Common use of Indemnity Clause in Contracts

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 30 contracts

Samples: Notice (Micro Focus Group Public Limited Company), Interwave Communications International LTD, Sublease (Exodus Communications Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 28 contracts

Samples: Lease (Yarc Systems Corporation Inc), Agreement (Advanced Precision Technology Inc), Lease (American River Holdings)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee Lessee, upon notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 9 contracts

Samples: Gsi Technology Inc, Gsi Technology Inc, Gsi Technology Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify Indemnity, protect, defend and hold harmless the Premises, Lessor and its Its agents, Lessor's master or ground lessor Lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's fees consultants' lees, expenses and/or liabilities arising out of, involving Involving, or in dealing In connection with, the occupancy of the Premises by Lessee, the conduct of o1 Lessee's business, any act, omission or neglect of Lessee, its Its agents, contractors, employees or invitees Invitees, and out of any Default or Breach by Lessee in In the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved Involved therein, and whether or not ( in In the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not Judgment. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in In order to be so indemnified.

Appears in 4 contracts

Samples: Multi Tenant Lease Gross (Amexdrug Corp), Multi Tenant Lease Gross (Amexdrug Corp), Contemporaneous Agreement (Amexdrug Corp)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's Lessees part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified . . (See Addendum I.)

Appears in 4 contracts

Samples: Lease (Centaur Pharmaceuticals Inc), Lease (Centaur Pharmaceuticals Inc), Lease (Centaur Pharmaceuticals Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend indemnify and hold Lessor harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims loss, loss of rents and/or damages claim, costs, liens, judgments, penalties, permits, damage or expense (including attorney's and consultant fees) in connection with Lessee's fees operations at the Project; provided, expenses and/or liabilities however, that Lessee shall have no obligation to indemnify Lessor with respect to any loss, claim, damage or expense arising out of, involving, in whole or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any the negligence of the foregoing matters Lessor, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 its employees, agents or representatives.

Appears in 4 contracts

Samples: Competitive Companies Inc, Competitive Companies Inc, Lease and Access Agreement (Third Enterprise Service Group Inc)

Indemnity. Except for Lessor's gross negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 3 contracts

Samples: Notice (Photon Dynamics Inc), Contemporaneous Agreement (Oculex Pharmaceuticals Inc /), Notice (Photon Dynamics Inc)

Indemnity. Except for Lessor's gross negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 3 contracts

Samples: Notice (Telenetics Corp), Notice (Guitar Center Inc), Letter of Credit (Eroom System Technologies Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters , . Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 3 contracts

Samples: Eyeonics Inc, Natural Alternatives International Inc, Jumpmusic Com Inc

Indemnity. Except for Lessor's negligence or that of its agents, employees, invitees or contractors and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 3 contracts

Samples: Marimba Inc, Marimba Inc, Marimba Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify hold Lessor harmless from, protect and pay to Lessor the amount of, defend any fines, penalties or other amounts for which Lessor is held liable as a result of, and any legal expenses Lessor has arising out of, the use, condition, ownership or operation of any items of Equipment, including any claims made under the strict liability doctrine, and as a result of any lien, encumbrance or claim made on the Equipment by anyone, including Lessee's employees and agents. Lessee shall indemnify Lessor against and hold Lessor harmless the Premises from, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages actions, costs damages (including reasonable attorneys' fees), liens obligations, judgments, penalties, permits, attorney's liabilities and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not liens ( in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of including any of the foregoing matters arising or imposed without Lessee's fault or negligence, or in connection with latent or other defects, or any claim for patent, trademark or copyright infringement or under the doctrine of "strict liability"), imposed or incurred by or asserted against Lessor or its successors or assigns, arising out of the manufacture, purchase, lease, possession, operation, condition, return or use of the Equipment by operation of law or by Lessee's failure to comply with the terms of this Lease. Upon written notice by Lessor of the assertion of any claim hereby indemnified against, Lessee upon notice from Lessor shall defend assume full responsibility for the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor defense thereof. This section shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified survive termination of this Lease.

Appears in 3 contracts

Samples: Security Agreement (Aci Telecentrics Inc), Security Agreement (Aci Telecentrics Inc), Security Agreement (Aci Telecentrics Inc)

