Common use of Landlord Indemnification Clause in Contracts

Landlord Indemnification. Landlord hereby indemnifies, defends and holds Tenant harmless from and against any and all Losses actually suffered or incurred by Tenant as the sole and direct result of any negligent, willful or intentional acts or omissions of any or all of Landlord, Agent and any OF THEIR AGENTS OR EMPLOYEES; ANY BREACH BY LANDLORD OF ITS REPRESENTATIONS AND WARRANTIES PURSUANT TO THIS LEASE; AND ANY ACCIDENT, INJURY OR DAMAGE (UNLESS CAUSED BY TENANT'S OR ANY TENANT'S PARTIES' NEGLIGENCE) OCCURRING IN, AT OR UPON EITHER OR BOTH OF THE PROPERTY AND PREMISES AND CAUSED BY LANDLORD, AGENT OR ANY OF THEIR AGENTS OR EMPLOYEES parties' within the direct and sole control of either or both of Landlord and Agent. In the event that any action or proceeding is brought against Tenant, and the foregoing indemnity is applicable to such action or proceeding, then Landlord, upon notice from Tenant, shall resist and defend such action or proceeding by counsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the liability of Landlord to Tenant shall be limited to the interest of Landlord in the Property, and Tenant agrees to look solely to Landlord's interest in the Property for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this SECTION 17.2.2 shall survive the expiration or termination of this Lease.

Appears in 2 contracts

Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp

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Landlord Indemnification. Landlord hereby indemnifies, defends defends, and holds Tenant, Guarantor, and any of their affiliates (collectively, “Tenant Indemnified Parties”) harmless from and against any and all Losses actually suffered arising from or incurred by Tenant as the sole in connection with any negligence or willful misconduct of Landlord and direct result of any negligent, willful or intentional acts or omissions of any or all of its member, partners, officers, directors, employees, invitees, managers, contractors, and representatives (collectively, “Landlord’s Parties”), Agent and any OF THEIR AGENTS OR EMPLOYEES; ANY BREACH BY LANDLORD OF ITS REPRESENTATIONS AND WARRANTIES PURSUANT TO THIS LEASE; AND ANY ACCIDENTin or about the Premises during the Term (collectively, INJURY OR DAMAGE (UNLESS CAUSED BY TENANT'S OR ANY TENANT'S PARTIES' NEGLIGENCE) OCCURRING IN, AT OR UPON EITHER OR BOTH OF THE PROPERTY AND PREMISES AND CAUSED BY LANDLORD, AGENT OR ANY OF THEIR AGENTS OR EMPLOYEES parties' within the direct and sole control of either or both of Landlord and Agent“Landlord’s Indemnified Matters”). In the event that case any action or proceeding is brought against Tenant, any or all of Tenant and the foregoing indemnity is applicable to such action or proceedingTenant Indemnified Parties by reason of any of Landlord’s Indemnified Matters, then Landlord, upon notice from any or all of Tenant, shall resist and defend such action or proceeding by counsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the liability of Landlord to Tenant Tenant, whether under this Section 17.3 or any other provision of this Lease, shall be limited to the interest of Landlord in the PropertyPremises, and Tenant agrees to look solely to Landlord's ’s interest in the Property Premises (and the profits and proceeds thereof) for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this SECTION 17.2.2 Section 17.3 shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Industrial Building Lease (Lenox Group Inc)

