Common use of Tenant’s Indemnification Clause in Contracts

Tenant’s Indemnification. To the extent not prohibited by law, Landlord, its partners, its managing agent, Landlord’s lessor, any mortgagee, the DOT and their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and invitees, except to the extent such liability arises from the negligence of Landlord, its property manager or its agents. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnification. To the extent not prohibited by law21.1 Tenant shall indemnify, defend and hold harmless Landlord, Landlord's asset manager, its Landlord's subasset manager, Landlord's partners, its managing agentany subsidiary or affiliate of Landlord and the officers, Landlord’s lessordirectors, shareholders, partners, employees, managers, independent contractors, attorneys and agents of any mortgageeof the foregoing (collectively, the DOT "lndemnitees") from and their respective officersagainst any and all claims, agentsdemands, servants causes of action, judgments, costs and employees shall not be liable for any damage either to person expenses, and all losses and damages (including consequential and punitive damages) arising from Tenant's use of the Demised Premises or property or resulting from the loss conduct of use thereof sustained its business or from any activity, work, or other acts or things done, permitted or suffered by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windowsDemised Premises, and shall apply without distinction as further indemnify, defend and hold harmless the Indemnitees from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this lease, or arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or any action or proceeding which may be brought against, out of or in any way related to this lease, except, in each Instance, to the person whose act extent caused by the gross negligence or neglect was responsible for the damage and whether the damage was due willful misconduct of Landlord. Upon notice from Landlord, Tenant shall defend any such claim, demand, cause of action or suit at Tenant's expertise by counsel satisfactory to any Landlord in its sole discretion. As a material part of the causes specifically enumerated above consideration to Landlord for this lease, Tenant hereby assumes all risk of damage to property or injury to some other cause persons in, upon or about the Demised Premises from any cause, except to the extent caused by the gross negligence or willful misconduct of an entirely different kindLandlord, and Tenant hereby waives all claims with respect thereto against Landlord. Tenant further agrees that all shall give immediate notice to Landlord in case of casualty or accidents in the Demised Premises. The provisions of this Article 21 shall survive the expiration or sooner termination of this lease. 21.2 All personal property upon the Premisesof Tenant, or upon loading docksincluding goods, receiving wares, merchandise, inventory, trade fixtures and holding areasother personal property of Tenant, or freight elevators of the Building shall be stored at the sole risk of Tenant only, and that Tenant. Landlord or its agents shall not be liable for any loss or damage thereto to persons or theft thereof. Without limitation property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Industrial Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other provisions hereoftenant or any officer, agent, employee, contractor or guest of any such tenant, except personal injury caused by or due to the gross negligence or willful misconduct of Landlord. Landlord or its agents shall not be liable for interference with the electrical service, ventilation, or for any latent defect in the Demised Premises. 21.3 The parties hereto acknowledge that all or a part of the Demised Premises may be used for the storage and shipment of goods not owned by Tenant, and Landlord is not willing to enter into this lease unless Tenant indemnifies the Indemnitees to Landlord's satisfaction from any liability on the part of the Indemnitees to the owner(s) of such goods for damage to the same arising out of any acts or omissions of the Indemnitees. As a material inducement to Landlord to enter into this lease, Tenant agrees to defend, protect, indemnify and save hold the Indemnitees harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against any and all liability losses, claims, liabilities, obligations and damages imposed upon or incurred or asserted against the Indemnitees by reason of damage to third parties which arose (goods of persons storing such goods with Tenant, notwithstanding the fact that such losses, claims, liabilities, obligations or which were claimed to damages may have arisen) within or without been caused by the Premises during the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and inviteesLandlord, except to the extent such liability arises caused by the gross negligence or willful misconduct of Landlord. Tenant agrees that at all times during which it shall store goods not owned by it in the Demised Premises, it shall insure the indemnity described under this Section 21.3 in a manner reasonably satisfactory to Landlord. Landlord shall not be deemed a bailee, consignee, or warehouseman (or responsible for the standard of care incidental thereto) with respect to any goods stored or shipped to or from the negligence Demised Premises for consignment or bailment and Tenant shall insert a clause to that effect in all warehouse receipts or consignment agreements for the storage or shipment of Landlord, its property manager goods to or its agents. The foregoing indemnity shall survive from the expiration or earlier termination of this LeaseDemised Premises.