Indemnity. Except Lessee, as a material part of the consideration to Lessor for Lessor's negligence this Lease, will and does hereby assume all risk of bodily injury, wrongful death and/or breach property damage, business interruption or economic loss occasioned by any accident, fire or nuisance made or suffered by Lessee or its officers, directors, agents, employees, contractors, invitees, customers, sublessees and licensees (herein collectively called “Lessee’s Affiliates”) in the Premises or resulting from any failure on the part of express warranties Lessee to maintain the Premises in a safe condition, and Lessee shall indemnify hereby waives on its own behalf, protect and on behalf of Lessee’s Affiliates, defend and hold harmless the Premises, all claims in respect thereof against Lessor and its Lessor’s shareholders, employees, agents, licensees, contractors and invitees (herein collectively called “Lessor 's master ’s Affiliates”) except claims arising from the acts or ground lessor omissions of Lessor or Lessor’s Affiliates, partners and Lenders acknowledges that this assumption of risk by Lessee has been bargained for in determining rent and other obligations of Lessee under this Lease. Lessee hereby agrees to indemnify and save harmless Lessor and Lessor’s Affiliates from and against any and all claims for bodily injury, wrongful death and/or property damage, business interruption and economic loss by any person (including without limiting the generality of said term, Lessee’s Affiliates and Lessor’s Affiliates) arising out of, caused by, occasioned by or resulting from any accident, fire or nuisance in the Premises or Lessee’s failure to maintain the Premises in accordance with this Agreement, except where such injury, death or loss is caused by the acts or omissions of Lessor or Lessor’s Affiliates. Lessee further agrees to indemnify and save harmless Lessor, and Lessor’s Affiliates, from and against any and all claims liability, loss of rents and/or damages loss, costs, liens charges, judgments fines, penalties, permits obligations or expenses of whatsoever nature in connection with any and all claims by or on behalf of any person or persons, attorney's and consultant's fees firm or firms, expenses and/or liabilities corporation or corporations, arising out of, involving from the conduct or management of any work or thing whatsoever done by Lessee or Lessee’s Affiliates in or about the Premises during the Term, or in dealing with, from any transactions of Lessee concerning the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees Premises, and out will further indemnify and save Lessor and Lessor’s Affiliates harmless from any and all claims arising from any breach or default on the part of any Default or Breach by Lessee in the performance in a timely manner of any obligation covenant or agreement on Lessee's the part of Lessee to be performed under pursuant to the terms of this Lease . The foregoing , or arising from any act on the part of Lessee or Lessee’s Affiliates, and shall include reimburse Lessor and Lessor’s Affiliates for all costs, but not be limited to reasonable attorneys’ fees, the defense or pursuit of expenses and liabilities incurred in connection with any such claim or any action or proceeding involved therein, and whether or not ( brought thereon. Lessee further agrees that in the case of claims made against Lessor) litigated and/or reduced to judgment any claim, and whether well founded or not. In case any demand, proceeding, action or proceeding be brought cause of action, threatened or actual, against Lessor by reason or Lessor’s Affiliates resulting from the matters for which Lessee indemnifies Lessor hereunder, Lessee, upon the written request of Lessor or any of the foregoing matters Lessor’s Affiliates, Lessee upon notice from Lessor shall defend the same Lessor and Lessor’s Affiliates at Lessee 's ’s expense by counsel reasonably satisfactory to Lessor or Lessor’s Affiliates, as the case may be. If Lessor or any of Lessor’s Affiliates does not request such defense or Lessee does not provide such defense, then Lessee will reimburse Lessor and Lessor shall Lessor’s Affiliates as aforesaid, and agrees to cooperate with Lessee Lessor and Lessor’s Affiliates in such defense . , including, but not limited to, providing of affidavits and testimony upon request of Lessor need not have first paid any such claim in order to be so indemnified or Lessor’s Affiliates.

Appears in 3 contracts

Samples: Maui Land & Pineapple Co Inc, Maui Land & Pineapple Co Inc, Maui Land & Pineapple Co Inc

Indemnity. Except for Lessor Landlord's negligence negligence, willful misconduct and/or breach of express warranties, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents, Lessor Landlord's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses expense and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee Tenant, the conduct of Lessee Tenant's business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee Tenant's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor Landlord by reason of any of the foregoing matters , Lessee . Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor Landlord and Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified.

Appears in 2 contracts

Samples: Lease (SBS Technologies Inc), Agreement (SBS Technologies Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor Lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Lease (Coyote Sports Inc), Impax Laboratories Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, Lenders from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 . . SEE ADDENDUM

Appears in 2 contracts

Samples: Separate Agreement (Zytec Corp /Mn/), Separate Agreement (Zytec Corp /Mn/)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments judgements, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Agreement (Zamba Corp), Imageware Software Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, invitees and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, matters Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Gametech International Inc, Gametech International Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case -12- 13 of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Contemporaneous Agreement (Pets Com Inc), Contemporaneous Agreement (Pets Com Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any nay obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Lease (Intek Information Inc), Lease (Intek Information Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely timley manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Arterial Vascular Engineering Inc, Arterial Vascular Engineering Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, of involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Lease (Netcom Systems Inc), Lease (Netcom Systems Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not . In , in case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Lease (Powerwave Technologies Inc), Notice (General Scanning Inc \Ma\)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's consultants fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Notice (Burke Industries Inc /Ca/), Notice (Burke Industries Inc /Ca/)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents , . Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Release Agreement (Ansys Diagnostics Inc), Notice (Applied Data Communications Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify indemnity, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens lions, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act art, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing fore- going shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in In such defense. Lessor need not have first paid any such claim in In order to be so indemnified.

Appears in 2 contracts

Samples: Contemporaneous Agreement (DCH Technology Inc), Articles of Incorporation (DCH Technology Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties , . Lessee shall indemnify indemnity, protect, defend and hold harmless the Premises , . Lessor and its agents , . Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, liens judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, with the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, to the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters , . Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: CCC Globalcom Corp, Release Agreement (Incomnet Inc)

Indemnity. Except for Lessor's negligence negligence, willful misconduct and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises , . Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages damage, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, with the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees employees, or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Lease (Careside Inc), Lease (Careside Inc)

Indemnity. Except for Lessor's negligence or Lessor's agents', employees', or contractors' negligence, willful misconduct and/or breach of express warranties this Lease, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be is brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Notice (Comps Com Inc), Notice (Comps Com Inc)

Indemnity. Except for Lessor 's ’s negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor 's ’s master or ground lessor Lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys’ and consultant's consultants’ fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee 's ’s business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee 's ’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Lease (Emmaus Holdings, Inc.), Lease (Emmaus Holdings, Inc.)

