Common use of Tenant’s Indemnity Clause in Contracts

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to indemnify and save harmless Landlord and Landlord’s partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, losses, cost, damages, liability or expenses of whatever nature arising from: (i) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in the Premises; (ii) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, but on the Property, where such accident, damage or injury results from any negligence or willful misconduct on the part of Tenant or Tenant’s agents, employees, contractors, invitees or sublessees; or (iii) the use or occupancy of the Premises or of any business conducted therein or anything or work whatsoever done or any condition created (other than by Landlord) in the Premises, and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to indemnify and save harmless Landlord and Landlord’s partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, losses, cost, damages, liability or expenses of whatever nature arising fromarising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on or about the Property, where such accident, damage or injury results or is claimed to have resulted from any negligence act or willful misconduct omission on the part of Tenant or Tenant’s agents, employees, contractors, invitees or sublessees; or (iii) the use or occupancy of the Premises or of any business conducted therein or anything any thing or work whatsoever done or any condition created (other than by Landlord) in or about the Premises, and, in any case, occurring after the Premises A Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to shall defend with counsel first approved by Landlord, save harmless, and indemnify and save harmless Landlord and Landlord’s managing agent, beneficiaries, partners, members, shareholders, subsidiaries, officers, directors, managersagents, employees, agents trustees and contractors and any Holder employees (“Landlord Parties”) from and against all claims, losses, cost, damages, any liability or expenses expense of whatever nature arising from: from injury, loss, accident or damage to any person or property, arising from or claimed to have arisen (ia) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (iib) any accidentfrom the omission, injury or damage whatsoever to any personfault, or to the property of any personwillful act, occurring outside of the Premises, but on the Property, where such accident, damage or injury results from any negligence or willful other misconduct on the part of Tenant or Tenant’s agents, employees, contractors, invitees licensees or sublessees; or invitees, (iiic) the in connection with Tenant’s use or occupancy of the Premises or of any business conducted therein or anything or any work whatsoever done or any condition created (other than by Landlord) in the PremisesPremises by Tenant, its agent, employees or contractors, or anyone claiming by, through or under Tenant, or (d) the failure of Tenant to perform and discharge its covenants and obligations under this Lease and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 shall survive the expiration or earlier termination of this Lease.,

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to shall defend with counsel first approved by Landlord, save harmless, and indemnify and save harmless Landlord and Landlord’s managing agent, beneficiaries, partners, members, shareholders, subsidiaries, officers, directors, managersagents, employees, agents trustees and contractors and any Holder employees (“Landlord Parties”) from and against all claims, losses, cost, damages, any liability or expenses expense of whatever nature arising from: from injury, loss, accident or damage to any person or property, arising from or claimed to have arisen (ia) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (iib) any accidentfrom the omission, injury or damage whatsoever to any personfault, or to the property of any personwillful act, occurring outside of the Premises, but on the Property, where such accident, damage or injury results from any negligence or willful other misconduct on the part of Tenant or Tenant’s agents, employees, contractors, licensees or invitees in or sublessees; about the Premises or the Property, (iiic) the in connection with Tenant’s use or occupancy of the Premises or of any business conducted therein or anything or any work whatsoever done or any condition created (other than by Landlord) in the PremisesPremises by Tenant, its agent, employees or contractors, or anyone claiming by, through or under Tenant, or (d) the failure of Tenant to perform and discharge its covenants and obligations under this Lease and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnity. Except To the maximum extent this agreement may be ------------------- made effective according to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employeeslaw, Tenant agrees to defend, indemnify and save harmless Landlord and Landlord’s partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, lossesloss, costliability, damages, liability or expenses costs and damages of whatever nature arising fromfrom any default by Tenant under this Lease and the following: (i) from any accident, injury injury, death or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury injury, death or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on the Property, where such accident, damage or injury results or is claimed to have resulted from any negligence an act or willful misconduct omission on the part of Tenant or Tenant’s 's agents, employees, contractors, invitees or sublesseesindependent contractors; or (iii) in connection with the use conduct or occupancy management of the Premises or of any business conducted therein therein, or anything any thing or work whatsoever done done, or any condition created (other than by Landlord) in or about the Premises, ; and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) this Lease, until the expiration end of the Term of this Lease Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in in, or in connection with with, any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ ' fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 shall survive the expiration or any earlier termination of this Lease. Nothing contained in this Section 10.1 shall require Tenant to indemnify Landlord from the negligence of Landlord or the negligence of Landlord's agents, servants, employees or contractors.