Tenant’s Indemnification. To Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the extent not prohibited by law, Landlord, its partners, its managing agent, Landlord’s lessorLandlord Parties harmless from and against, any mortgageeand all claims, the DOT damages, judgments, suits, causes of action, losses, liabilities and their respective officersexpenses, agentsincluding, servants without limitation, attorneys’ fees and employees shall not be liable for any damage either to person or property court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the loss Premises following the date Landlord delivers possession of use thereof sustained by Tenant or by other persons due to the Building all or any part thereof or any appurtenances thereof becoming out portion of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and inviteesTenant, except to the extent such liability arises from caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, its property manager contractors or its agentsemployees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building and the Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building or elsewhere on the Property; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnity indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. To the extent not prohibited by law, Landlord, its partners, its managing agent, Landlord’s lessor, any mortgagee, the DOT and their respective officers, agents, servants and employees shall not be liable for any damage either Subject to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions Section 10.08 hereof, Tenant agrees to defend, protect, indemnify indemnify, hold harmless and save harmless defend Landlord, Landlord’s lessorany Mortgagee to which (as defined in Section 16.01), any mortgagee and the DOT from and against all liability to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term each of this Lease or out of acts or omissions of Tenant and its servantstheir respective partners, shareholders, members, managers, directors, officers, agents, employees, contractors, suppliersclients and invitees (collectively "Landlord's Parties") from and against any and all claims, workers actions, causes of action, judgments, fines, penalties, losses, damages (including Environmental Damages), liabilities and inviteesactual attorney's and consultant's fees and legal and other costs and expenses, including but not limited to damages for bodily injury, death and property damage to the extent caused by or related to any of the following, except to the extent such liability arises Landlord is actually compensated therefore pursuant to any policy of insurance it carries: (a) the use and occupancy of the Premises or construction thereon by Tenant or the acts or omissions of any Tenant's Parties, (b) any mechanic's lien, payment claim, suit, or other proceeding arising or related to construction or operations on the Premises by Tenant or any Tenant's Parties, (c) the Handling, presence, release, spill, leakage or migration of any Hazardous Materials in violation hereof, or any other violation of Section 6.03 hereof, or (d) any other matter occurring on or with respect to the Premises during the Lease Term, unless arising from the gross negligence or willful misconduct of any of Landlord's Parties. Nothing herein shall be interpreted or used to in any way affect, its property manager limit, reduce or its agentsabrogate any insurance coverage provided by any insurers to either Tenant or Landlord. The foregoing Notwithstanding anything to the contrary contained in this Lease, nothing herein shall be construed to infer or imply that Tenant is a partner, joint venturer, agent, employee, or otherwise acting by or at the direction of Landlord. Tenant's indemnity obligations under this Article X shall survive the expiration or earlier termination of this Leasethe Lease with respect to matters arising during the Term of the Lease or otherwise during Tenant's occupancy of the Premises.