Indemnity. Except for Lessor 's ’s negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor 's ’s master or ground lessor, partners and Lenders, Lenders from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys’ and consultant's consultants’ fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee 's ’s business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee 's ’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Overstock Com Inc, Overstock Com Inc

Indemnity. Except for Lessor 's ’s negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor 's ’s master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys’ and consultant's consultants’ fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee 's ’s business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee 's ’s part to be performed under this Lease. The foregoing fore going shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Vital Therapies Inc, Vital Therapies Inc

Indemnity. Except for Lessor 's ’s negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor 's ’s master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys’ and consultant's consultants’ fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee 's ’s business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee 's ’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Amendment to Lease (Senorx Inc), U.S. Auto Parts Network, Inc.

Indemnity. Except for Lessor 's ’s negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor 's ’s master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney 's ’s and consultant 's ’s fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee 's ’s business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee 's ’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee 's ’s expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Silvergraph International Inc, Entrade Inc

Indemnity. Except for Lessor lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless hannless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys and consultant's constlitants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee Lessee, upon notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 2 contracts

Samples: Contemporaneous Agreement (Supergen Inc), Contemporaneous Agreement (Supergen Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, agrees to indemnify and defend Lessor against and hold Lessor harmless from any and all demands, claims, causes of action, judgments, obligations, liabilities, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorney's fees) on account of, or arising out of the Lessee's use or occupancy of the Premises. This Lease is made on the express condition that Lessor shall not be liable for, or suffer loss by reason of, injury to person or property, from whatever cause, in any way connected with the Lessee's use or occupancy of the Premises, Lessor and its agents specifically including, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business without limitation, any act, omission liability for injury to the person or neglect property of Lessee, its agents, contractors officers, employees or employees, licensees and invitees , and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 .

Appears in 2 contracts

Samples: Global Food Technologies, Inc., Procera Networks Inc

Indemnity. Except Lessee hereby indemnifies and saves harmless Lessor and its agents against and from (a) any and all claims (i) arising from (x) the conduct or management by Lessee or its employees, agents, invitees or servants, or (y) any work or thing whatsoever done, or any condition created (other than by Lessor for Lessor's negligence and/or breach or Lessee's account) in or about the Demised Premises during the term of express warranties this Lease or during the period of time, if any, prior to the Commencement Date that Lessee shall indemnify, protect, defend and hold harmless may have been given access to the Demised Premises, Lessor and its agents or (ii) arising from any negligent, Lessor's master wilful or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, otherwise wrongful act or in dealing with, the occupancy omission of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors employees, employees invitees or invitees servants, and, (b) all costs, expenses and out of any Default liabilities incurred in or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any connection with each such claim or any action or proceeding involved therein brought thereon, including the defense thereof, including attorneys fees and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not court costs at all levels. In case any action or proceeding be brought against Lessor by reason of any of such claim, the foregoing matters Lessee, Lessee upon notice from Lessor Lessor, shall resist and defend the same such action or proceeding at Lessee's expense cost. Lessor retains the right, in any such action or proceeding, to be represented by attorneys of its own choosing, at Lessee's expense. Lessee will not perform or have performed any work or repair to the Demised Premises without Lessor's prior written consent. Notwithstanding the foregoing, if Lessor has approved the counsel reasonably satisfactory to be utilized by Lessor for the defense of Lessor and Lessee, then, unless Lessor has a conflict of interest with Lessee, Lessor shall cooperate with Lessee in such defense. Lessor need not have first the right to utilize separate counsel which will be paid any such claim in order to be so indemnified for by Lessee.

Appears in 2 contracts

Samples: Assumption Agreement (Internet Commerce Corp), Right of First Offer (Internet Commerce Corp)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify defend, protect, defend indemnify and hold save harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners agents against and Lenders, from and against any and all claims, loss of rents and/or damages actions or proceedings, costs, liens expenses and liabilities, judgments, penalties, permits, attorney's including attorneys fees and consultant's fees, expenses and/or liabilities arising out of, involving, disbursements incurred in or in dealing with connection with each such claim, the action or proceeding, be it in contract or tort, arising from Lessee’s use and occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include including, but not be limited to, the defense Lessee’s negligent acts or pursuit of any claim or any action or proceeding involved therein, and whether or not ( omissions in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded Building or not Office Building Area. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters such claim, Lessee Lessee, upon notice from Lessor Lessor, shall resist and defend the same at Lessee's expense by such action or proceeding with counsel reasonably satisfactory acceptable to 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 Lessor.

Appears in 2 contracts

Samples: Lease Agreement (Fluoropharma Medical, Inc.), Lease Agreement (Nexus Biopharma Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor indemnify Landlord and its agents, Lessor's master or ground lessor, partners agents and Lenders, employees and save it harmless from and against any and all claims, actions, damages, liabilities and expense in connection with loss of rents life, personal injury and/or damages damage to property arising from or out of any occurrence in, costs, liens, judgments, penalties, permits, attorney's upon or at the Demised Premises and/or the Building and consultant's fees, expenses and/or liabilities arising out of, involving grounds, or in dealing with, the occupancy or use by Tenant of the Demised Premises or any part thereof, occasioned by Lessee, any negligent act or omission of the conduct of Lessee's business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees employees, servants, permitted subtenants, invitees or invitees licensees, and out or resulting from any Default, breach, violation or nonperformance of any Default or Breach this Lease by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not Tenant. In case the event that Landlord or its agents and employees shall, without fault on its part, be made a party to any action litigation commenced by or proceeding against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid in connection with such litigation. Tenant shall pay, satisfy and discharge any and all judgments, orders and decrees which may be brought recovered against Lessor by reason of any of Landlord in connection with the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 foregoing.

