save harmless Lessor Landlord against and from and against any and all claims claims, demands, actions, damages, liability and expense in connection with or for loss of or damage to property or injury or death to any person from any cause whatsoever while in, upon or about the Leased Premises, or from any such claim, demand or the like arising from Lessee or out of any occurrence in, upon or at the Leased Premises, by or on behalf of any person, firm or corporation arising from Tenant's use of the Premises, Leased Premises or from the conduct of Lessee's its business or from any activity, work work, or things thing done, permitted or suffered by Lessee Tenant, in or about the Premises or elsewhere Leased Premises, and Tenant shall further defend, indemnify and hold save Landlord harmless Lessor against and from and against any and all claims arising from any breach or default (defined in Subparagraph 11.1 below) on Tenant's part in the performance of any obligation covenant or agreement on Lessee Tenant's part to be performed under performed, pursuant to the terms of this Lease, or arising from any act or negligence of the Lessee Tenant, or any of Lessee's its agents, contractors, servants, employees or employees licensees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in the defense of or arising from any such claim or any action or proceeding brought thereon; and in case any action or proceeding be is brought against Lessor Landlord by reason of any such claim, Lessee Tenant upon notice from Lessor shall Landlord covenants to resist or defend the same at Lessee Tenant's expense such action or proceeding by counsel reasonably satisfactory to Lessor Landlord. Lessee Tenant, as a material part of the consideration to Lessor Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising Leased Premises, the Building or the Project from any cause source and Lessee to whomever belonging, and Tenant hereby waives all claims in respect thereof against Lessor Landlord, except to the extent such damage is caused by Landlord's grossnegligence or willful misconduct. The foregoing waiver shall inure only to the benefit of Landlord and its agents, and the exception to such waiver for Landlord's negligence or willful misconduct shall inure only to the benefit of Tenant and its agents and to no other party.

Appears in 1 contract

Samples: American River Bankshares

Indemnity. Lessee Lesee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee 's ’s use of the Premises, or from the conduct of Lessee 's ’s business or from any activity, work or things done, permitted or suffered by Lessee in on or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation nay obligations on Lessee 's ’s part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, Lessee or any of Lessee 's ’s agents, contractors, contractors or employees, employees and from and against all costs cost, attorney 's ’s fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; thereon and in case any action or proceeding be brought against Lessor by reason of any such claim , . Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons person, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Industrial Lease (Auto Underwriters of America, Inc.)

Indemnity. Lessee shall agrees to comply with all laws, regulations and orders relating to the possession, operation, and use of the Equipment and assumes all risks and liabilities arising from or pertaining to the possession, operation or use of the Equipment. Lessee does hereby agree to indemnify and keep indemnified and hold safe and harmless the Lessor from and covenants and undertakes to defend Lessor against any and all claims claims, costs, expenses, damages and liabilities whether civil or criminal, of any nature whatsoever, arising from Lessee's use or pertaining to the use, possession, operation or transportation of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's Equipment. Any fees, expenses and liabilities incurred in the defense taxes or other lawful charges paid by Lessor upon failure of any Lessee to make such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any payments, shall become immediately due from Lessee to make such claim payments, shall become immediately due from Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee Lessee further covenants and undertakes to indemnify and keep indemnified the Lessor against loss of Equipment by seizure by any person other than the Lessor for any reason whatsoever, or resulting from any form of legal process initiated by any person other than the Lessor, provided that such indemnity shall not cover such loss as a material arises out of any neglect or default on the part of the consideration Lessor. Lessee further agrees to Lessor indemnify and keep indemnified the lessor against all risks and liabilities whether civil or criminal, hereby assumes all risk arising from the possession, use, operation or storage of the Equipment and for injuries or deaths of persons or damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor the above.

Appears in 1 contract

Samples: Lease Agreement for Plant and Machinery

Indemnity. Lessee shall indemnify Indemnify and hold harmless Lessor and its agents, Lessor's master or ground Lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's Lessees business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere else-where and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of at Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense, Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Total Film Group Inc)

Indemnity. Lessee shall indemnify Indemnify and hold harmless Lessor and its agents, Lessor’s master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee 's ’s use of the Premises Office Building Project, or from the conduct of Lessee 's ’s business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify Indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee 's ’s part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee 's agents, contractors, ’s agents.contractors,employees,or employees invitees, and from and against all costs, attorney 's ’s fees, expenses and liabilities incurred by Lessor as the result at 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 such claim or any action or proceeding brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof thereat against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (Ready Mix, Inc.)