Tenant’s Indemnity. Except to the extent arising from caused by the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to indemnify and save harmless Landlord and Landlord’s partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, losses, cost, damages, liability or expenses of whatever nature arising out of or resulting from: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on or about the Property, where such accident, damage or injury results or is claimed to have resulted from any negligence act or willful misconduct omission on the part of Tenant or Tenant’s agents, employees, contractors, invitees or sublessees; or (iii) the use or occupancy of the Premises or of any business conducted therein or anything any thing or work whatsoever done or any condition created (other than by Landlord) in or about the Premises, and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnity. Except If Tenant breaches the obligation stated in Section 19.1, or if the presence of any Hazardous Materials in the Premises results in contamination of the Premises prior to or during the extent arising from Term, any Renewal Term or any holding over by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to indemnify and save harmless Premises by anyone other than Landlord and Landlord’s partners's employees, membersagents and contractors (collectively the "Relevant Contamination"), shareholdersTenant hereby indemnifies and shall defend and hold Landlord, its officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, losses, cost, damages, liability or expenses of whatever nature arising from: (i) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in the Premises; (ii) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, but on the Property, where such accident, damage or injury results harmless from any negligence or willful misconduct on the part of Tenant or Tenant’s agents, employees, contractors, invitees or sublessees; or and all actions (iii) the use or occupancy of the Premises or of any business conducted therein or anything or work whatsoever done or any condition created (other than by Landlord) in the Premises, and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the Premises or the loss of, or restriction on, use of the Premises), expenses (including, without limitation, attorneys’ fees ', consultants' and experts' fees, court costs and amounts paid in settlement of any claims or actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses (collectively, "Environmental Claims") which arise prior to, during or after the Term as a result of Relevant Contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remediation, removal, or restoration work required by any federal, state or local governmental authority because of Hazardous Materials present in the air, soil or ground water above, on, or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises or any adjacent property caused or permitted by Tenant or any Tenant Related Party results in the Relevant Contamination of the Premises or any adjacent property, Tenant shall promptly take all actions at both its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the trial and appellate levelsPremises or any adjacent property to the condition existing prior to the time of such contamination, provided that Landlord's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises. The provisions of foregoing obligations include all Historic Contamination present on the Premises, but subject to the limitations contained in Section 19.10(b) and(c) below. Notwithstanding anything to the contrary stated in this Section 10.1 19, (a) for claims relating to Relevant Contamination of property adjacent to the Premises, Tenant's obligations under this Section 19.2 are limited to any clean up requirement imposed by a governmental entity; and (b) in no event shall survive Tenant's obligations in this Section 19 include any Hazardous Materials releases to the expiration extent they are caused by Landlord, its employees, agents or earlier termination of this Leasecontractors.

Tenant’s Indemnity. Except To the maximum extent this agreement may be made effective according to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employeeslaw, Tenant agrees to defend, indemnify and save harmless Landlord and Landlord’s partnersthe Manager and their respective officers, members, directors and shareholders, officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, lossesloss, costliability, damages, liability or expenses costs and damages of whatever nature arising fromcaused by the following: (i) any accident, injury injury, death or damage whatsoever to any person, or to the property of any person, occurring in the Premises; (ii) any accident, injury injury, death or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on the Property, where such accident, damage or injury results from any negligence an act or willful misconduct omission on the part of Tenant or Tenant’s 's agents, employeesservants, independent contractors, invitees or sublesseesany other person acting under Tenant; or (iii) with the use conduct or occupancy management of the Premises or of any business conducted therein therein, or anything any thing or work whatsoever done done, or any condition created (other than by Landlord) in or about the Premises, ; and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) this Lease, until the expiration end of the Term of this Lease Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in in, or in connection with with, any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ ' fees and costs at both the trial and appellate levels. Notwithstanding the above to the contrary, Tenant shall not be required to defend, indemnify or save harmless the above parties in the event that and to the extent that such claim, loss, liability or cost arose as the result of the negligence or default of the respective party seeking indemnification. The provisions of this Section 10.1 shall survive the expiration or any earlier termination of this Lease.

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employeesLandlord's Agents, Tenant agrees to indemnify and save harmless Landlord and Landlord’s partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder 's Agents from and against all claims, losses, cost, damages, liability liabilities or expenses of whatever nature arising fromarising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on or about the Property, where such accident, damage or injury results or is claimed to have resulted from any negligence act or willful misconduct omission on the part of Tenant or Tenant’s agents, employees, contractors's Agents, invitees or sublesseesindependent contractors; or (iii) from the use or occupancy of the Premises or of any business conducted therein or anything or work whatsoever done or any condition created (other than by Landlord) in the Premisestherein, and, in any case, occurring after the Term Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration or earlier termination of the Term of this Lease and thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (iv) from any default or breach by Tenant or Tenant's Agents under the terms or covenants of this Lease. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ ' fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 shall survive the expiration or earlier termination of this the Lease, regardless of the cause of such expiration or earlier termination.

