Common use of Landlord’s Indemnity Clause in Contracts

Landlord’s Indemnity. Except to the extent of Tenant's comparative negligence or breach of an express provision of this Lease, Landlord shall indemnify, protect, defend and hold harmless the Tenant from and against all claims, loss of rent and damages, costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and liabilities arising out of any act, omission or neglect of Landlord, its agents, contractors, employees or invitees, and out of any Default or Breach 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 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 by counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance of the Premises, the indemnifying parties obligation to indemnify the other party as set forth in this Section shall be limited to the extent of the indemnifying party's negligence, and that of its agents, employees, sublessees, invitees, licensees or contractors.

Appears in 1 contract

Samples: Lease Agreement (Greatfood Com Inc)

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Landlord’s Indemnity. Except Landlord agrees to the extent of Tenant's comparative negligence or breach of an express provision of this Lease, Landlord shall indemnify, protect, defend indemnify and hold save harmless the Tenant from and against all claimsclaims of whatever nature against Tenant arising from (a) the performance by Landlord of any alterations, improvements, repairs or other work in the Building or the Premises, and (b) any negligent or otherwise wrongful act or omission of Landlord or any of its employees, whether resulting in injury or death to persons or damage to property or otherwise; provided, however, that in no event shall Landlord be liable for any loss of rent business or other consequential damages. The foregoing indemnity and damages, hold harmless agreement shall include all reasonable out-of-pocket costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and liabilities arising out of any act(including, omission or neglect of Landlordwithout limitation, attorneys’ fees and disbursements) incurred by Tenant, its partners, agents, contractorsofficers, directors, shareholders, principals, contractors and employees in or invitees, and out of in connection with any Default or Breach 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 such claim or any action or proceeding involved thereinbrought thereon, and whether or not (in the case of claims made against Tenant) litigated or reduced to judgmentdefense thereof. In case any action no event shall Landlord be obligated to indemnify or proceeding be brought against save harmless Tenant by reason from or in respect of any of claim or matter to the foregoing matters, Landlord upon notice from Tenant shall defend extent the same at results from the negligence, willful act or omission of Tenant. Landlord's expense by counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance of the Premises, the indemnifying parties obligation to indemnify the other party ’s indemnity as set forth provided for in this Section 11.3 shall be limited subject to the extent of the indemnifying party's negligence(i) Landlord’s right to defend against all claims arising pursuant thereto with counsel selected by Landlord, and that of its agents, employees, sublessees, invitees, licensees (ii) Landlord’s right to approve or contractorsreject any settlement negotiated in connection therewith in Landlord’s sole discretion.

Appears in 1 contract

Samples: American Financial Realty Trust

Landlord’s Indemnity. Except Notwithstanding any other term, obligation or condition contained in this Lease including, without limitation, the Landlord’s obligation to repair and the extent Landlord’s obligation to take out insurance and the Tenant’s obligation to pay its share of Tenant's comparative negligence or breach the costs of an express provision of this Leaseinsurance, Landlord the Tenant shall indemnify, protect, defend indemnify and hold save harmless the Tenant from and against all claims, loss of rent and damages, costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and liabilities arising out of any act, omission or neglect of Landlord, its agents, contractors, employees or invitees, and out of any Default or Breach 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 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 by counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the constructionall its servants, alterations, repair, addition to, subtraction from, improvement to or maintenance of the Premises, the indemnifying parties obligation to indemnify the other party as set forth in this Section shall be limited to the extent of the indemnifying party's negligence, and that of its agents, employees, sublesseescontractors and persons for whom the Landlord is in law responsible from and against any and all losses, claims, actions, damages, liabilities and expenses, including legal fees and disbursements in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease (except if the same is caused by the negligence of the Landlord), or any occurrence in, upon or at the Leased Premises, or the occupancy or use by the Tenant of the Leased Premises or the Property or any part thereof, or occasioned wholly or in part by an act or omission of the Tenant or of any of its servants, agents, employees, invitees, licensees licensees, sub-tenants or contractorsof persons for whom the Tenant is in law responsible or by any one permitted (by act or omission or otherwise) to be on the Leased Premises, in the Building, on the Lands, or on the Property or any part thereof by the Tenant. If the Landlord, without fault on its part, should be made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect, indemnify and hold the Landlord harmless and shall pay all costs and expenses and reasonable legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and legal fees that may be incurred or paid by the Landlord in enforcing the terms, obligations and conditions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Targanta Therapeutics Corp.)