Landlord Indemnification. Landlord hereby indemnifiesshall indemnify, defends protect, defend and holds hold harmless Tenant harmless and its agents, employees, partners, officers, affiliates, subsidiaries, members, managers, directors, lenders, and representatives (“Tenant’s Indemnitees”) from and against any and all Losses actually suffered losses, damages (whether actual or incurred otherwise), liabilities, actions, causes of action (whether legal, equitable or administrative), claims, judgments, costs, and expenses, including Tenant’s Indemnitees reasonable attorneys’ fees and disbursements, and court costs which Tenant may suffer or incur arising out of, involving, or in connection with, the use or occupancy of the Premises, or any portion thereof, by Tenant as Landlord, the sole and direct result conduct of Landlord’s business, any negligent, grossly negligent act or willful or intentional acts or omissions of any or all misconduct of Landlord, Agent its agents, contractors, employees, or invitees, and out of any OF THEIR AGENTS OR EMPLOYEES; ANY BREACH BY LANDLORD OF ITS REPRESENTATIONS AND WARRANTIES PURSUANT TO THIS LEASE; AND ANY ACCIDENTdefault or breach by Landlord in the performance in a timely manner of any obligation on Landlord’s part to be performed under this Lease, INJURY OR DAMAGE (UNLESS CAUSED BY TENANT'S OR ANY TENANT'S PARTIES' NEGLIGENCE) OCCURRING INunless caused by the negligence or willful misconduct of Tenant, AT OR UPON EITHER OR BOTH OF THE PROPERTY AND PREMISES AND CAUSED BY LANDLORDits agents or employees. The foregoing shall include, AGENT OR ANY OF THEIR AGENTS OR EMPLOYEES parties' within but not be limited to, the direct defense or pursuit of any claim or any action or proceeding involved therein, and sole control whether or not, in the case of either or both of Landlord and Agentclaims made against Tenant’s Indemnitees, litigated and/or reduced to judgment. In the event that case any action action, suit or proceeding is brought against Tenant, and ’s Indemnitees by reason of any of the foregoing indemnity is applicable to such action or proceedingmatters, then Landlord, upon notice from Tenant, shall resist and defend such action or proceeding the same at Landlord’s expense by counsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the liability of Landlord to Tenant shall be limited to the interest of Landlord in the Propertyselected by Landlord, and Tenant agrees to look solely to Landlord's interest shall cooperate with Landlord in the Property for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this SECTION 17.2.2 shall survive the expiration or termination of this Leasesuch defense.

Appears in 1 contract

Samples: Lease (Diamond Resorts Parent, LLC)

Landlord Indemnification. Subject to the provisions of Section 10.3 hereof with respect to waiver of subrogation, Landlord hereby indemnifies, defends and holds Tenant harmless from and against any and all Losses claims, expenses, losses, costs, damages (actual, but not consequential or speculative), judgments, causes of action, administrative proceedings, penalties, fines, liabilities, and third party expenses (including, but not limited to, court costs and attorneys’ reasonable fees) actually suffered or incurred by Tenant caused (i) as the sole and direct result of any negligent, willful or intentional acts or omissions of any or all of Landlord, Agent and any OF THEIR AGENTS OR EMPLOYEES; ANY BREACH BY LANDLORD OF ITS REPRESENTATIONS AND WARRANTIES PURSUANT TO THIS LEASE; AND ANY ACCIDENT, INJURY OR DAMAGE (UNLESS CAUSED BY TENANT'S OR ANY TENANT'S PARTIES' NEGLIGENCE) OCCURRING IN, AT OR UPON EITHER OR BOTH OF THE PROPERTY AND PREMISES AND CAUSED BY LANDLORD, AGENT OR ANY OF THEIR AGENTS OR EMPLOYEES parties' within parties under the direct and sole control of either or both of Landlord and Agentor Agent or (ii) by the existence of any Hazardous Substances on or in the Premises, to the extent that such Hazardous Substances were on or in the Premises prior to the Commencement Date or after the Commencement Date unless caused by Tenant. In the event that any action or proceeding is brought against Tenant, and the foregoing indemnity is applicable to such action or proceeding, then Landlord, upon notice from Tenant, shall resist and defend such action or proceeding by counsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the liability of Landlord to Tenant shall be limited to the interest of Landlord in the Property, and Tenant agrees to look solely to Landlord's ’s interest in the Property for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this SECTION Section 17.2.2 shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Digital Lightwave Inc