Tenant’s Indemnification. To the extent not prohibited by law(A) Tenant shall indemnify, Landlorddefend and hold harmless Landlord and its officers, its partnersdirectors, its managing agentemployees, Landlord’s lessor, any mortgageeattorneys and agents (collectively, the DOT “Indemnitees”) from and their respective officersagainst any and all claims, agentsdemands, servants causes of action, judgments, costs and employees shall not be liable for any damage either to person expenses, and all losses and damages arising from Tenant’s use of the Premises or property or resulting from the loss conduct of use thereof sustained its business or from any activity, work, or other acts or things done, permitted or suffered by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windowsPremises, and shall apply without distinction as further indemnify, defend and hold harmless the Indemnitees from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, reasonable attorneys’ fees and disbursements, and liabilities incurred in the defense of any such claim or any action or proceeding which may be brought against, out of or in any way related to this Lease. Upon notice from Landlord, Tenant shall defend any such claim, demand, cause of action or suit at Tenant’s expense by counsel reasonably satisfactory to Landlord, it being acknowledged that counsel designated by Tenant’s insurance carrier shall be deemed satisfactory to Landlord. As a material part of the consideration to Landlord for this Lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause, and Tenant hereby waives all claims with respect thereto against Landlord except to the person whose act extent caused by the gross negligence or neglect was responsible for the damage and whether the damage was due to any willful misconduct of the causes specifically enumerated above or to some other cause of an entirely different kindLandlord. Tenant further agrees that all personal property upon shall give immediate notice to Landlord in case of casualty or accidents in the Premises, . The provisions of this subsection (A) shall survive the expiration or upon loading docks, receiving and holding areas, sooner termination of this Lease. (B) Landlord or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord its agents shall not be liable for any loss or damage thereto to persons or theft thereof. Without limitation property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other provisions hereoftenant or any officer, agent, employee, contractor or guest of any such tenant, except personal injury caused by or due to the gross negligence or willful or criminal misconduct of Landlord. In addition, Landlord or its agents shall not be liable for (i) interference with the electrical service, ventilation, or for any latent defect in the Premises, (ii) any loss or damage for which Tenant agrees is required to defendinsure, protector (iii) any loss or damage resulting from any construction, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability Alteration or repair required or permitted to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of be performed by Tenant under this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and inviteesLease, except to the extent such liability arises from caused by or due to the gross negligence or willful misconduct of Landlord, its property manager or its agents. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnification. To Except as otherwise provided in this Section 17.1 and in Section 17.2 and subject to the extent not prohibited by lawwaiver of subrogation set forth in Section 15.5, Tenant will neither hold nor attempt to hold Landlord, its partnersaffiliates, their respective Agents or Mortgagee liable for, and Tenant will indemnify, hold harmless and defend (with counsel reasonably acceptable to Landlord) Landlord, its managing agentaffiliates, Landlord’s lessortheir respective Agents and Mortgagee, from and against, any mortgagee, and all Claims incurred In connection with or arising from (i) the DOT and their respective officers, agents, servants and employees shall not be liable for any damage either to person use or property occupancy or resulting from the loss manner of use thereof sustained or occupancy of the Premises, or the use of Common Areas, by Tenant or its Agents; (ii) any activity, work or thing done, permitted or suffered by other persons due to the Building Tenant or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event its Agents in or about the Office SectionPremises or done by Tenant or its Agents in or about the Project; (iii) any acts, omissions or negligence of Tenant or its Agents in or about the Premises or the BuildingProject; (iv) any breach, violation or nonperformance by Tenant, or due to any act or neglect violation by Tenant’s Agents, of any tenant term, covenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out any law, ordinance or governmental requirement of acts any kind; (v) any injury or omissions damage to the person, property or business of Tenant or its Agents, including, without limitation, to vehicles (or the contents thereof) of Tenant or Tenant’s Agent’s that are parked in the Parking Facilities, whether incurred in connection with the removal of any vehicles of Tenant or its Agents that are parked in violation of this Lease, the Rules and its servantsRegulations or otherwise; and (vi) arising in connection with the exercise by Tenant or Tenant’s Agents of the rights granted to Tenant’s employees in connection with the Dog Visitation Policy. Notwithstanding the foregoing, agents, employees, contractors, suppliers, workers Tenant’s indemnities and invitees, except hold harmless agreements set forth in this Section 17.1 shall not apply to the extent such liability arises from that the Claim is caused by the negligence or willful misconduct of Landlord, its property manager or its agents. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnification. To Except for any injury to persons or damage to property that is caused by or results from the extent not prohibited by law, negligence or deliberate act of Landlord, its partnersemployees, its managing agentor agents, and subject to the provisions of Paragraph 9D above, Tenant shall indemnify and hold Landlord, Landlord’s lessor's wholly owned subsidiaries and the employees and agents of Landlord and Landlord's wholly owned subsidiaries, (hereinafter collectively referred to as the "Indemnified Parties" and individually as an "Indemnified Party") harmless from and against, any mortgageeand all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection with or arising from: (1) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under Tenant; (2) any activity, work, or thing done or permitted by Tenant in or about the premises, the DOT and their respective officersBuilding, or the Project; (3) any breach by Tenant or its employees, agents, servants and employees shall not be liable for contractors, or invitees of this Lease; (4) any injury or damage either to person the person, property, or property business of Tenant, its employees, agents, contractors, or resulting from invitees entering upon the loss Premises under the express or implied invitation of use thereof sustained Tenant; and: (5) any alleged violation by Tenant of the ADA and/or any other law, rule, code, or regulation. Landlord, at Landlord's expense, shall insure that the exterior of the Building complies with applicable accessibility standards imposed by other persons due the State of Texas as of the Commencement Date. However, Tenant shall be responsible for the cost of any future accessibility compliance as it relates directly to the Premises or its Proportionate Share of the cost of any future accessibility compliance as it relates to the Building or Common Areas. If any part thereof action or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant proceeding is brought against an Indemnified Party by reason of the Office Sectionforegoing Tenant, upon written notice from such Indemnified Party, shall defend the Building or of any other person or entity. This provision shall apply particularlysame at Tenant's expense, but not exclusively, with counsel reasonably satisfactory to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and invitees, except to the extent such liability arises from the negligence of Landlord, its property manager or its agents. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnification. To the extent not prohibited by lawTenant shall indemnify, Landlorddefend and hold harmless Landlord and its officers, its partnersdirectors, its managing agentowners, Landlord’s lessoremployees, any mortgageeattorneys and agents (collectively, the DOT "Landlord Indemnitees") from and their respective officersagainst any and all claims, agentsdemands, servants causes of action, judgments, costs, expenses, and employees shall not be liable for any damage either to person all losses and damages (including consequential and punitive damages) arising from Tenant's use of the Premises or property or resulting from the loss conduct of use thereof sustained its business or from any activity, work, or other acts or things done, permitted or suffered by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windowsPremises, and shall apply without distinction as to further indemnify, defend and hold harmless the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT Indemnitees from and against any and all liability claims arising from any breach or default in the performance of any obligation on Tenant's part to third parties be performed under the terms of this Lease, or arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, reasonable attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or any action or proceeding which arose (may be brought against, out of or which were claimed in any way related to have arisenthis Lease. Tenant's indemnity obligations set forth in this Section 13.3(a) within shall not operate or without apply to any such claim(s) arising from Landlord's negligence or willful misconduct. Upon notice from Landlord, Tenant shall defend any such claim, demand, cause of action or suit at Tenant's expense by counsel satisfactory to Landlord in its sole discretion. As a material part of the consideration to Landlord for this Lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises during from any cause, and Tenant hereby waives all claims with respect thereto against the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and inviteesIndemnitees, except to the extent such liability arises from Landlord is obligated to indemnify Tenant pursuant to Section 13.3(b). Tenant shall give immediate notice to Landlord in case of casualty or accidents in the negligence of Landlord, its property manager or its agentsPremises. The foregoing indemnity provisions of this Section 13.3(a) shall survive the expiration or earlier sooner termination of this Lease.