Landlord’s Indemnity. Except to the extent of arising from Tenant's comparative negligence ’s willful misconduct or breach of an express provision of this Leasenegligence, Landlord hereby indemnifies Tenant and Tenant’s Employees, and shall indemnify, protect, defend forever save and hold harmless the Tenant and Tenant’s Employees harmless, from and against all claims, loss of rent and damages, costsobligations, liens, judgmentsclaims, penaltiesliabilities, loss costs (including, but not limited, to all attorneys’ and other professional fees and expenses), actions and causes of permitsaction, attorneys' and consultants' feesthreatened or actual, expenses and liabilities which Tenant may suffer or incur arising out of or in connection with any act, omission gross negligence or neglect willful misconduct of Landlord or any of Landlord’s Employees in or about the Project, its agents, contractors, employees or invitees, and out in each instance during the Term of any Default or Breach 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 In case of any claim or any claim, demand, action or proceeding involved thereincause of action, and whether threatened or not (in the case of claims made against Tenant) litigated or reduced to judgment. In case any action or proceeding be brought actual, against Tenant by reason of any of to which the foregoing mattersindemnity applies, Landlord upon notice from Tenant Tenant, Landlord shall defend the same Tenant at Landlord's ’s expense by counsel reasonably satisfactory to Tenant. If Landlord does not provide such a defense against any and all claims, demands, actions or causes of action, threatened or actual, then Landlord shall, in addition to the above, pay Tenant the expenses and costs incurred by Tenant shall in providing and preparing such defense, and Landlord agrees to cooperate with Landlord Tenant in such defense. Tenant need , including, but not have first paid any such claim in order to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition limited to, subtraction from, improvement to or maintenance the providing of the Premises, the indemnifying parties obligation to indemnify the other party as set forth in this Section shall be limited to the extent affidavits and testimony upon request of the indemnifying party's negligence, and that of its agents, employees, sublessees, invitees, licensees or contractorsTenant.

Appears in 1 contract

Samples: Center 21 Office Lease (Pandora Media, Inc.)

Landlord’s Indemnity. (C) Except to the extent if cause by negligence or willful act of Tenant's comparative negligence or breach of an express provision of this Lease, Landlord shall indemnify, protect, defend and hold harmless the Tenant from and against all claims, loss of rent and damages, costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and liabilities arising out of any act, omission or neglect of Landlord, its agents, contractors, employees or invitees, Landlord shall indemnify and out save harmless Tenant against and from any and all claims by or on behalf of any Default person or Breach persons, firm or firms, corporation or corporations arising from the omission of any Landlord work or thing whatsoever done by Landlord (other than by Tenant or its agents, contractor or employees of either) in and on 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 toDemised Premises, the defense common areas and the Building during the term of this Lease and during the period of time, if any, prior to the specified commencement date that Landlord may have had access to the Demised Premises for the purpose of making installations, wand will further indemnify and save harmless Tenant against and from any and all claims arising from any condition of the Demised Premises due to or pursuit arising from any willful misconduct or breach of Lease or negligence of Landlord or any of its agents, contractors or employees and against and from all reasonable costs, expenses, and liabilities incurred in connection with any such claim or any claims or action or proceeding involved therein, brought thereon; and whether or not (in the case of claims made against Tenant) litigated or reduced to judgment. In case any action or proceeding be brought against Tenant by reason of any of the foregoing matterssuch claim, Landlord Landlord, upon notice from Tenant shall defend the same Tenant, agrees that Landlord, at Landlord's expense by will resist or defend such action or proceeding and will employ counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defensetherefore. Tenant need not have first paid any such claim in order to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance of the Premises, the indemnifying parties obligation to indemnify the other party as set forth in this Section shall be limited to the extent of the indemnifying party's negligence, and that of its agents, employees, sublessees, invitees, licensees or contractors.DESTRUCTION - FIRE OR OTHER CASUALTY

