Common use of Property Damage, Etc Clause in Contracts

Property Damage, Etc. Owner agrees to indemnify, defend, protect, save and hold Manager and all of the other Indemnified Parties harmless from any and all Losses in connection with or in any way related to the Property and from liability for damage to the Property and injuries to or death of any person whomsoever, and damage to property; provided, however, that such indemnification shall not extend to any such Losses arising out of the willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager or any of the other Indemnified Parties. Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).

Appears in 18 contracts

Samples: Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.), Management and Leasing Agreement (Behringer Harvard Reit I Inc), Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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Property Damage, Etc. Owner agrees to indemnify, defend, protect, save and hold Manager and all of the other Indemnified Parties harmless from any and all Losses in connection with or in any way related to the Property and from liability for damage to the Property and injuries to or death of any person whomsoever, and damage to property; provided, however, that such indemnification shall not extend to any such Losses arising out of the willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager or any of the other Indemnified Parties. Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that which it may do or refrain from doing, except in cases of willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).

Appears in 2 contracts

Samples: Management and Leasing Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp), Management and Leasing Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Property Damage, Etc. Owner agrees to indemnify, defend, protect, save and hold Manager and all of the other Indemnified Parties harmless from any and all Losses in connection with or in any way related to the each Property and from liability for damage to the each Property and injuries to or death of any person whomsoever, and damage to property; provided, however, that such indemnification shall not extend to any such Losses arising out of the willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager or any of the other Indemnified Parties. Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).

Appears in 1 contract

Samples: Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Property Damage, Etc. Owner agrees to indemnify, defend, protect, save and hold Manager and all of the other Manager Indemnified Parties harmless from any and all Losses in connection with or in any way related to the each Property and from liability for damage to the each Property and injuries to or death of any person whomsoever, and damage to property; provided, however, that such indemnification shall not extend to any such Losses arising out of the willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager or any of the other Manager Indemnified Parties. Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing anything that it may do or refrain from doing, except in cases of willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).

Appears in 1 contract

Samples: Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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Property Damage, Etc. Owner agrees to indemnify, defend, protect, save and hold Manager and all of the other Indemnified Parties harmless from any and all Losses in connection with or in any way related to the Property and from liability for damage to the Property and injuries to or death of any person whomsoever, and damage to property; provided, however, that such indemnification shall not extend to any such Losses arising out of the willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager or any of the other Indemnified Parties. Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing anything that it may do or refrain from doing, except in cases of willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).

Appears in 1 contract

Samples: Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Property Damage, Etc. Owner agrees to indemnify, defend, protect, save and hold Manager and all of the other Indemnified Parties harmless from any and all Losses in connection with or in any way related to the each Property and from liability for damage to the each Property and injuries to or death of any person whomsoever, and damage to property; provided, however, that such the indemnification shall not extend to any such Losses arising out of the willful misconduct, gross negligence and/or or unlawful acts (such the unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager or any of the other Indemnified Parties. Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of willful misconduct, gross negligence and/or or unlawful acts (such the unlawfulness having been adjudicated by a court of proper jurisdiction).

Appears in 1 contract

Samples: Management and Leasing Agreement (Behringer Harvard REIT II, Inc.)

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