Tenant’s Indemnification. To the extent not prohibited by law(A) Tenant shall indemnify, Landlorddefend and hold harmless Landlord and its officers, its partnersdirectors, its managing agentemployees, Landlord’s lessor, any mortgageeattorneys and agents (collectively, the DOT "Indemnitees") from and their respective officersagainst any and all claims, agentsdemands, servants causes of action, judgments, costs, expenses, and employees shall not be liable for any damage either to person all losses and damages (including consequential and punitive damages) arising from Tenant's use of the Premises or property or resulting from the loss conduct of use thereof sustained its business or from any acts permitted or suffered by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windowsPremises, and shall apply without distinction as further indemnify, defend and hold harmless the Indemnitees from and against any and all claims arising from any breach in Tenant's performance under this Lease, or arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or any action or proceeding in any way related to the person whose act or neglect was responsible for the damage and whether the damage was due to this Lease. Upon notice from Landlord, Tenant shall defend any of the causes specifically enumerated above or to some other such claim, demand, cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, action or upon loading docks, receiving and holding areas, suit at Tenant's (B) Landlord or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord its agents shall not be liable for any loss or damage thereto to persons or theft thereof. Without limitation property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other provisions tenant or any officer, agent, employee, contractor or guest of any such tenant, except personal injury caused by or due to the gross negligence or willful or criminal misconduct of Landlord. In addition, Landlord or its agents shall not be liable for (i) interference with the electrical service, ventilation, or for any latent defect in the Premises, except as provided in Section 2.01 hereof, (ii) any loss or damage for which Tenant agrees is required to defendinsure or (iii) any loss or damage resulting from any construction, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability Alterations or repair required or permitted to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out of acts or omissions of be performed by Tenant and its servants, agents, employees, contractors, suppliers, workers and invitees, except to the extent such liability arises from the negligence of Landlord, its property manager or its agents. The foregoing indemnity shall survive the expiration or earlier termination of under this Lease.

Tenant’s Indemnification. To Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the extent not prohibited by law, Landlord, its partners, its managing agent, Landlord’s lessorLandlord Parties harmless from and against, any mortgageeand all claims, the DOT damages, judgments, suits, causes of action, losses, liabilities and their respective officersexpenses, agentsincluding, servants without limitation, attorneys’ fees and employees shall not be liable for any damage either to person or property court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the loss Premises following the date Landlord delivers possession of use thereof sustained by Tenant or by other persons due to the Building all or any part thereof or any appurtenances thereof becoming out portion of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and inviteesTenant, except to the extent such liability arises from caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, its property manager contractors or its agentsemployees, (b) any act or omission of Tenant or any of Tenant’s Parties in connection with Tenant’s occupancy of the Premises during the Term, as the same may be extended; (c) the use of the Premises, the Building and the Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building or elsewhere on the Property; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease. The foregoing indemnity indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. To Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the extent not prohibited by law, Landlord, its partners, its managing agent, Landlord’s lessorLandlord Parties harmless from and against, any mortgageeand all claims, the DOT damages, judgments, suits, causes of action, losses, liabilities and their respective officersexpenses, agentsincluding, servants without limitation, attorneys’ fees and employees shall not be liable for any damage either to person or property court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the loss Premises following the date Landlord delivers possession of use thereof sustained by Tenant or by other persons due to the Building all or any part thereof or any appurtenances thereof becoming out portion of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and inviteesTenant, except