Appears in 2 contracts

Samples: Lease Agreement (V One Corp/ De), Clark/Bardes Holdings Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties Tenant will defend, Lessee shall indemnify, protect, defend indemnify and hold harmless the Premises, Lessor Landlord and its agents, Lessor's master or ground lessor, partners and Lenders, agents harmless from and against any and all claims, loss of rents and/or damages actions or proceedings, costs, liens expenses and liabilities, judgments including attorneys fees and disbursements incurred in connection with each such claim, penalties action or proceeding, permits whether in contract or tort, attorney's arising from Tenant’s use and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee Premises, including Tenant’s negligent acts or omissions at the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not Real Property. In case any action or proceeding be brought against Lessor Landlord by reason of any of the foregoing matters such claim, Lessee Tenant, upon notice from Lessor shall Landlord, will, at Tenant’s expense, resist and defend the same at Lessee's expense by such action or proceeding with counsel reasonably satisfactory acceptable to 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 Landlord.

Appears in 2 contracts

Samples: Inovio Biomedical Corp, Ophthotech Corp.

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall Tenant will indemnify , protect , defend and hold harmless the Premises --------- Landlord, Lessor and its partners, employees, agents, Lessor's master or ground lessor, partners successors and Lenders, assigns from and against any all claims and all claims demands for loss or damage, loss of rents and/or damages including property damage, costs personal injury and wrongful death, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of of or in connection with the use or occupancy of said Premises by Tenant or any other person claiming by, involving through or under Tenant, or any accident or fire on said Premises or any adjacent sidewalk or any nuisance made or suffered thereon caused by Tenant's negligence, or any failure by Tenant to keep said Premises or sidewalk in dealing with a safe condition, or any failure by Tenant to comply and conform with all laws, statutes, ordinances and regulations of the United States, (including, without limitation, the occupancy Americans with Disabilities Act) the State of Hawaii and the Premises City and County of Honolulu now or hereafter in force, or arising from any default by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters covenants, Lessee upon notice from Lessor shall conditions or provisions of this Lease, will resist and defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order by counsel satisfactory to be so indemnified Landlord, and will reimburse Landlord for all of Landlord's costs and expenses, including reasonable attorneys' fees with respect to any attachment, judgment, suit, lien, charge or encumbrance whatsoever against said Premises made or suffered by Tenant.

Appears in 2 contracts

Samples: Office Lease (Cheap Tickets Inc), Office Lease (Cheap Tickets Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, a) Indemnity by Lessee. Lessee shall indemnify, protect, defend does hereby indemnify and agree to forever save and hold harmless the Premises Lessor, Lessor and its agents, Lessor's master or ground lessor, partners interest in the Premises and Lenders, this Lease from and against any and all damages, claims, loss of rents and/or damages losses, demands, costs, expenses (including attorneys' fees and costs), obligations, liens, judgments liabilities, penalties actions and causes of action which Lessor may suffer or incur arising directly or indirectly from this Lease, permits, attorney from Lessee's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy use of the Premises by Lessee Demised Premises, from the conduct of Lessee's business, from any act activity, omission work or neglect things done, permitted or suffered by Lessee in or about the Premises, from Lessee's non-observance or nonperformance of any law, ordinance or regulations, or from any negligence of Lessee or any of Lessee 's agents, contractors, employees, guests, licensees and invitees, but not including any liability resulting from any acts or omissions or negligence or willful misconduct of Lessor, its agents, employees, or contractors , employees or invitees, and out . Lessee further agrees that in case of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include such claim, but not be limited to demand, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor ) litigated and/or reduced to judgment , and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters Lessee, Lessee upon notice from Lessor Lessor, shall defend the same Lessor at Lessee's expense by counsel reasonably satisfactory to Lessor. In the event Lessee does not provide a defense against any and all such claims, demands, liens, liabilities, actions or causes of action, threatened or actual, then Lessee shall, in addition to the above, pay Lessor the attorneys' fees, legal expenses and costs incurred by Lessor shall in providing such defense, and Lessee agrees to cooperate with Lessee Lessor in such defense , including, but not limited to, the providing of affidavits and testimony upon request of Lessor. b) Indemnity by Lessor. Lessor need not have first paid agrees to indemnify, defend and hold Lessee harmless from and against any such claim loss, cost, liability, damage or expense including, without limitation, reasonable attorney's fees, incurred in order to be so indemnified connection with or arising from (i) any cause whatsoever in or on the common areas of the Building (any portion of the Building except the Demised Premises) including without limitation, the negligence of Lessor or its employees, agents or contractors, other than the act or omission of Lessee, or (ii) the negligence or intentional acts of Lessor or its employees, agents or contractors in or on the Premises.

Appears in 2 contracts

Samples: Digitalnet Holdings Inc, Digitalnet Holdings Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee 10.1Indemnification by Tenant. Tenant shall indemnify, protect, defend indemnify Landlord and hold save it harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all suits, actions, damages, claims, liability and expense in connection with loss of rents and/or damages life, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving bodily or personal injury, or in dealing with property damage arising from or out of any occurrence in, upon, at or from the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by Lessee, the conduct any act or omission of Lessee's business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or employees, servants, invitees, and out licensees, or concessionaires. 10.2Release of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee Landlord. Except for Landlord's part to be performed under this Lease. The foregoing negligence, Landlord shall include, but not be limited to, responsible or liable at any time for any loss or damage to Tenant's personal property or to Tenant's business. Tenant shall store its property in and shall use and enjoy the defense or pursuit Leased Premises and all other portions of any claim or any action or proceeding involved therein the Building and Improvements at its own risk, and whether hereby releases Landlord, to the full extent permitted by law, from all claims of every kind resulting in loss of life, personal or not (in the case of claims made against Lessor) litigated and/or reduced to judgment bodily injury, and whether well founded or not property damage. 10.3Litigation. In case Landlord, without fault on its part, shall be made a party to any action litigation commenced by or proceeding be brought against Lessor by reason of any of the foregoing matters Tenant, Lessee upon notice from Lessor then Tenant shall defend the same at Lessee protect and hold Landlord harmless and shall pay all Landlord's expense by counsel reasonably satisfactory to Lessor costs, expenses, and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified reasonable attorney's fees.

