Common use of Tenant’s Indemnification Clause in Contracts

Tenant’s Indemnification. Tenant shall defend, indemnify and save harmless Landlord and its agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: (i) any work or thing done in, on or about the Demised Premises or any part thereof by or at the instance of Tenant, or any of its invitees, (ii) any negligent or otherwise wrongful act or omission on the part of Tenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, and (iv) any failure on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed or complied with. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall, at Tenant's expense, resist or defend such action or proceeding by counsel approved by Landlord, which approval Landlord shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by Landlord.

Appears in 2 contracts

Samples: Blue Hill Plaza Lease (Quintel Entertainment Inc), Frontline Communication Corp

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Tenant’s Indemnification. To the extent not expressly prohibited by law, Tenant shall defend, agrees to hold harmless and indemnify and save harmless Landlord and its agents Landlord’s Related Parties from and employees against claims and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: (i) any work for injuries to all persons and damage to or thing done in, on theft or misappropriation or loss of property occurring in or about the Demised Premises arising from Tenant’s occupancy of the Premises or any part thereof the conduct of its business, or from activity, work, or thing done, permitted or suffered by or at the instance of Tenant, its employees, agents, guests or any of its inviteesinvitees in or about the Premises and the Building, or (ii) from any negligent breach or otherwise wrongful act or omission default on the part of Tenant in the performance of any covenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, and (iv) any failure agreement on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed pursuant to the terms of this Lease, or complied with(iii) due to any other act or omission of Tenant, its agents, employees, guests or invitees, or (iv) if any person, not a party to this Lease, shall institute an action against Tenant in which Landlord or Landlord’s Related Parties shall be made a party. Landlord may, at its option, repair such damage or replace such loss, and Tenant shall upon 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 case the event any action or proceeding is brought against Landlord or Landlord’s Related Parties by reason of any such claimclaims, Tenant then, upon notice from Landlord shallLandlord, at Tenant's expense, resist or Tenant covenants to defend such action or proceeding by counsel approved by Landlord, which approval Landlord shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by reasonably satisfactory to Landlord.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Catabasis Pharmaceuticals Inc)

Tenant’s Indemnification. Except to the extent arising from the negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, Tenant shall be liable for, and shall indemnify, defend, indemnify protect and save harmless hold Landlord and its agents the Landlord Parties harmless from and employees against against, any and from all liabilities, obligationsclaims, damages, penaltiesjudgments, claimssuits, costscauses of action, charges losses, liabilities and expenses, including reasonable including, without limitation, attorneys' fees’ fees and court costs (collectively, which may be imposed upon “Indemnified Claims”), arising or incurred by or asserted against resulting from (a) any occurrence in the Premises following the date Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or delivers possession of all or any part portion of the Demised Premises: Premises to Tenant, except to the extent caused by the negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (ib) any work or thing done in, on or about the Demised Premises or any part thereof by or at the instance of Tenant, or any of its invitees, (ii) any negligent or otherwise wrongful act or omission on the part of Tenant or any of its inviteesTenant’s Parties; (c) the use of the Premises, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused Building and the Property and conduct of Tenant’s business by the negligence of Tenant or any of its inviteesTenant’s Parties, and 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 (ivd) any failure default by Tenant as to any obligations on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its Tenant’s part to be performed under the terms of this Lease or complied withthe 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 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 claimIndemnified Claims, Tenant Tenant, upon notice from Landlord shallLandlord, shall defend the same at Tenant's expense, resist or defend such action or proceeding ’s expense by counsel approved in writing by Landlord, which approval Landlord shall not be unreasonably withholdwithheld. Counsel selected 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's insurance companies shall be deemed approved by LandlordTenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Tenant’s Indemnification. Tenant Subject to the waiver of subrogation provided under Xxxxxxxxx 00.0, Xxxxxx, its successors and assigns shall defend, indemnify and save hold harmless Landlord and all superior lessors or superior mortgagees and its and their respective partners, directors, officers, agents and employees from and against any and all third-party claims arising from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premisesin connection with: (i) the conduct or management of the Premises or of any business therein, or any work or thing done inwhatsoever done, on or any condition created (even if due to Landlord's negligence or breach of this Lease) in or about the Demised Premises or any part thereof by or at Premises, during the instance Term of Tenant, or any of its invitees, this Lease; (ii) any negligent act, omission or otherwise wrongful act or omission on the part negligence of Tenant or any of its inviteessubtenants or licensees or its or their partners, directors, officers, agents, employees, invitees or contractors; (iii) any accident, injury or damage to any person or property whatever (even if caused by Landlord's negligence) occurring in, on at or about upon the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, Premises; and (iv) any failure on breach or default by Tenant in the part full and prompt payment and performance of Tenant to perform Tenant's obligations under this Lease; together with all costs, expenses and liabilities incurred or comply in connection with any of the covenantseach such claim or action or proceeding brought thereon, agreementsincluding, termswithout limitation, provisions, conditions or limitations contained in this lease on its part to be performed or complied withall attorneys' fees and expenses. In case any action or proceeding is brought against Landlord by reason of or any superior lessor or superior mortgagee or its or their partners, directors, officers, agents or employees and such claimclaim is a claim for which Tenant is obligated to indemnify Landlord pursuant to this Paragraph 26.2, Tenant Tenant, upon notice from Landlord shallor such superior lessor or superior mortgagee, at Tenant's expense, shall resist or and defend such action or proceeding (by counsel approved by reasonably satisfactory to Landlord, which approval Landlord ). The obligation of Tenant under this Paragraph 26.2 shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by Landlordsurvive termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Superior National Insurance Group Inc)