Indemnity. Lessee shall indemnify Indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's manner of use of the Premises Industrial Center, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify Indemnify and hold harmless harmless. Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, Lease or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred Incurred in the defense of any such claim or any action or proceeding brought thereon ; , and in case any action or proceeding be brought against Lessor by reason of any such claim , . Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Industrial Center arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Industrial Lease (H E R C Products Inc)

Indemnity. Lessee shall indemnify Indemnity and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or Or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or of default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee , or . of any of Lessee's agents, contractors, or of employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim Claim or any action or proceeding brought thereon PROCEEDING BROUGHT THEREON; and in case any action or proceeding AND IN CASE ANY ACTION OR PROCEEDING be brought against Lessor by reason of any such claim BROUGHT AGAINST LESSOR BY REASON OF ANY SUCH CLAIM, Lessee LESSEE upon notice from Lessor shall defend the same at Lessee's expense SAME AT LESSEE'S EXPENSE by counsel satisfactory to Lessor COUNSEL SATISFACTORY TO LESSOR. Lessee LESSEE, as a material part A MATERIAL PART of the consideration to Lessor, hereby assumes all risk of damage to property properly or injury to persons, in In, upon or about the Premises arising from any cause and Lessee ABOUT THE PREMISES ARISING FROM ANY CAUSE AND LESSEE hereby waives all claims in In respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Industrial Lease (Accord Advanced Technologies Inc)

Indemnity. Lessee shall indemnify defend and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, Premises or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of by the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's attorneys fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought thereon and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same Lessor at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of and damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Lease (Viador Inc)

Indemnity. Lessee shall defend, indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business business, or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere Premises, and shall further indemnify and hold Lessor harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on of Lessee's part to be performed under the terms of this the Lease, or arising from any act or negligence of the Lessee, or any of Lessee's officers, agents, contractors, customers, licensees, guests, invitees or employees, and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon ; and in . In case any action or proceeding be brought against Lessor by reason of any such claim, Lessee Lessee, upon written notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, persons in, upon or about the Premises arising from any cause cause, and Lessee hereby waives all claims in respect thereof against Lessor except such claims Initial [SIG] ----- [SIG] ----- 6 7 arising out of Lessor 's willful act or omission. Lessee shall give prompt notice to Lessor in case of casualty or accidents in or about the Premises or common areas. In the event Lessee fails to indemnify and hold harmless Lessor as required above, and should Lessor be named as a defendant in any suit brought against Lessee in connection with or arising out of Lessee's occupancy hereunder, in addition to other remedies allowed to Lessor under this Lease, Lessee shall pay to Lessor its costs and expenses incurred in such suit, including without limitation, its actual fees, professional fees, such as appraisers, accountants, attorney's fees, and the like, plus interest at the maximum rate allowed by law from the date such cost was incurred.

Appears in 1 contract

Samples: Notice (Voice Powered Technology International Inc)

Indemnity. Lessee shall defend, indemnify and hold harmless Lessor from and against any and all claims arising from the Lessee's use of the Premises Property, or from the conduct of the Lessee's business or from any activity, work or things done, permitted or suffered by the Lessee in or about the Premises or elsewhere elsewhere, and shall further indemnify and hold harmless the Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on the Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of the Lessee's agents, contractors, contractors or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action brought against the Lessor by reason of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the Lessor by reason of any such claim, the Lessee upon notice from the Lessor shall defend the same at the Lessee's expense by counsel satisfactory to the Lessor. Lessee, as a material part This indemnification provision shall be applicable during the entire Term and is also applicable to claims presented after the expiration or termination of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims this Lease in respect thereof against Lessor of injuries or damages sustained by third persons during the Term.

Appears in 1 contract

Samples: Lease Agreement

Indemnity. Lessee shall indemnify and hold harmless (told Harmless Lessor and its agents, shareholders, directors, employees, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees, invitees and from and against all costs, attorney's attorneys' fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from front Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor Lessor for the granting of thus Lease, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and mid Lessee hereby waives all claims in respect thereof against Lessor Lessor and agrees that any claims for such damages or injuries shall be made against the policies of insurance required to be carried by Lessee pursuant to paragraphs 8.1 and 8.3 hereinabove and any deductible amounts therein shall be deemed to be Lessee's "self insurance".

Appears in 1 contract

Samples: Standard Office Lease (Sangui Biotech International Inc)

Indemnity. Lessee shall indemnify and hold Lessor harmless Lessor from and --------- against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold Lessor harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's reasonable attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be is brought against Lessor by reason of any such claim, Lessee Lessee, upon notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel satisfactory to Lessor expense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon upon, or about the Premises arising from any cause cause, except damage to property or injury to persons caused by the actions or inactions of Lessor or any other lessee of the property, and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Loan Agreement (Pc Connection Inc)