Appears in 1 contract

Samples: Standard Form Lease Agreement (BMB Munai Inc)

Indemnity. Except for Lessor's negligence and/or breach During the term of express warranties this Lease and during any holdover tenancy following regular expiration or early termination hereof, Lessee shall indemnify, protect, defend and hold harmless the Premises Lessor, Lessor and its agents inhabitants, Lessor's master or ground lessor officers, partners employees and Lenders, agents completely harmless from and against any and all liabilities, losses, suits, claims, loss judgments, fines or demands arising by reason of rents injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorneys' fees, court costs, and expert witness fees), of any nature whatsoever arising out of or incident to this Lease and/or damages the use, occupancy, conduct, or management of the leased premises or the acts or omissions of Lessee's officers, agents, employees, contractors, subcontractors, licensees, or invitees, except to the extent that such claims, suits, demands, judgments, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, may be attributed to the acts or in dealing with, the occupancy omissions of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee Lessor, its agents, contractors, employees or invitees . The Lessee shall give to Lessor reasonable notice of any such claims or actions. The Lessee shall also use counsel reasonably acceptable to Lessor in carrying out its obligations under this Article.During the term of this Lease and during any holdover tenancy following regular expiration or early termination hereof, Lessee further hereby expressly agrees that it will defend, indemnify and hold Lessor harmless from any and all claims made or asserted by the Lessee's agents, servants, members or employees arising out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed activities under this Lease. For this purpose, the Lessee hereby expressly waives any and all immunity it may have under Maine’s Workers Compensation Act in regard to such claims made or asserted by the Lessee's agents, servants, members, or employees. The foregoing indemnification provided under this paragraph shall include extend to and include any and all costs incurred by Lessor to answer, investigate, defend and settle all such claims, including but not be limited to to Lessor's costs for attorneys fees, expert and other witness fees, the defense or pursuit cost of investigators, and payment in full of any claim and all judgments rendered in favor of the Lessee's agents, servants, members, or any action or proceeding involved therein, and whether or not ( employees against the Lessor in the case of regard to claims made against Lessor) litigated and/or reduced to judgment or asserted by such agents, and whether well founded servants, members, or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 employees.

Appears in 1 contract

Samples: Indenture

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents , . Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, costs and judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, act omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or of Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, to the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against the Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably reasonable satisfactory to Lessor and Lessor shall cooperate cooper4ate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: Contemporaneous Agreement (Synbiotics Corp)

Indemnity. Except for Lessor Landlord's gross negligence and/or breach of express warranties intentional misconduct, Lessee shall Tenantshall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents, Lessor Landlord's master or ground lessor Landlord, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing with, connection with the occupancy of the Premises or use of Common Areas by Lessee Tenant, the conduct of Lessee Tenant's business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees any member of the Tenant Group, and out of any Default or Breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee Tenant's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be is brought against Lessor Landlord by reason of any of the foregoing matters, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor Landlord and Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified . Tenant hereby waives and releases all claims against Landlord and its employees and agents with respect to any acts of third parties, any cause beyond Landlord's control and any other matters for which Landlord has disclaimed liability pursuant to the terms of this Lease.

Appears in 1 contract

Samples: Brainy Brands Company, Inc.

Indemnity. Except for Lessor Landlord's misconduct, negligence and/or breach of express warranties warranties and the provisions of this Lease, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents, Lessor's master or ground lessor, partners and Lenders, agents from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, reasonable attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, with the occupancy of the Premises by Lessee Tenant, the conduct of Lessee Tenant's business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee Tenant's part to be performed under this Lease . The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not . In case any action or proceeding be brought against Lessor Landlord by reason of any of the foregoing matters, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor Landlord and Lessor Landlord shall cooperate with Lessee Tenant in such defense . Lessor need not have first paid any such claim in order to be so indemnified .

Appears in 1 contract

Samples: Lease (Apria Healthcare Group Inc)

Indemnity. Except for Lessor Landlord's negligence and/or breach of express warranties, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents, Lessor Landlord's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee Tenant, the conduct of Lessee Tenant's business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default default or Breach breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee Tenant's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor Landlord by reason of any of the foregoing matters, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor Landlord and Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: Lease Agreement (Lithia Motors Inc)

Indemnity. Except for Lessor Landlord's negligence and/or breach of express warranties, Lessee if any, Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents trustees, Lessor agents (including Landlord's Property Manager), Landlord's master or ground lessor, partners and Lenders, from and against any and all claims, loss of or rents and/or damages, costs, liens, judgments, penalties, permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, involving or in dealing with, the occupancy of the Premises by Lessee Tenant, the conduct of Lessee Tenant's business, any negligent act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee Tenant's part to be performed under this Lease. The foregoing shall include, but shall not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be being brought against Lessor Landlord by reason of any of the foregoing matters, Lessee Tenant, upon notice from Lessor Landlord, shall defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor Landlord, and Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor need not have first paid defense or, at Landlord's election, Tenant shall reimburse Landlord for any and all reasonable legal fees and costs incurred by Landlord in connection with any such claim in order to be so indemnified claim.