Tenant’s Indemnification. Subject to this Section, Tenant shall defendindemnify, indemnify defend and save hold Landlord, its trustees, general partners, limited partners, agents, employees or contractors, harmless Landlord from all claims (1) arising from Tenant's use of the Premises; (2) arising from the conduct of Tenant's business or from any activity, work or thing done, permitted or suffered by Tenant in or about the Premises, the Property, the Building or the Common Areas and (3) arising from the act, omission, or negligence of any agent, employee, subtenants, licensee or invitee of Tenant, in or about the Property, the Premises, Building or the Common Areas. Tenant shall further indemnify, defend and hold Landlord, its agents trustees, general partners, limited partners, agents, employees or contractors, harmless from all claims arising from any breach or default in the performance of any obligation to be performed by Tenant under the terms of this Lease including Tenant's obligation to comply with the Rules and employees against Regulations and Covenants, Conditions and Restrictions and from and against all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or expenses and liabilities incurred by or asserted against Landlord and/or its agents or employees by reason of in connection with any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all claim or any part of the Demised Premises: (i) any work action or thing done inproceeding which is brought against Landlord, on its trustees, general partners, limited partners, agents, employees or about the Demised Premises or any part thereof by or at the instance of Tenant, or any of its invitees, (ii) any negligent or otherwise wrongful act or omission on the part of Tenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, and (iv) any failure on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed or complied withcontractors. In case any action or proceeding is shall be brought against Landlord by reason of any such claim, Tenant Tenant, upon notice from Landlord shallLandlord, shall defend the same at Tenant's expense, resist or defend such action or proceeding expense by counsel approved in writing by Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Property, Premises, Building, or the Common Areas from any cause whatsoever except that which approval Landlord shall not unreasonably withholdis caused by the failure of Landlord, its general; partners, limited partners, agents, employees or contractors, to observe any of the terms and conditions of this Lease where such failure has persisted for an unreasonable period of time after written notice of such failure to Landlord. Counsel selected by Tenant's insurance companies shall be deemed approved by Tenant hereby waives all its claims in respect thereof against Landlord, its general partners, limited partners, agents, employees or contractors.

Appears in 1 contract

Samples: Lease (Eacceleration Corp)

Tenant’s Indemnification. Tenant shall defendTo the extent not expressly prohibited by law, Xxxxxx agrees to hold harmless and indemnify and save harmless Landlord and its agents Xxxxxxxx’s Related Parties from and employees against claims and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: (i) any work for injuries to all persons and damage to or thing done in, on theft or misappropriation or loss of property occurring in or about the Demised Premises arising from Tenant’s occupancy of the Premises or any part thereof the conduct of its business, or from activity, work, or thing done, permitted or suffered by or at the instance of Tenant, its employees, agents, guests or any of its inviteesinvitees in or about the Premises and the Building, or (ii) from any negligent breach or otherwise wrongful act or omission default on the part of Tenant in the performance of any covenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, and (iv) any failure agreement on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed pursuant to the terms of this Lease, or complied with(iii) due to any other act or omission of Tenant, its agents, employees, guests or invitees, or (iv) if any person, not a party to this Lease, shall institute an action against Tenant in which Landlord or Landlord’s Related Parties shall be made a party. Landlord may, at its option, repair such damage or replace such loss, and Tenant shall upon 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 case the event any action or proceeding is brought against Landlord or Landlord’s Related Parties by reason of any such claimclaims, Tenant then, upon notice from Landlord shallLandlord, at Tenant's expense, resist or Tenant covenants to defend such action or proceeding by counsel approved by Landlord, which approval Landlord shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by reasonably satisfactory to Landlord.