Appears in 1 contract

Samples: Pt 1communications Inc

Landlord’s Indemnity. Except Subject to Section 11.12 hereof, to the maximum extent of Tenant's comparative negligence or breach of an express provision of this Leasepermitted by law, Landlord shall indemnify, protect, defend and hold harmless the Tenant Parties from and against any and all claimsClaims against any of such parties arising from (i) the performance by Landlord or any of its employees, agents or contractors of any alterations, improvements, repairs or other work in the Building or the Premises and (ii) any negligent or otherwise wrongful act or omission of Landlord or any of its employees, agents or contractors whether resulting in injury or death to persons or damage to property or otherwise, except, in each case, to the extent that any such Claim results from the negligence or otherwise wrongful act or omission of any Tenant Party. Notwithstanding anything to the contrary contained herein, in no event shall Landlord be liable for any loss of rent and damages, costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and liabilities arising out of any act, omission business or neglect of Landlord, its agents, contractors, employees other consequential or invitees, and out of any Default or Breach by Landlord in the performance in a timely manner of any obligation on Landlord's part to be performed punitive damages under this Lease. The foregoing indemnity and hold harmless agreement shall includeinclude all reasonable out-of-pocket costs, but not be limited toexpenses and liabilities (including, without limitation, reasonable attorneys’ fees and disbursements) actually incurred by the defense Tenant Parties or pursuit any of them in or in connection with any claim such Claim or any action or proceeding involved thereinbrought thereon, and whether or not (in the case of claims made against Tenant) litigated or reduced to judgmentdefense thereof. In case any action or proceeding shall be brought against the Tenant Parties or any of them by reason of any such Claim, Tenant shall notify Landlord of the foregoing mattersany such action or proceeding and Landlord, Landlord upon notice from Tenant, shall resist and defend such action or proceeding on behalf of the applicable Tenant shall defend Parties by counsel for the same at Landlord's expense insurer (if such Claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order to be so indemnifiedTenant. In the no event of concurrent negligence of shall Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance of the Premises, the indemnifying parties obligation be obligated to indemnify or save harmless the other party as set forth Tenant Parties or any of them from or in this Section shall be limited respect of any Claim to the extent the same results from the negligence or otherwise wrongful act or omission of the indemnifying party's negligence, and that Tenant Parties or any of its agents, employees, sublessees, invitees, licensees or contractorsthem.

Appears in 1 contract

Samples: Attornment Agreement (Epoch Holding Corp)

Landlord’s Indemnity. Except Landlord covenants to the extent of Tenant's comparative negligence or breach of an express provision of this Lease, Landlord shall indemnify, protect, defend indemnify and hold save harmless the Tenant from and against any and all claimsliability, loss damages, expenses, fees (including reasonable attorney’s fees), penalties, actions, causes of rent and damagesaction, suits, costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and liabilities claims or judgments arising out of from injury during said lease term to person or property occasioned wholly or in part by any act, act or omission or neglect of Landlord, its agentsemployees, contractorscustomers and invitees. Landlord shall and will, employees at its own cost and expense defend any and all suits or invitees, and out of any Default or Breach 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 or reduced to judgment. In case any action or proceeding actions that may be brought against Tenant by reason of any of the foregoing matters, Landlord or in which Tenant may be impleaded with others upon notice from Tenant shall defend the same at Landlord's expense by counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such above mentioned claim or claims, and in order to be so indemnified. In the event of concurrent negligence the failure of Landlord so to do, Tenant may, at the cost and expense of Landlord and Tenant resulting in injury upon prior written notice to Landlord, defend any and all such suits or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance of the Premises, the indemnifying parties obligation to indemnify the other party as set forth in this Section shall be limited to the extent of the indemnifying party's negligenceactions, and Landlord shall and will satisfy, pay and discharge any and all judgements that may be recovered against Tenant in any such suit or actions in which Tenant may be a party or in which Tenant shall become liable as aforesaid, then Tenant may pay the same with any interest costs or other charges which may have accrued thereon and the amount so paid by Tenant, with interest thereon at current prime interest rate per annum from the date of its agentspayment, employees, sublessees, invitees, licensees or contractorsshall become and be due and payable by Landlord and may be discharged as a credit to Tenant’s remaining rental obligation under the Lease.