Appears in 1 contract

Samples: Standard Industrial Lease (Big Dog Holdings Inc)

Indemnity. Except for Lessor Landlord's negligence and/or breach of express warranties willful misconduct or gross negligence, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents, Lessor's employees, Landlord’s master or ground lessor Landlord, members, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys’ and consultant's consultants’ fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee Tenant, the conduct of Lessee's Tenant’s business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee's Tenant’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor Landlord by reason of any of the foregoing matters, 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 Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified . The provisions of this Section shall survive the expiration or termination of this Lease or the early termination of Tenant’s right to occupy the Premises.

Appears in 1 contract

Samples: Applied Films Corp

Indemnity. Except for Lessor Landlord's negligence and/or breach of express warranties willful misconduct or gross negligence, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents, Lessor's employees, Landlord’s master or ground lessor Landlord, members, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys’ and consultant's consultants’ fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee Tenant, the conduct of Lessee's Tenant’s business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee's Tenant’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor Landlord by reason of any of the foregoing matters, 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 Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified . . The provisions of this Section shall survive the expiration or termination of this Lease or the early termination of Tenant’s right to occupy the Premises. F-13

Appears in 1 contract

Samples: Purchase and Sale Agreement (Applied Films Corp)

Indemnity. Except for Lessor Landlord's negligence and/or breach of express warranties willful misconduct, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents, Lessor employees, Landlord's master or ground lessor Landlord, members, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee Tenant, the conduct of Lessee Tenant's business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee Tenant's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor Landlord by reason of any of the foregoing matters, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee Tenant's expense by counsel reasonably satisfactory to Lessor Landlord and Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified . The provisions of this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Notice (Zynex Medical Holdings Inc)

Indemnity. Except for Lessor's Landlord’s gross negligence and/or breach of express warranties or willful misconduct, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents, Lessor's employees, Landlord’s master or ground lessor landlord, members, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys’ and consultant's consultants’ fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee Tenant, the conduct of Lessee's Tenant’s business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee's Tenant’s part to be performed under this Lease , out of any improvements, fixtures or equipment upon the Premises or any repairs, maintenance or out of alterations to the Premises made by, through or under Tenant, EVEN IF SUCH LIABILITY AND CLAIMS ARE CAUSED BY THE NEGLIGENCE OF THE INDEMNIFIED PARTIES. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be is brought against Lessor Landlord by reason of any of the foregoing matters, 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 Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified . The provisions of this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Ironclad Performance Wear Corp

Indemnity. Except for Lessor's Landlord’s negligence and/or breach of express warranties warranties and/or breach of any other obligation of Landlord set forth in this Lease, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor lessor and its agents, Lessor's Landlord’s master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney 's ’s and consultant 's ’s fees, expenses and/or liabilities arising out of, involving, involving or in dealing with, the occupancy of the Premises by Lessee Tenant, the conduct of Lessee's Tenant’s business, any act, omission or neglect of Lessee Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee Tenant in the performance in a timely manner of any obligation on Lessee's Tenant’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be is brought against Lessor Landlord by reason of any of the foregoing matters, 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 Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: First State Financial Corp/Fl

Indemnity. Except for Lessor's Landlord’s negligence and/or breach of express warranties intentional misconduct, Lessee Tenant shall indemnify, protect, defend and hold harmless the Premises, Lessor Landlord and its agents , Lessor's master or ground lessor , partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys’ and consultant's consultants’ fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, connection with any act, negligent act or omission or neglect intentional misconduct of Lessee Tenant, its agents or Tenant’s employees, agents or contractors , employees or invitees , and out of any Default or Breach by Lessee failure of Tenant in the performance in a timely manner of any obligation on Lessee's Tenant’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Landlord) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor Landlord by reason of any of the foregoing matters, Lessee Tenant upon notice from Lessor Landlord shall defend the same at Lessee's Tenant’s expense by counsel reasonably satisfactory to Lessor and Lessor Landlord shall cooperate with Lessee Tenant in such defense. Lessor Landlord need not have first paid any such claim in order to be so indemnified . Tenant hereby waives and releases all claims against Landlord and its employees and agents with respect to any acts of third parties, any cause beyond Landlord’s control and any other matters for which Landlord has disclaimed liability pursuant to the terms of this Lease. Except for Tenant’s negligence and/or intentional misconduct, Landlord shall indemnify, protect, defend and hold harmless Tenant and its employees, agents, contractors, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with any negligent act or omission or intentional misconduct of Landlord, or Landlord’s employees, agents or contractors, and out of any default by Landlord in the performance in a timely manner of any obligation on Landlord’s part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Tenant) litigated and/or reduced to judgment. In case any action or proceeding be brought against Tenant by reason of any of the foregoing matters, Landlord upon notice from Tenant shall defend the same at Landlord’s expense and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order to be so indemnified. Landlord hereby waives and releases all claims against Tenant and its employees and agents with respect to any acts of third parties, any cause beyond Tenant’s control and any other matters for which Tenant has disclaimed liability pursuant to the terms of this Lease.

Appears in 1 contract

Samples: Metaldyne Performance Group Inc.