Appears in 1 contract

Samples: Office Lease (Behringer Harvard Opportunity REIT II, Inc.)

Tenant’s Indemnification. Except for the willful or grossly negligent acts or omissions (where applicable law imposes a duty to act) of Tenant shall defendor its agents, employees or contractors, Landlord hereby agrees to indemnify and save hold harmless Landlord Tenant and its the officers, directors, agents and employees or Tenant, from and against any and from all liabilitiesclaims, obligationslosses, actions, damages, penalties, claims, costs, charges liabilities and expenses, expense (including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date fees and disbursements) that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: (i) arise from or are in connection with the performance of Landlord's obligations under this Lease, or (ii) arise from or are in connection with any work willful or thing done innegligent act or omission of Landlord or its agents, or (iii) result from any default, breach, violation or nonperformance of this Lease or any provision by Landlord, or (iv) arise from injury or death to individuals or damage to property sustained on or about the Demised Premises Common Areas, the Land or the Parking Facilities. Landlord shall, at its own cost and expense, upon notice thereof from Tenant, defend any and all actions, suits and proceedings which may be brought against Tenant, and the officers, directors, agents and employees of, and the partners in, Tenant or any part thereof by of them, with respect to the foregoing or at in which Tenant and the instance officers, directors, agents and employees of, and the partners in, Tenant or any of them, may be impleaded. Landlord shall pay, satisfy and discharge any and all final money Judgments which may be recovered against Tenant, and the officers, directors, agents and employees of, and the partners in Tenant, or any of its inviteesthem, (ii) any negligent or otherwise wrongful act or omission on in connection with the part foregoing. For so long as Landlord is in compliance with the insurance requirements of Tenant or any of its inviteesthis Section 11, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, and (iv) any failure on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed or complied with. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall, at Tenant's expense, resist or defend such action or proceeding by counsel approved by Landlord, which approval Landlord shall not unreasonably withhold. Counsel selected by Tenant's insurance companies indemnity provided above shall be deemed approved by Landlordlimited to the policy limits of such insurance, excluding only such deductibles as Landlord maintains.

Appears in 1 contract

Samples: Lease Agreement (Sylvan Learning Systems Inc)

Tenant’s Indemnification. To the extent not expressly prohibited by law, and subject to applicable waivers of subrogation, releases, and limitations on liability, Tenant shall defendagrees to hold harmless and indemnify Landlord (and, indemnify after Project Completion, Landlord’s Related Parties) from and save harmless Landlord against claims and its agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees’ fees and court costs but excluding consequential damages, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: (i) any work for injuries to all persons and damage to or thing done in, on theft or misappropriation or loss of property occurring in or about the Demised Premises arising from Tenant’s occupancy of the Premises or any part thereof the conduct of its business, or from activity, work, or thing done, permitted or suffered by or at the instance of Tenant, its employees, agents, guests or any of its inviteesinvitees in or about the Premises and the Building, or (ii) from any negligent non-monetary breach or otherwise wrongful act or omission default on the part of Tenant in the performance of any covenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, and (iv) any failure agreement on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed pursuant to the terms of this Lease, or complied with(iii) due to any other act or omission of Tenant, its agents, employees, guests or invitees, or (iv) if any person, not a party to this Lease, shall institute an action against Tenant in which Landlord or Landlord’s Related Parties (as applicable) shall be made a party solely due to Landlord’s status as landlord. Landlord may, at its option, repair such damage or replace such loss, and Tenant shall upon 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 case the event any action or proceeding is brought against Landlord or Landlord’s Related Parties (as applicable) by reason of any such claimclaims, Tenant then, upon notice from Landlord shallLandlord, at Tenant's expense, resist or Tenant covenants to defend such action or proceeding by counsel approved by Landlord, which approval Landlord shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by reasonably satisfactory to Landlord.