Indemnity. Lessee shall indemnify and hold Lessor harmless Lessor from and against any and all claims arising from Lessee 's ’s use of the Premises, or from the conduct of Lessee 's ’s business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold Lessor harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee 's ’s part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee 's ’s agents, contractors, or employees, and from and against all costs, attorney's reasonable attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be is brought against Lessor by reason of any such claim, Lessee Lessee, upon notice from Lessor Lessor, shall defend the same at Lessee 's expense by counsel satisfactory to Lessor ’s expense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon upon, or about the Premises arising from any cause cause, except damage to property or injury to persons caused by the actions or inactions of Lessor or any other lessee of the property, and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Lease Agreement (Pc Connection Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and --------- its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or of default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities liability incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any an action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid on such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Rambus Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its Initials: /s/ /s/ (C)1984 - American Industrial Real Estate Association Full Service-Gross Revised 13 agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in In the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (Wow Entertainment Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agent, Lessor's mater or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this the Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim mater, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof hereof against Lessor . See Addendum 8.7 and 8.8.

Appears in 1 contract

Samples: Contemporaneous Agreement (National Media Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents Lessor's master or ground lessor, partners and lenders from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or our about the Premises or elsewhere and shall further 12. 13 indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor except as may result from the act or omissions of Lessor , its agents or employees.

Appears in 1 contract

Samples: Standard Office Lease (Continuus Software Corp /Ca)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, activity work or things done, done permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, Lease or arising from any negligence act or omission of the Lessee, Lessee or any of Lessee's agents agent, contractors contractor, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Termination of Lease (Equinix Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground Lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense result of any such use, conduct, activity, work, things done, permitted or suffered, breach, default, negligence, and in dealing reasonably therewith, including but not limited to the defense or pursuit of any claim or any action or proceeding brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause other than due to Lessor's negligence or misconduct and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Redwood Empire Bancorp

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and fenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises Premise, or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claim costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, persons in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor . Refer to Addendum Paragraph 63.

Appears in 1 contract

Samples: Lease (Computer Access Technology Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entitled arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses, arising from any breach or default in the performance of any obligation on Lessee's part to be performed preformed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessor injury to persons person, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Letter Agreement (Accupoll Holding Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee 's ' s use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, attorneys' fees expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Mirage Holdings Inc

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises, Office Building Project or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (Virtual Gaming Technologies Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the act or omission by Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Intervisual Books Inc /Ca

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees on or about the Premises, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor . Notwithstanding the foregoing or anything to the contrary contained in this Lease, Lessee shall not hold Lessor harmless nor shall Lessee indemnify nor defend Lessor from claims, costs, expenses or liabilities resulting from Lessor's negligence, willful misconduct or breach of this Lease.

Appears in 1 contract

Samples: Office Lease (Intrabiotics Pharmaceuticals Inc /De)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid nay such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Chemdex Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from (C) 1984 American Industrial FULL SERVICE--GROSS Real Estate Association PAGE 11 of 33 PAGES 12 any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Star Telecommunications Inc

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or of default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property properly of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (Corpas Investments Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the act or omission by Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any of action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid for such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Probusiness Services Inc

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees, invitees and from and against all costs, attorney attomey's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (Biomerica Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees, invitees and from and against all costs, attorney's fees, fees expenses and liabilities incurred Lessor as me result or 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 such claim or OR any action or proceeding brought thereon Involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: San Diego Soccer Development Corp

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees, invitees and from and against all costs, attorney's fees, fees expenses and liabilities incurred Lessor as me result or 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 such claim or any action or proceeding brought thereon Involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (San Diego Soccer Development Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees, invitees and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim, matter. Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Thoratec Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees, invitees and from and against all costs reasonably related costs and expenses, reasonable outside attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (3dshopping Com)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor . . 5

Appears in 1 contract

Samples: Standard Office Lease (Jakks Pacific Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim, matter. Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Intermune Pharmaceuticals Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense result of any such claim 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 claims or any action or proceeding brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from form Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury of Lessee and to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Yupi Internet Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees or employees invitees, and from and against all costs, attorney's attorneys fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (Superior National Insurance Group Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and an against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Sonic Foundry Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid nay such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (Flycast Communications Corp)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee Lessor's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Office Lease (Country Star Restaurants Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim= in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Standard Office Lease (Netvantage Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon; involved therein: and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Paperclip Imaging Software Inc/De)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor , excepting for damages caused by the gross willful negligence of the Lessor.

Appears in 1 contract

Samples: Contemporaneous Agreement (Level 8 Systems Inc)

Indemnity. Lessee shall indemnify and hold harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders, from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Premises Office Building Project, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence act or omission of the Lessee, or any of Lessee's agents, contractors, employees, or employees invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred in by Lessor as the defense 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 brought thereon involved therein; and in case any action or proceeding be brought against Lessor by reason of any such claim matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises Office Building Project arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor . . *

Appears in 1 contract

Samples: Sublease (Macrovision Corp)