Indemnity. Except for Lessor Lessee's negligence gross negligence, willful misconduct and/or breach of or express warranties, Lessee Lessor shall indemnify, protect, defend and hold harmless the Premises, Lessor Lessee and its Lessee's agents, Lessor's master or ground lessor officers, partners directors, shareholders and Lenders employees, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's attorneys' fees and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, involving or in dealing with, with the occupancy of the Premises by Lessee Office Building Project, the conduct of Lessee lessor's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees principals, and out of any Default default or Breach breach by Lessee Lessor in the performance in a timely manner of any obligation on Lessee of Lessor's part to be performed under this Lease. The foregoing shall include, but shall not be limited to, to the defense or pursuit of any claim or any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) Lessee), litigated and/or reduced to judgment, and whether well well-founded or not. In case any claim or any action or proceeding be is brought against Lessor Lessee by reason of any of the foregoing matters, Lessee Lessor, upon notice from Lessor Lessee, shall defend the same at Lessee Lessor's expense by counsel reasonably satisfactory to Lessor Lessee and Lessor lessee shall cooperate with Lessee Lessor in such defense. Lessor need Lessee shall not be required to first have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: Contemporaneous Agreement (Icc Technologies Inc)

Indemnity. Except for Lessor Lessee's negligence and/or or willful misconduct or breach of express warranties the Lease, Lessee Lessor shall indemnify, protect, defend indemnify and hold harmless the Premises, Lessor Lessee and its agents , Lessor's master or ground lessor, partners and Lenders , from and against any and all claims claims for damage to the person or property of anyone or any entity arising from Lessor's operations and maintenance of the Industrial Center, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving permitted or suffered by Lessor, or in dealing with, the occupancy any of the Premises by Lessee, the conduct of Lessee Lessor's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees invitees and from and against all costs, attorney's fees, expenses and liabilities incurred by Lessee as the result of any such use, conduct, activity, work, things done, permitted or suffered, breach, default or negligence, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include dealing reasonably therewith, including but not be limited to, to the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee Lessor's expense by counsel reasonably satisfactory to Lessor Lessee and Lessor Lessee shall cooperate with Lessee Lessor in such defense. Lessor Lessee need not have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: Contemporaneous Agreement (Pharmchem Inc)

Indemnity. Except for Lessor's Lessor negligence and/or breach of express expressed warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents , Lessor's . Lessor or master or ground lessor, partners partner and Lenders, from and against any and all claims, claims loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys and consultant's consultants fees, expenses and/or and /or liabilities arising out of, involving, or in dealing with, connection with the occupancy of the Premises by Lessee , the . The conduct of Lessee's business, any act, omission or neglect of Lessee Lessees, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of by any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved Involved therein, and whether or not (in the case of claims made against Lessor Lessors) litigated and/or reduced to judgment, and whether well founded or not. In judgment in case any action or proceeding be brought against Lessor by reason of any of the foregoing matters , . Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (RVision, Inc.)

Indemnity. Except for Lessor 's ' negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend protect and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments judgment, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee Lessee, upon notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel reasonably reasonable satisfactory to 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.

Appears in 1 contract

Samples: Qad Inc

Indemnity. Except for Lessor's [16] negligence or willful misconduct and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner or of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 . . [17]

Appears in 1 contract

Samples: Releasenow Com Corp

Indemnity. Except for Lessor's negligence [INSERT 4B] and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises , . Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's permits attorneys' and consultant's fees, expenses and/or liabilities arising out of, involving, caused in whole by or in dealing with, party by but only to the extent caused by the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation obligations on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Joint Venture (Phoenix International Life Sciences Inc)

Indemnity. Except for Lessor's acts, omissions, negligence and/or default or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees consultant fee's, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's Lessees business, any act, omission or neglect of Lessee, its agents, contractors, contractors or employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Standard Industrial Lease (Microage Inc /De/)

Indemnity. Except for Lessor's and Lessor's employees, agents, and invitees negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities Liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees invitee, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment judgement, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 . All expenses listed in the indemnity provision in which the Lessee may be responsible shall be basis on reasonable expenses.

Appears in 1 contract

Samples: Industrial Lease (American Craft Brewing International LTD)

Indemnity. Except for Lessor's breach of this lease, negligence and/or breach of express warranties, Lessee shall indemnify indemnity, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, invitees and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Notice (Powerwave Technologies Inc)

Indemnity. Except for Lessor's gross negligence and willful misconduct and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor Lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Photomatrix Inc/ Ca)

Indemnity. Except for Lessor's gross negligence and willful misconduct, and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and ad Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any and act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved be brought therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not no have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: Industrial Lease (Carbite Golf Inc)

Indemnity. Except for Lessor's gross negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. Lease The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Idealab)

Indemnity. Except for Lessor's gross negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners partners, and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing with, connection with the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, invitees and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, matters Lessee upon notice from Lessor shall defend define the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Homestead Com Inc)

Indemnity. Except for Lessor's gross negligence and/or breach of or express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders Lenders (collectively, "Lessor Parties") from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act ace, omission or neglect of or Lessee, its agents, contractors, employees or invitees, and out of any Default or of Breach by Lessee lessee in the performance in a timely manner of any obligation on Lessee lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate cooperated with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: Settlement Agreement (Boston Biomedica Inc)

Indemnity. Except for Lessor's gross negligence or willful misconduct and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Spectratek Technologies Inc

Indemnity. Except for Lessor's gross negligence and/or breach of express warranties or willful misconduct, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, representatives, employees, officers, directors, shareholders. members and trustees, as well as Lessor's master or ground lessor, partners and Lenders, of, from and against any and all claims, demands, losses (including without limitation loss of rents and/or or permits), damages, costs, liens, judgments, penalties, permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the use and/or occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, or its agents . representatives, employees, contractors, employees or invitees, and out of invitees and/or any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved Involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case If any action or proceeding be is brought against Lessor by reason of any of the foregoing matters, Lessee shall upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so defended or indemnified . Lessee's Indemnity and other obligations, liabilities and duties under this paragraph shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Contemporaneous Agreement (Homegrocer Com Inc)

Indemnity. Except for Lessor's negligence and/or and or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages and or damage, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or and or liabilities arising out of, involving `, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim claims or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or and or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim claims in order to be so indemnified.