Appears in 1 contract

Samples: Lease (Bazaarvoice Inc)

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Tenant’s Indemnification. (A) Tenant shall defendindemnify, indemnify defend and save hold harmless Landlord and its officers, directors, employees, attorneys and agents (collectively, the "Indemnitees") from and employees against and from any all liabilities, obligations, damages, penalties, claims, costsdemands, charges causes of action, judgments, costs and expenses, and all losses and damages (including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any consequential and punitive damages ) arising from Tenant's use of the following occurring during Premises or from the termconduct of its business or form any activity, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: (i) any work or thing done inother acts or things done, on permitted or suffered by Tenant in or about the Demised Premises Premises, and shall 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 thereof by to be performed under the terms of this Lease, or at the instance arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any of its inviteesofficer, (ii) any negligent agent, employee, independent contractor, guest, or otherwise wrongful act or omission on the part of Tenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part invitee thereof, or vaultand from all costs, passageway or space adjacent thereto caused by the negligence of Tenant or any of its inviteesattorneys' fees and disbursements, and (iv) liabilities incurred in the defense of any failure on the part of Tenant to perform such claim or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed or complied with. In case any action or proceeding is which may be brought against Landlord by reason against, out of for in any way related to this Lease. Upon notice from Landlord, Tenant shall defend any such claim, Tenant upon notice from Landlord shalldemand, cause of action or suit at Tenant's expense, resist or defend such action or proceeding expense by counsel approved by 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 from any cause, and Tenant hereby waives all claims with respect thereto against Landlord, which approval . Tenant shall give immediate notice to Landlord in case of casualty or accidents in the Premises. The provisions of this Section shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by Landlordsurvive the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Lease (Integrated Performance Systems Inc)

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, indemnify protect and save harmless hold Landlord and its agents Landlord's officials, officers, directors, managers, employees, agents, contractors, successors and employees against assigns (collectively, "Landlord Parties") harmless from and from against, any and all liabilities, obligationsclaims, damages, penaltiesjudgments, claimssuits, costscauses of action, charges losses, liabilities and expenses, including reasonable including, without limitation, attorneys' feesfees and court costs (collectively, which may be imposed upon "Indemnified Claims"), arising or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: resulting from (i) any work act or thing done in, on or about the Demised Premises or any part thereof by or at the instance omission of Tenant, its agents, officers, director, employees, contractors or any of its inviteesinvitees (collectively, "Tenant's Parties"); (ii) any negligent or otherwise wrongful act or omission on the part use of the Premises and conduct of Tenant's business by Tenant or any of its inviteesTenant'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 or elsewhere on the Property, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees; and/or (iii) any accident, injury or damage default by Tenant as to any person or property occurring in, obligations on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, and (iv) any failure on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its Tenant's part to be performed under the terms of this Lease or complied withthe terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such claimIndemnified Claims, Tenant Tenant, upon notice from Landlord shallLandlord, shall defend the same at Tenant's expense, resist or defend such action or proceeding expense by counsel approved in writing by Landlord, which approval Landlord shall not be unreasonably withholdwithheld. Counsel selected by Tenant's insurance companies Landlord may participate in its own defense and Tenant shall be deemed approved by not agree to any settlement without the written consent of Landlord.

Appears in 1 contract

Samples: Housing Commercial Lease

Tenant’s Indemnification. (A) Tenant shall defendindemnify, indemnify defend and save hold harmless Landlord and its officers, directors, employees, attorneys and agents (collectively, the "indemnitees") from and employees against any and from all liabilities, obligations, damages, penalties, claims, costsdemands, charges causes of action, judgments, costs and expenses, and all losses and damages (including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any consequential and punitive damages) arising from Tenants use of the following occurring during Premises or from the termconduct of its business or from any activity, work, or during any period of time prior to the Commencement Date that other acts or things done, permitted or suffered by Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: (i) any work or thing done in, on in or about the Demised Premises Premises, and shall further indemnity, defend and hold harmless the Indemnitees from and against any and all claims rising from any breach or default in the performance of any obligation on Tenant's part thereof by to be performed under the terms of this Lease, or at the instance rising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any of its inviteesofficer, (ii) any negligent agent, employee, independent contractor, guest, or otherwise wrongful act or omission on the part of Tenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part invitee thereof, or vaultand from all costs, passageway or space adjacent thereto caused by the negligence of Tenant or any of its inviteesattorney's fees and disbursements, and (iv) any failure on liabilities incurred in the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed or complied with. In case any action or proceeding is brought against Landlord by reason defense of any such claim, Tenant upon demand, cause of action or proceeding which may be brought against, out of or in any way related to this Lease. Upon notice from Landlord shallLandlord, Tenant shall defend any such claim, demand, cause of action or suit at Tenant's expense, resist or defend such action or proceeding expense by counsel approved by Landlordsatisfactory to Landlord in its sole discretion. As a material part of the consideration to Landlord for this Lease, which approval Tenant hereby assumes all risk of damage so 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 Tenant shall not unreasonably withholdgive immediate notice to Landlord in case of casualty or accidents in the Premises. Counsel selected by Tenant's insurance companies The provisions of this Section shall be deemed approved by Landlordsurvive the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Lease (Espos Inc)