to the extent such liability arises from caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, its property manager contractors or its agentsemployees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnity indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. To the extent not prohibited by law(A) Tenant shall indemnify, Landlorddefend and hold harmless Landlord and its officers, its partnersdirectors, its managing agentemployees, Landlord’s lessor, any mortgageeattorneys and agents (collectively, the DOT "Indemnitees") from and their respective officersagainst any all claims, agentsdemands, servants causes of action, judgments, costs and employees shall not be liable for any damage either to person expenses, and all losses and damages (including consequential and punitive damages ) arising from Tenant's use of the Premises or property or resulting from the loss conduct of use thereof sustained its business or form any activity, work or other acts or things done, permitted or suffered by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windowsPremises, and shall apply without distinction as further indemnify, defend and hold harmless the Indemnitees from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the person whose act terms of this Lease, or neglect was responsible arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or any action or proceeding which may be brought against, out of for the damage and whether the damage was due in any way related to this Lease. Upon notice from Landlord, Tenant shall defend any such claim, demand, cause of action or suit at Tenant's expense by counsel satisfactory to Landlord in its sole discretion. As a material part of the causes specifically enumerated above consideration to Landlord for this Lease, Tenant hereby assumes all risk of damage to property or injury to some other cause of an entirely different kindpersons in, upon or about the Premises from any cause, and Tenant hereby waives all claims with respect thereto against Landlord. Tenant further agrees that all shall give immediate notice to Landlord in case of casualty or accidents in the Premises. The provisions of this Section shall survive the expiration or sooner termination of this Lease. (B) All personal property upon the Premisesof Tenant, or upon loading docksincluding goods, receiving wares, merchandise, inventory, trade fixtures and holding areasother personal property of Tenant, or freight elevators of the Building shall be stored at the sole risk of Tenant only, and that Tenant. Landlord or its agents shall not be liable for any loss or damage thereto to persons or theft thereofproperty resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from the pies, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, except personal injury or other damages caused by or due to the gross negligence or willful misconduct of Landlord. Without limitation Landlord or its agents shall not be liable for interference with the electrical service, ventilation, or for any latent defect in the Premises. (C) The parties hereto acknowledge that all or part of the Premises may be used for the storage and shipment of goods not owned by Tenant, and Landlord is not willing to enter into this Lease unless Tenant indemnifies the Indemnitees to Landlord's satisfaction form any liability on the part of the Indemnitees to the owner(s) of such goods for damage to the same arising out of any other provisions hereofacts or omissions of the Indemnitees. As a material inducement to Landlord to enter into this Lease, Tenant agrees to defend, protect, indemnify and save hold the Indemnitees harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against any and all liability losses, claims, liabilities, obligations and damages imposed upon or incurred or asserted against the Indemnitees by reason of damage to third parties which arose (goods of persons string such goods with Tenant, notwithstanding the fact that such losses, claims, liabilities, obligations or which were claimed to damages may have arisen) within or without been caused by the Premises during the Term of this Lease or out of acts or omissions of Landlord. Tenant and its servantsagrees that at all times during which it shall store goods not owned by it in the Premises, agentsit shall insure the indemnity described under this Section 4.03(C) in a manner reasonably satisfactory to Landlord. Landlord shall not be deemed a bailee, employeesconsignee, contractors, suppliers, workers and invitees, except or warehouseman (or responsible for the standard of care incidental thereto) with respect to the extent such liability arises any goods stored or shipped to or from the negligence Premises for consignment or bailment and Tenant shall insert a clause to that effect in all warehouse receipts or coassignment agreements for the storage or shipment of Landlord, its property manager goods to or its agents. The foregoing indemnity shall survive from the expiration or earlier termination of this LeasePremises.