Landlord Indemnification. Landlord hereby indemnifies, defends and holds Tenant harmless from and against any and all Losses claims, losses, costs, damages (actual, but not consequential or speculative), judgments, causes of action, administrative proceedings and third party expenses (including, but not limited to, court costs and attorneys’ reasonable fees) actually suffered or incurred by Tenant as the sole and direct result of any negligent, willful or intentional acts or omissions of any or all of Landlord, Agent and any OF THEIR AGENTS OR EMPLOYEES; ANY BREACH BY LANDLORD OF ITS REPRESENTATIONS AND WARRANTIES PURSUANT TO THIS LEASE; AND ANY ACCIDENT, INJURY OR DAMAGE (UNLESS CAUSED BY TENANT'S OR ANY TENANT'S PARTIES' NEGLIGENCE) OCCURRING IN, AT OR UPON EITHER OR BOTH OF THE PROPERTY AND PREMISES AND CAUSED BY LANDLORD, AGENT OR ANY OF THEIR AGENTS OR EMPLOYEES parties' parties within the direct and sole control of either or both of Landlord and Agent. In the event that any action or proceeding is brought against Tenant, and the foregoing indemnity is applicable to such action or proceeding, then Landlord, upon notice from Tenant, shall resist and defend such action or proceeding by counsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the liability of Landlord to Tenant shall be limited to the interest of Landlord in the PropertyPremises (which Landlord hereby agrees shall in no event be less than twenty percent (20%) of the market value of the Premises), and Tenant agrees to look solely to Landlord's ’s interest in the Property Premises for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this SECTION 17.2.2 Section I7.2.2 shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Bway Corp

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Landlord Indemnification. Landlord hereby indemnifies, defends defends, and holds Tenant, Guarantor, and any of their affiliates (collectively, “Tenant Indemnified Parties”) harmless from and against any and all Losses actually suffered arising from or incurred by Tenant as the sole in connection with any negligence or willful misconduct of Landlord and direct result of any negligent, willful or intentional acts or omissions of any or all of its member, partners, officers, directors, employees, invitees, managers, contractors, and representatives (collectively, “Landlord’s Parties”), Agent and any OF THEIR AGENTS OR EMPLOYEES; ANY BREACH BY LANDLORD OF ITS REPRESENTATIONS AND WARRANTIES PURSUANT TO THIS LEASE; AND ANY ACCIDENTin or about the Premises during the Term (collectively, INJURY OR DAMAGE (UNLESS CAUSED BY TENANT'S OR ANY TENANT'S PARTIES' NEGLIGENCE) OCCURRING IN, AT OR UPON EITHER OR BOTH OF THE PROPERTY AND PREMISES AND CAUSED BY LANDLORD, AGENT OR ANY OF THEIR AGENTS OR EMPLOYEES parties' within the direct and sole control of either or both of Landlord and Agent“Landlord’s Indemnified Matters”). In the event that case any action or proceeding is brought against Tenant, any or all of Tenant and the foregoing indemnity is applicable to such action or proceedingTenant Indemnified Parties by reason of any of Landlord’s Indemnified Matters, then Landlord, upon notice from any or all of Tenant, shall resist and defend such action or proceeding by counsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the liability of Landlord to Tenant Tenant, whether under this Section Error! Reference source not found. or any other provision of this Lease, shall be limited to the interest of Landlord in the PropertyPremises, and Tenant agrees to look solely to Landlord's ’s interest in the Property Premises (and the profits and proceeds thereof) for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this SECTION 17.2.2 Section 17.3 shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Lenox Group Inc)

Landlord Indemnification. Landlord hereby indemnifies, defends and holds Tenant harmless from and against any and all Losses actually suffered or incurred by Tenant as the sole and direct result of (i) any negligent, willful or intentional acts or omissions of any or all of Landlord, Agent and any OF THEIR AGENTS OR EMPLOYEES; ANY BREACH BY LANDLORD OF ITS REPRESENTATIONS AND WARRANTIES PURSUANT TO THIS LEASE; AND ANY ACCIDENT, INJURY OR DAMAGE (UNLESS CAUSED BY TENANT'S OR ANY TENANT'S PARTIES' NEGLIGENCE) OCCURRING IN, AT OR UPON EITHER OR BOTH OF THE PROPERTY AND PREMISES AND CAUSED BY LANDLORD, AGENT OR ANY OF THEIR AGENTS OR EMPLOYEES parties' parties within the direct and sole control of either or both of Landlord and AgentAgent or (ii) any default by Landlord hereunder. In the event that any action or proceeding is brought against Tenant, and the foregoing indemnity is applicable to such action or proceeding, then Landlord, upon notice from Tenant, shall resist and defend such action or proceeding by counsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the liability of Landlord to Tenant shall be limited to the interest of Landlord in the Property, the rents therefrom, and any available insurance proceeds and Tenant agrees to look solely to Landlord's ’s interest in the Property Property, the rents therefrom and any available insurance proceeds for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this SECTION Section 17.2.2 shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Makemusic Inc

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