Common use of Liability & Indemnity Clause in Contracts

Liability & Indemnity. Subject to the provisions of the Parking License, and except for any claims and liability which could have been asserted against Landlord if Landlord were not the owner of the Premises or if Landlord were not a party to this Lease, Tenant covenants and agrees that Landlord is to be free from liability and claim for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever while in, upon or in any way connected with the Premises during the Lease Term or any extension hereof, or any occupancy hereunder, Tenant hereby covenants and agrees to indemnify and save harmless Landlord from all liability, loss, costs and obligations on account of or arising out of any such injuries or losses, however occurring, unless caused by the sole and gross negligence or willful misconduct of Landlord, its agents, employees, or invitees, or as a result of the use by Landlord, or any of its sublicensees of the Premises pursuant to the Parking License (with such liability, loss, costs and obligations to be governed by the terms and conditions of the Parking License). Landlord agrees that Tenant shall have the right to contest the validity of any and all such claims and defend, settle and compromise any and all such claims of any kind or character and by whomsoever claimed, in the name of Landlord, as Tenant may deem necessary, provided that the expenses thereof shall be paid by Tenant. The provisions of this Section shall survive the expiration or other termination of this Lease for a period of six (6) years.

Appears in 2 contracts

Samples: Modification Agreement, Land and Improvements Lease

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Liability & Indemnity. Subject to the provisions of the Parking License, and except Except for any claims and liability which could have been asserted against Landlord if Landlord were not the owner of the Premises or if Landlord were not a party to this Lease, Tenant covenants and agrees that Landlord is to be free from liability and claim for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever while in, upon or in any way connected with the Premises during Premises. During the Lease Term or any extension hereof, or any occupancy hereunder, Tenant hereby covenants and agrees to indemnify and save harmless Landlord from all liability, loss, costs and obligations on account of or arising out of any such injuries or losses, however occurring, unless caused by the sole and gross negligence or willful misconduct of Landlord, its agents, employees, or invitees, or as a result of the use by Landlord, or any of its sublicensees of the Premises pursuant to the Parking License (with such liability, loss, costs and obligations to be governed by the terms and conditions of the Parking License). Landlord agrees that Tenant shall have the right to contest the validity of any and all such claims and defend, settle and compromise any and all such claims of any kind or character and by whomsoever claimed, in the name of Landlord, as Tenant may deem necessary, provided that the expenses thereof shall be paid by Tenant. The provisions of this Section shall survive the expiration or other termination of this Lease for a period of six two (62) years.