Appears in 1 contract

Samples: Worldwide Medical Corp/Ca/

Indemnity. Except for Lessor's negligence and/or breach of express covenants and warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises Industrial Center, Lessor Lessor, its shareholders, agents, officers, directors, employees and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor Lessor and/or such other indemnified persons and entities) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor and/or such other indemnified persons and entities by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor or such other indemnified persons and entities need not have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: Agreement of Lease (Cosmetic Center Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, warranties Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, costs liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees employees, or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (Modtech Holdings Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties warranties or obligations under this Lease, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 . (See Addendum).

Appears in 1 contract

Samples: Agreement (Signature Eyewear Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties warranties or other provisions of this Lease by Lessor or Lessor's agents, employees, licensees or invitees, and subject to Paragraph 8.6 above, Lessee shall indemnify, protect, defend and hold harmless the Premises harmless, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy with use of the Premises by Lessee, the conduct of Lessee's business, any act, omission negligence or neglect willful misconduct of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (Omnicell Com /Ca/)

Indemnity. Except for Lessor's negligence and/or breach of express warranties warranties or that of Lessor's agents, employees, contractors and consultants, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Gt Bicycles Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall shah indemnify, protect, defend and hold harmless the Premises, Lessor and its agents his angels, Lessor's master masher or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's fees consultants' tees, expenses and/or liabilities arising out of, involving Involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees Invitees, and out of old any Default or Breach by Lessee in the In this performance in In a timely manner of any obligation on Lessee's part to be performed under this Lease tease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein herein, and whether or not (in the this case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or cc proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim damn in order to be so indemnified.

Appears in 1 contract

Samples: Yp Net Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify Indemnify, protect, defend de/end and hold harmless the Premises, Lessor and its Its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments |judgements, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing with, In connection with the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its Its agents, contractors, employees or invitees Invitees, and out of any Default or Breach by Lessee in In the performance in In a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include Include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved Involved therein, and whether or not ( in In the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not judgement. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in In such defense. Lessor need not have first paid any such claim in In order to be so indemnified Indemnified.

Appears in 1 contract

Samples: Contemporaneous Agreement (Oryx Technology Corp)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify Indemnity, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving Involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees invites, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under cinder this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in In such defense. Lessor need not have first paid any such claim in order to be so indemnified.

Appears in 1 contract

Samples: Lease (Advanced Aerodynamics & Structures Inc/)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, indemnify protect, defend and hold harmless the Premises Promises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving , . or in dealing connection with, the occupancy of the Premises Promises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include Include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved Involved therein, and whether or not (in the case of claims made against Lessor) Lessor litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in In order to be so indemnified.

Appears in 1 contract

Samples: Lease (Laser Photonics Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages damage, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing with, the connection with occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees employees, or invitees, involving and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (Ventures National Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its it agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Vdi Media)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or *** ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (Consolidated Capital of North America Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders Lender, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or an/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Lumonics Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by and out of any Default or Breach by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on of Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Master Lease (Premium Cigars International LTD)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders , for, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Single Tenant Lease (Marketing Specialists Corp)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims claims bought by parties other than Lessee, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by of Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding brought by parties other than Lessee be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Notice (Invitrogen Corp)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims claims brought by parties other than Lessee, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding brought by parties other than Lessee be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Release Agreement (Invitrogen Corp)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, claims loss of rents and/or damages, damages costs, liens, judgments, penalties, permits, attorney's and consultant's PAGE 7 Initials /s/ [illegible] 8 consultant fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 . The provisions of this Paragraph 8.7 shall survive the termination or expiration of the Lease. See Addendum Paragraph 8.8.

Appears in 1 contract

Samples: Lease Agreement (Carpenter W R North America Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents rants and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, to the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters mailers, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (Align Technology Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages damage, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim claims or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim claims in order to be so indemnified.

Appears in 1 contract

Samples: Contemporaneous Agreement (Who Vision Systems Inc /Fl)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, costs liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees employees, or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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 . . -9- 10

Appears in 1 contract

Samples: Contemporaneous Agreement (Modtech Holdings Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments Judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Therasense Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments judgements, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, involving or in dealing connection with, the occupancy of the Premises by Lessee, the and conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Iown Holdings Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments judgements, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee Lessee, upon notice from Lessor Lessor, shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Improvenet Inc

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments judgment, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to t 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.

Appears in 1 contract

Samples: Lease (Cmgi Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with , the occupancy of the Premises by Lessee, the conduct of Lessee's business , any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (Formfactor Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with , the occupancy of the Premises by Lessee, the conduct of Lessee's business , any act, omission omission, or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, therein and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (Formfactor Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment , and whether well founded or not . In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Contemporaneous Agreement (Formfactor Inc)

Indemnity. Except for Lessor's negligence and/or breach of express warranties, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorney's attorneys' and consultant's consultants' fees, expenses and/or liabilities arising out of, involving, or in dealing connection with, the occupancy of the Premises by Lessee, the conduct of Lessee's business, any act, omission or neglect of Lessee, its agents, contractors, employees or invitees Invitees, and out of any Default or Breach by Lessee in the performance in a timely manner of any obligation on Lessee's part to be lobe performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Lessor) litigated and/or reduced to judgment, and whether well founded or not Judgment. In case any action or proceeding be brought against Lessor by reason of any of the foregoing matters, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to 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.

Appears in 1 contract

Samples: Lease (Sunrise Telecom Inc)