Tenant’s Indemnity. Except To the maximum extent this agreement may be made effective according to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employeeslaw, Tenant agrees to defend, indemnify and save harmless Landlord and Landlord’s partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, lossesloss, costliability, damages, liability or expenses costs and damages of whatever nature arising fromfrom any default by Tenant under this Lease and the following: (i) from any accident, injury injury, death or damage whatsoever to any person, or to the property of any person, occurring in or about the PremisesPremises after the Commencement Date; (ii) from any accident, injury injury, death or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on the Property, where such accident, damage or injury results or is claimed to have resulted from any the negligence or willful misconduct on the part of Tenant or Tenant’s 's agents, employees, contractors, invitees or sublesseesindependent contractors; or (iii) in connection with the use conduct or occupancy management of the Premises or of any business conducted therein therein, or anything any thing or work whatsoever done done, or any condition created (other than by Landlord) in or about the Premises, ; and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) this Lease, until the expiration end of the Term of this Lease Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in in, or in connection with with, any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ ' fees and costs at both the trial and appellate levels. Nothing contained in this Section 10.1 shall be deemed or construed to exculpate Landlord from its own negligence. The provisions of this Section 10.1 shall survive the expiration or any earlier termination of this Lease.

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to indemnify and save harmless Landlord and Landlord’s 's partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, losses, cost, damages, liability or expenses of whatever nature arising from: (i) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in the Premises; (ii) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, but on the Property, where such accident, damage or injury results from any negligence or willful misconduct on the part of Tenant or Tenant’s 's agents, employees, contractors, invitees or sublessees; or (iii) the use or occupancy of the Premises or of any business conducted therein or anything or work whatsoever done or any condition created (other than by Landlord) in the Premises, and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ ' fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employeesLandlord’s Agents, Tenant agrees to indemnify and save harmless Landlord and Landlord’s partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder Agents from and against all claims, losses, cost, damages, liability liabilities or expenses of whatever nature arising fromarising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on or about the Property, where such accident, damage or injury results or is claimed to have resulted from any negligence act or willful misconduct omission on the part of Tenant or Tenant’s agents, employees, contractorsAgents, invitees or sublesseesindependent contractors; or (iii) from the use or occupancy of the Premises or of any business conducted therein or anything or work whatsoever done or any condition created (other than by Landlord) in the Premisestherein, and, in any case, occurring (A) after the Term Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration Expiration Date or earlier termination of the Term of this Lease Lease, and (B) thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (iv) from any default or breach by Tenant or Tenant’s Agents under the terms or covenants of this Lease. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneysAttorneys’ fees Fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 13.1 shall survive the expiration or earlier termination of this Lease, regardless of the cause of such expiration or earlier termination.

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employeesLandlord’s Agents, Tenant agrees to indemnify and save harmless Landlord and Landlord’s partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder Agents from and against all claims, losses, cost, damages, liability liabilities or expenses of whatever nature arising fromto the extent arising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the PremisesPremises (excluding reasonable wear and tear and damage by casualty or condemnation); (ii) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on or about the Property, where such accident, damage or injury results or is claimed to have resulted from any negligence act or willful misconduct omission on the part of Tenant or Tenant’s agents, employees, contractorsAgents, invitees or sublesseesindependent contractors; or (iii) from the use or occupancy of the Premises or of any business conducted therein or anything or work whatsoever done or any condition created (other than by Landlord) in the Premisestherein, and, in any case, occurring (A) after the Commencement Effective Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration Expiration Date or earlier termination of the Term of this Lease Lease, and (B) thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (iv) from any default or breach by Tenant or Tenant’s Agents of the terms or covenants of this Lease. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneysAttorneys’ fees Fees and costs at both the trial and appellate levels. The provisions of this Section 10.1 13.1 shall survive the expiration or earlier termination of this the Lease, regardless of the cause of such expiration or earlier termination.