Appears in 2 contracts

Samples: Land and Improvements Lease, Land and Improvements Lease

Liability & Indemnity. Subject to the provisions of the Parking License, and except Except for any claims and liability which could have been asserted against Landlord if Landlord were not the owner of the Premises or if Landlord were not a party to this Lease, Tenant covenants and agrees that Landlord is to be free from liability and claim for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever while in, upon or in any way connected with the Premises during the term of this Lease Term or any extension hereof, or any occupancy hereunder, Tenant hereby covenants covenanting and agrees agreeing to indemnify and save harmless Landlord from all liability, loss, costs and obligations on account of or arising out of any such injuries or losses, however occurring, unless caused by the sole and gross negligence or willful misconduct of Landlord, its agents, employees, or invitees, or invitees as established by a result court of the use by Landlord, or any of its sublicensees of the Premises pursuant to the Parking License (with such liability, loss, costs and obligations to be governed by the terms and conditions of the Parking License)competent jurisdiction. Landlord agrees that Tenant shall have the right to contest the validity of any and all such claims and defend, settle and compromise any and all such claims of any kind or character and by whomsoever claimed, in the name of Landlord, as Tenant may deem necessary, provided that the expenses thereof shall be paid by Tenant. The provisions of this Section shall survive the expiration or other termination of this Lease for a period of six (6) yearsLease.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Liability & Indemnity. Subject Contractor will defend, indemnify and hold harmless Xxxx'x from and against all liabilities, costs, damages, claims and expenses, including reasonable attorneys fees, arising from or related to any actual or alleged (i) breach by Contractor of any representation, warranty (express or implied), covenant, or obligation under this Agreement; (ii) action, claim or proceeding of any nature brought or threatened against Xxxx'x by any Customer arising from or related to the provisions of the Parking License, and except for any claims and liability which could have been asserted against Landlord if Landlord were not the owner of the Premises Contractor Services provided by Contractor; (iii) defective or if Landlord were not a party to this Lease, Tenant covenants and agrees that Landlord is to be free from liability and claim for damages by reason of any injury to any person non-compliant Contractor Services; or persons, including Tenant, (iv) negligent act or property of any kind whatsoever and to whomsoever while in, upon or in any way connected with the Premises during the Lease Term or any extension hereof, or any occupancy hereunder, Tenant hereby covenants and agrees to indemnify and save harmless Landlord from all liability, loss, costs and obligations on account of or arising out of any such injuries or losses, however occurring, unless caused by the sole and gross negligence omission or willful misconduct of Landlord, Contractor or its agents, employees, or invitees, or as a result of the use by Landlord, or any of its sublicensees of the Premises pursuant to the Parking License (with such liability, loss, costs and obligations to be governed by . Contractor agrees that the terms and conditions of the Parking License). Landlord agrees that Tenant shall have the right to contest the validity of any and all such claims and defend, settle and compromise any and all such claims of any kind or character and by whomsoever claimed, in the name of Landlord, as Tenant may deem necessary, provided that the expenses thereof shall be paid by Tenant. The provisions of this Section shall survive the expiration or other any termination of this Lease for a period of six Agreement. XXXX'X SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY LOST REVENUE, LOST PROFITS OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED ON BREACH OR DEFAULT UNDER THIS AGREEMENT OR ANY OTHER FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF XXXX'X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXX’X CUMULATIVE LIABILITY TO CONTRACTOR, ITS SUCCESSORS OR ASSIGNS FOR ANY CLAIMS HEREUNDER SHALL NOT EXCEED THE LESSER OF (61) years$500.00 OR (2) THE AMOUNT PAID TO XXXX'X FROM CONTRACTOR UNDER THIS AGREEMENT.

Appears in 2 contracts

Samples: Training and Referral Agreement, Training and Referral Agreement

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Liability & Indemnity. Subject to the provisions of the Parking License, License and except for any claims and liability liabilities which could have been asserted against Landlord if Landlord were not the owner of the Premises or if Landlord were not a party to this Lease, Tenant covenants and agrees that Landlord is to shall be free from liability and claim for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever while in, upon or in any way connected with the Premises during the term of this Lease Term or any extension hereof, or any occupancy hereunder, and Tenant hereby covenants and agrees to indemnify unconditionally indemnify, protect, defend and save hold harmless Landlord Landlord, its Council members, officers, employees, volunteers and agents from any and all liabilityclaims, lossdemands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, all cleanup actions of any kind, and all costs and obligations on account expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and costs of defense, arising, directly or arising out of any such injuries indirectly, in whole or lossesin part, however occurringtherefrom, unless caused by the sole and gross negligence or willful misconduct of Landlord, its agents, employees, employees or invitees, invitees or as a result of the use by Landlord, or any of its sublicensees sublicensees, of the Premises pursuant Parking Facility subject to the Parking License (with such liability, loss, costs and obligations to be governed by the terms and conditions of the Parking License). Landlord agrees that Tenant shall have the right to contest the validity of any and all such claims and defend, settle and compromise any and all such claims of any kind or character and by whomsoever claimed, in the name of Landlord, as Tenant may deem necessary, provided that the expenses thereof shall be paid by Tenant. The provisions of this Section section shall survive the expiration or other termination of this Lease for a period of six one (61) yearsyear. Tenant expressly agrees and acknowledges that the obligations of Tenant under this Article 11 apply to any assignee of Tenant who becomes the Tenant under Section 15(a) below, subject to the provisions of Section 15(b) below.

Appears in 1 contract

Samples: Standard Office Lease (Limelight Networks, Inc.)

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