Tenant’s Indemnification. To (A) Tenant shall indemnify, protect, defend and hold harmless Landlord and its officers, directors, employees, shareholders, attorneys and agents (collectively, the "Indemnitees") from and against any and all claims, demands, causes of action, judgments, costs, expenses, and all losses and damages (including consequential damages but only to the extent not prohibited by lawpermitted pursuant to Section 4.14 below) (collectively, Landlord"Claims") arising from or in connection with any cause in, on or about the Premises, any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or any acts or omissions of Tenant or any person claiming by, through or under Tenant its partners, its managing agent, Landlord’s lessor, any mortgagee, the DOT and their respective officers, agents, servants servants, employees and employees shall not be liable for any damage either to person or property or resulting from independent contractors (collectively, the loss of use thereof sustained by "Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repairParties"), or due to the happening of any accident or event in on or about the Office SectionProject, the Premises or the Buildingeither prior to, during, or due to any act or neglect after the expiration of the Term, and from all costs, attorneys' fees and disbursements, and liabilities incurred in the defense of any tenant such claim or occupant of the Office Sectionany action or proceeding which may be brought against, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability to third parties which arose (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and inviteesin any way related to this Lease, except to the extent caused by the negligence or willful or criminal misconduct of any Indemnitee. Upon notice from Landlord, Tenant shall defend any such liability arises Claim at Tenant's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord for this Lease and because Tenant is required to insure all of its Tenant Improvements and its furniture, fixtures and equipment and because of the requirement to provide waivers of subrogation, Tenant hereby assumes all risk of damage to property in, upon or about the Premises from any cause whatsoever, including if attributable in whole or in part to the act, omission or active or passive negligence of Landlord. Tenant hereby assumes all risk of injury to persons in, its property manager upon or its agentsabout the Premises from any cause whatsoever, except only to the extent caused by the negligence or willful or criminal conduct of Landlord, and Tenant hereby waives all Claims with respect to the matters covered in the two preceding sentences against Landlord. The foregoing indemnity Tenant shall survive the expiration give immediate notice to Landlord in case of casualty or earlier termination of this Lease.accidents in the

Tenant’s Indemnification. To Subject to Section 15.05, to the extent not expressly prohibited by lawapplicable Legal Requirements and except to the extent caused by the negligence or willful misconduct of Landlord or any Mortgagees, any Ground Lessors, and the Board of Managers and each of their respective beneficiaries, mortgagees, stockholders, agents (including, without limitation, management agents), partners, officers, servants and employees, and their respective agents, partners, officers, servants and employees (collectively, the “Landlord Indemnified Parties”), Tenant shall indemnify, defend and hold harmless Landlord and the other Landlord Indemnified Parties from and against any and all claims by any person other than any of the Landlord Indemnified Parties arising from or in connection with (a) the conduct or management of the Premises or of any business therein, or any work or thing whatsoever done, or any condition created (other than by Landlord, its agents, or employees) in or about the Premises during the term of this Lease or during the period of time, if any, prior to the commencement of the term of this Lease that Tenant shall have been given access to the Premises (and shall have actually accessed the Premises); (b) any negligent act or omission (where there is a duty to act) of Tenant or any of its subtenants or licensees or its or their members, partners, its managing agentdirectors, Landlord’s lessorprincipals, any mortgageeshareholders, the DOT and their respective officers, agents, servants and employees shall not be liable for or contractors; (c) any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repairaccident, or due to the happening of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other person or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, receiving and holding areas, or freight elevators of the Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss injury or damage thereto or theft thereof. Without limitation of any other provisions hereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord, Landlord’s lessor, any mortgagee and the DOT from and against all liability to third parties which arose whatever (or which were claimed to have arisen) within or without the Premises during the Term of this Lease or out of acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workers and invitees, except to the extent such liability arises from caused by Landlord’s negligence or the negligence of any of the Landlord Indemnified Parties) occurring in, at or upon the Premises; and (d) any breach or default by Tenant of Tenant’s obligations under this Lease beyond any applicable periods of notice and cure; together with all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including, without limitation, all reasonable attorneys’ fees and expenses. Landlord may, at its option, repair such damage or replace such loss, and Tenant shall within thirty (30) days after demand by Landlord reimburse Landlord for all costs of such repairs, replacement and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. In the event any action or proceeding is brought against Landlord or any of the other Landlord Indemnified Parties by reason of any such claims, then, upon notice from Landlord, its property manager Tenant covenants to defend such action or its agents. The foregoing indemnity proceeding by counsel reasonably satisfactory to Landlord (it being understood and agreed that counsel designated by Tenant’s insurer shall survive the expiration or earlier termination of this Leasebe deemed to be reasonably satisfactory).