Appears in 1 contract

Samples: Agreement (American Claims Evaluation Inc)

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Landlord’s Indemnity. Except Landlord shall indemnify and hold Tenant harmless from and against any and all demands, loss, liability, claims, expenses, causes of action, fines, penalties and damages arising from Landlord’s actions or inactions or any activity, work or things done, permitted or suffered by Landlord in or about the Premises pursuant to the extent of Tenant's comparative negligence Landlord’s obligations under this Lease, or Landlord’s breach of an express any provision of this Lease, Landlord and shall indemnify, protect, defend further indemnify and hold harmless the Tenant from and against any and all claimsclaims arising from the negligence or willful misconduct of Landlord or any of Landlord’s agents, loss of rent contractors, employees, licensees or invitees and damages, from and against all costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' attorney’s fees, expenses and liabilities arising out incurred in the defense of any act, omission or neglect of Landlord, its agents, contractors, employees or invitees, and out of any Default or Breach 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 such claim or any action or proceeding involved thereinbrought thereon, and whether or not (in the case of claims made against Tenant) litigated or reduced to judgment. In case any action or proceeding be brought against Tenant by reason of any of the foregoing matterssuch claim, Landlord Landlord, upon timely written notice from Tenant Tenant, shall defend the same at Landlord's expense by counsel reasonably satisfactory ’s expense. Landlord shall be entitled to Tenant timely notice and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order reasonable cooperation from Tenant, as well as to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance control of the Premisesdefense and settlement of all such claims. Landlord shall not indemnify and hold Tenant harmless from and against any demands, loss, liability, claims, expenses, causes of action, fines, penalties and damages arising from the indemnifying parties obligation to indemnify the other party as set forth in this Section shall be limited to the extent negligent or wrongful acts of the indemnifying party's negligenceTenant, and that of its agents, employees, sublesseescontractors, invitees, licensees agents or contractorsrepresentatives.

Appears in 1 contract

Samples: Office Lease (Visa Inc.)

Landlord’s Indemnity. Except Landlord shall indemnify and hold Tenant harmless from and against any and all demands, loss, liability, claims, expenses, causes of action, fines, penalties and damages arising from Landlord’s actions or inactions or any activity, work or things done, permitted or suffered by Landlord in or about the Premises pursuant to Landlord’s obligations under this Lease, including without limitation the extent construction of Tenant's comparative negligence the Premises or Landlord’s breach of an express any provision of this Lease, Landlord and shall indemnify, protect, defend further indemnify and hold harmless the Tenant from and against any and all claimsclaims arising from the negligence or willful misconduct of Landlord or any of Landlord’s agents, loss of rent contractors, employees, licensees or invitees and damages, from and against all costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' attorney’s fees, expenses and liabilities arising out incurred in the defense of any act, omission or neglect of Landlord, its agents, contractors, employees or invitees, and out of any Default or Breach 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 such claim or any action or proceeding involved thereinbrought thereon, and whether or not (in the case of claims made against Tenant) litigated or reduced to judgment. In case any action or proceeding be brought against Tenant by reason of any of the foregoing matterssuch claim, Landlord Landlord, upon timely written notice from Tenant Tenant, shall defend the same at Landlord's expense by counsel reasonably satisfactory ’s expense. Landlord shall be entitled to Tenant timely notice and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order reasonable cooperation from Tenant, as well as to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance control of the Premisesdefense and settlement of all such claims. Landlord shall not indemnify and hold Tenant harmless from and against any demands, loss, liability, claims, expenses, causes of action, fines, penalties and damages arising from the indemnifying parties obligation to indemnify the other party as set forth in this Section shall be limited to the extent negligent or wrongful acts, of the indemnifying party's negligenceTenant, and that of its employees, contractors, agents, employees, sublessees, representatives or invitees, licensees or contractors.

Appears in 1 contract

Samples: Center Lease (Visa Inc.)