Tenant’s Indemnity. Except If Tenant breaches the obligation stated in Section 19.1, or if the presence of any Hazardous Materials in the Premises results in contamination of the Premises prior to or during the extent arising from Term, any Renewal Term or any holding over by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to indemnify and save harmless Premises by anyone other than Landlord and Landlord’s partners's employees, membersagents and contractors (collectively the "Relevant Contamination"), shareholdersTenant hereby indemnifies and shall defend and hold Landlord, its officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, losses, cost, damages, liability or expenses of whatever nature arising from: (i) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in the Premises; (ii) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, but on the Property, where such accident, damage or injury results harmless from any negligence or willful misconduct on the part of Tenant or Tenant’s agents, employees, contractors, invitees or sublessees; or and all actions (iii) the use or occupancy of the Premises or of any business conducted therein or anything or work whatsoever done or any condition created (other than by Landlord) in the Premises, and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the Premises or the loss of, or restriction on, use of the Premises), expenses (including, without limitation, attorneys’ fees ', consultants' and experts' fees, court costs and amounts paid in settlement of any claims or actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses (collectively, "Environmental Claims") which arise prior to, during or after the Term as a result of Relevant Contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remediation, removal, or restoration work required by any federal, state or local governmental authority because of Hazardous Materials present in the air, soil or ground water above, on, or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises or any adjacent property caused or permitted by Tenant or any Tenant Related Party results in the Relevant Contamination of the Premises or any adjacent property, Tenant shall promptly take all actions at both its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the trial and appellate levelsPremises or any adjacent property to the condition existing prior to the time of such contamination, provided that Landlord's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises. The provisions of Notwithstanding anything to the contrary stated in this Section 10.1 19, (a) for claims relating to Relevant Contamination of property adjacent to the Premises, Tenant's obligations under this Section 19.2 are limited to any clean up requirement imposed by a governmental entity; and (b) in no event shall survive Tenant's obligations in this Section 19 include any Hazardous Materials releases to the expiration extent they are caused by Landlord, its employees, agents or earlier termination of this Leasecontractors.

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employees, Tenant agrees to indemnify and save harmless Landlord and Landlord’s 's partners, members, shareholders, officers, directors, managers, employees, agents and contractors and any Holder from and against all claims, losses, cost, damages, liability or expenses of whatever nature arising fromarising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, Premises but on or about the Property, where such accident, damage or injury results or is claimed to have resulted from any negligence act or willful misconduct omission on the part of Tenant or Tenant’s 's agents, employees, contractors, invitees or sublessees; or (iii) the use or occupancy of the Premises or of any business conducted therein or anything any thing or work whatsoever done or any condition created (other than by Landlord) in or about the Premises, and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including, without limitation, reasonable attorneys’ ' fees and costs at both the trial and appellate levelscosts. The provisions of this Section SECTION 10.1 shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnity. Except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents or employeesTenant will protect, Tenant agrees to indemnify and save harmless Landlord Landlord, its elected and Landlord’s partnersappointed officials, members, shareholders, officers, directors, managersagents, employees, agents officers and contractors and any Holder attorneys, from and against all liabilities, obligations, claims, losses, cost, damages, liability or penalties, causes of action, costs and expenses of whatever nature arising from: (i) any accident, injury or damage whatsoever collectively referred to any person, or to the property of any person, occurring in the Premises; (ii) any accident, injury or damage whatsoever to any person, or to the property of any person, occurring outside of the Premises, but on the Property, where such accident, damage or injury results from any negligence or willful misconduct on the part of Tenant or Tenant’s agents, employees, contractors, invitees or sublessees; or (iii) the use or occupancy of the Premises or of any business conducted therein or anything or work whatsoever done or any condition created (other than by Landlord) in the Premises, and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof“Lawsuits”), including, without limitation, reasonable attorneys’ fees and costs at both expenses, incurred or asserted by reason of (a) any accident, injury to, or death of, persons or loss of, or damage to, property occurring on or about the trial and appellate levels. The provisions Premises or any part thereof, or resulting from any act or omission of Tenant or anyone claiming by, through, or under Tenant during the Lease Term; (b) any failure on the part of Tenant to perform or comply with any of the terms of this Section 10.1 Lease; (c) the performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof performed by or on behalf of Tenant during the Lease Term; or (d) claims, losses, damages, remediation and response costs, clean-up costs and expenses arising out of or in any way relating to Hazardous Materials, as defined hereinbelow, released, deposited, discharged, stored, moved onto, created upon, or removed from the Premises by Tenant, its successors and assigns or their respective agents, employees, licensees and invitees. Tenant’s indemnification obligations set forth in this Lease shall survive the expiration or earlier termination of this Lease. This Section 13.0 shall survive the expiration of the Lease with respect to any Lawsuits based upon claimed injuries or damage to persons or property occurring during or as a result of this Lease.