Tenant’s Indemnification. 21.1 To the extent permitted by applicable law, except in the case of Landlord's negligence or willful misconduct, Tenant shall defendindemnify, indemnify defend and save hold harmless Landlord, Landlord's asset manager, Landlord's subasset manager, Landlord's partners, any subsidiary or affiliate of Landlord and its the officers, directors, shareholders, partners, employees, managers, independent contractors, attorneys and agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during foregoing (collectively, the term"Indemnitees") from and against any and all claims, demands, causes of action, judgments, costs and expenses, and all losses and damages (including consequential and punitive damages) arising from Tenant's use of the Demised Premises or from the conduct of its business or from any activity, work, or during other acts or things done, permitted or suffered by Tenant in or about the Demised Premises, and shall further indemnify, defend and hold harmless the indemnitees from and against any period and all claims arising from any breach or default in the performance of time prior any obligation on Tenant's part to be performed under the Commencement Date that Tenant may have acquired terms of this lease, or been given access to arising from any act, omission or possession negligence or willful or criminal misconduct of all 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. 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 Demised Premises: (i) any work consideration to Landlord for this lease, Tenant hereby assumes all risk of damage to property or thing done injury to persons in, on upon or about the Demised Premises or from any part thereof by or at cause, and Tenant hereby waives all claims with respect thereto against Landlord (except to the instance of Tenant, or any of its invitees, (ii) any negligent or otherwise wrongful act or omission on the part of Tenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto extent caused by the negligence of Landlord). Tenant shall give immediate notice to Landlord in case of casualty or any accidents in the Demised Premises. The provisions of its invitees, and (iv) any failure on this Article 21 shall survive the part expiration or sooner termination of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed or complied with. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall, at Tenant's expense, resist or defend such action or proceeding by counsel approved by Landlord, which approval Landlord shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by Landlordlease.

Appears in 1 contract

Samples: Pilot Network Services Inc

Tenant’s Indemnification. To the extent not expressly prohibited by ------------------------ law, Tenant shall defend, agrees to hold harmless and indemnify and save harmless Landlord and its agents Landlord's Related Parties from and employees against claims and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the term, or during any period of time prior to the Commencement Date that Tenant may have acquired or been given access to or possession of all or any part of the Demised Premises: (i) any work for injuries to all persons and damage to or thing done in, on theft or misappropriation or loss of property occurring in or about the Demised Premises arising from Tenant's occupancy of the Premises or any part thereof the conduct of its business, or from activity, work, or thing done, permitted or suffered by or at the instance of Tenant, its employees, agents, guests or any of its inviteesinvitees in or about the Premises and Building, or (ii) from any negligent breach or otherwise wrongful act or omission default on the part of Tenant in the performance of any covenant or any of its invitees, (iii) any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof, or vault, passageway or space adjacent thereto caused by the negligence of Tenant or any of its invitees, and (iv) any failure agreement on the part of Tenant to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this lease on its part to be performed pursuant to the terms of this Lease or complied with(iii) due to any other act or omission of Tenant, its agents, employees, guests or invitees, or (iv) if any person, not a party to this Lease, shall institute an action against Tenant in which Landlord or Landlord's Related Parties shall be made a party. Landlord may, at its option, repair such damage or replace such loss, and Tenant shall upon 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 case the event any action or proceeding is brought against Landlord or Landlord's Related Parties by reason of any such claimclaims, Tenant then, upon notice from Landlord shallLandlord, at Tenant's expense, resist or Tenant covenants to defend such action or proceeding by counsel approved by Landlord, which approval Landlord shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by reasonably satisfactory to Landlord.

Appears in 1 contract

Samples: Office Lease (Intek Information Inc)

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