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.

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.

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 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 of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Landlord or its agents shall not be liable for any loss or damage to persons or 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 tenant or any officer, agent, employee, contractor or guest of any such tenant, except personal injury caused by or due to the negligence or willful misconduct of Landlord. Landlord or its inviteesagents 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 (iv) Landlord is not willing to enter into this lease unless Tenant indemnifies the Indemnitees to Landlord's satisfaction from any failure liability on the part of Tenant the Indemnitees to perform the owner(s) of such goods for damage to the same arising out of any acts or comply with any omissions of the covenantsIndemnitees. As a material inducement to Landlord to enter into this lease, agreementsand to the fullest extent permitted by applicable law, termsTenant agrees to defend, provisionsindemnify and hold the Indemnitees harmless from and against any and all losses, conditions claims, liabilities, obligations and damages imposed upon or limitations contained in this lease on its part to be performed incurred or complied with. In case any action or proceeding is brought asserted against Landlord the Indemnitees by reason of any damage to goods of persons storing such claimgoods with Tenant, notwithstanding the fact that such losses, claims, liabilities, obligations or damages may have been caused by the acts or omissions of Landlord. Tenant upon notice from Landlord shallagrees that at all times during which it shall store goods not owned by it in the Demised Premises, at Tenant's expense, resist or defend such action or proceeding by counsel approved by it shall insure the indemnity described under this Section 21.3 in a manner reasonably satisfactory to Landlord, which approval . Landlord shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by Landlorda 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 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 goods to or from the Demised Premises.

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.

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.

Tenant’s Indemnification. Except when caused by the negligence or willful misconduct of Landlord, Tenant shall indemnify, defend, indemnify and save harmless hold Landlord and its agents elected officials, officers, agents, employees, and employees representatives harmless from and against and from all liabilities, obligations, damagesd amages, fines, penalties, claims, d eman ds, costs, charges charges, judgments, and expenses, including but not limited to reasonable attorneys' fees, which may be imposed upon or incurred or paid 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 in connection with any of the covenants, agreements, terms, provisions, conditions following: ▇. ▇▇▇▇▇▇'s use and occupancy ofthe Premises; B. The conduct ofTenant's business or limitations contained in this lease on its part any work or activity or other things allowed or permitted by Tenant to be performed done in or complied with. on the Premises; C. Any breach or default in the performance of any of Tenant's obligations under this Lease; D. Any misrepresentation or breach of warty by Tenant under this Lease; E. Any other act or omission of Tenant, its agents, employees, subtenants, assignees, invitees or contractors; and/or F. Any bodily injury or death of a person or d amage to property occurring in or about the Premise or the Building. G. In case any action or proceeding is brought against Landlord by reason of any such claimclaims described in this Section, Tenant, ifLandlord gives Tenant upon prompt notice from Landlord thereof, shall, at Tenant's expense, resist or defend such action or proceeding by counsel approved by Landlordproceeding. The terms, which approval Landlord provisions and indemnities in this Section 14 shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by Landlordsurvive the expiration or earlier termination of tis Lease.

Tenant’s Indemnification. Except with respect to Existing Environmental Conditions or environmental contamination located below, above or related to the Premises and not caused by Tenant, and/or to the extent of any injury to persons or damage to property that is proximately caused by the gross negligence or willful misconduct of Landlord, its employees or agents, and subject to the provisions of Section 8(d) above, Tenant shall defend, indemnify and save hold the Landlord Indemnitees harmless Landlord from and its agents against any and employees against and from all liabilitiesdemands, obligationsclaims, causes of action, fines, penalties, damages, penaltiesliabilities, claimsjudgments, costsand expenses (including, charges and expenseswithout limitation, including reasonable attorneys' ’ fees, which may be imposed upon ) incurred in connection with or incurred arising from: (a) The use or occupancy or manner of use or occupancy of the Premises by Tenant or asserted against Landlord and/or its agents or employees by reason of any of the following occurring during the termTenant’s Parties; (b) 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 work, or thing done in, on or permitted by Tenant in or about the Demised Premises Premises; (c) Any breach by Tenant or any part thereof by or at the instance of Tenant, or any of its inviteesthe Tenant’s Parties of this Lease; (d) Any injury or damage to the person, (ii) any negligent property or otherwise wrongful act or omission on the part business of Tenant or any of its invitees, the Tenant’s Parties entering upon the Premises under the express or implied invitation of Tenant; and (iiie) Any alleged violation by Tenant of 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 withRegulation. In case If any action or proceeding is brought against a Landlord Indemnitee by reason of any such claimof the foregoing items (i) through (v), Tenant Tenant, upon written notice from such Landlord shallIndemnitee, shall defend the same at Tenant's ’s expense, resist or defend such action or proceeding by with counsel approved by reasonably satisfactory to Landlord, which approval Landlord . Tenant’s obligations pursuant to the foregoing indemnity shall not unreasonably withhold. Counsel selected by Tenant's insurance companies shall be deemed approved by Landlordsurvive the termination of this Lease.

Tenant’s Indemnification. Tenant shall defendTo the extent not expressly prohibited by law, ▇▇▇▇▇▇ agrees to hold harmless and indemnify and save harmless Landlord and its agents ▇▇▇▇▇▇▇▇’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.

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.