Landlord’s Indemnity. Except Subject to Section 11.7 hereof, to the maximum extent of Tenant's comparative negligence or breach of an express provision of this Leasepermitted by law, Landlord shall indemnify, protect, defend and hold harmless the Tenant Parties from and against any and all claimsclaims against any of such parties to the extent arising from (i) the performance by Landlord or any of its employees, agents or contractors of any alterations, improvements, repairs or other work in the Building or the Premises and (ii) any negligent or otherwise wrongful act or omission (where there is a duty to act) of Landlord or any of its employees, agents or contractors whether resulting in injury or death to persons or damage to property or otherwise to the extent same occurs on the Property, except, in each case, to the extent that any such claim results from the negligence or willful misconduct of any Tenant Party; provided, however, that in no event shall Landlord be liable for any loss of rent business or other consequential damages. The foregoing indemnity and damages, hold harmless agreement shall include all reasonable out-of-pocket costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and liabilities arising out (including, without limitation, reasonable attorneys’ fees and disbursements) actually incurred by the Tenant Parties or any of them in or in connection with any act, omission or neglect of Landlord, its agents, contractors, employees or invitees, and out of any Default or Breach 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 such claim or any action or proceeding involved thereinbrought thereon, and whether the defense thereof. In no event shall Landlord be obligated to indemnify or not (save harmless the Tenant Parties or any of them from or in respect of any claim to the case extent the same results from the negligence or wrongful conduct of claims made against Tenant) litigated the Tenant Parties or reduced to judgmentany of them. In case any action or proceeding shall be brought against the Tenant Parties or any of them by reason of any of the foregoing matterssuch claim, Landlord Landlord, upon notice from Tenant, shall resist and defend such action or proceeding on behalf of the applicable Tenant shall defend Parties by counsel for the same at Landlord's expense insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance of the Premises, the indemnifying parties obligation to indemnify the other party as set forth in this Section shall be limited to the extent of the indemnifying party's negligence, and that of its agents, employees, sublessees, invitees, licensees or contractorsTenant.

Appears in 1 contract

Samples: Lease (Cowen Group, Inc.)

Landlord’s Indemnity. Except Landlord agrees to the extent of Tenant's comparative negligence or breach of an express provision of this Lease, Landlord shall indemnify, protect, defend indemnify and hold save harmless the Tenant from and against all claimsclaims of whatever nature against Tenant arising from (a) the performance by Landlord of any alterations, improvements, repairs or other work in the Building or the Premises, and (b) any negligent or otherwise wrongful act or omission of Landlord or any of its employees, whether resulting in injury or death to persons or damage to property or otherwise; provided, however, that in no event shall Landlord be liable for any loss of rent business or other consequential damages. The foregoing indemnity and damages, hold harmless agreement shall include all reasonable out-of-pocket costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and liabilities arising out of any act(including, omission or neglect of Landlordwithout limitation, attorneys' fees and disbursements) incurred by Tenant, its partners, agents, contractorsofficers, directors, shareholders, principals, contractors and employees in or invitees, and out of in connection with any Default or Breach 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 such claim or any action or proceeding involved thereinbrought thereon, and whether or not (in the case of claims made against Tenant) litigated or reduced to judgmentdefense thereof. In case any action no event shall Landlord be obligated to indemnify or proceeding be brought against save harmless Tenant by reason from or in respect of any of claim or matter to the foregoing matters, Landlord upon notice from Tenant shall defend extent the same at results from the negligence, willful act or omission of Tenant. Landlord's expense by counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order to be so indemnified. In the event of concurrent negligence of Landlord and Tenant resulting in injury or damage to persons or property and which relates to the construction, alterations, repair, addition to, subtraction from, improvement to or maintenance of the Premises, the indemnifying parties obligation to indemnify the other party indemnity as set forth provided for in this Section 11.3 shall be limited subject to the extent of the indemnifying party(i) Landlord's negligenceright to defend against all claims arising pursuant thereto with counsel selected by Landlord, and that of its agents, employees, sublessees, invitees, licensees (ii) Landlord's right to approve or contractorsreject any settlement negotiated in connection therewith in Landlord's sole discretion.

Appears in 1 contract

Samples: Etre Reit, LLC

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