Common use of Tenant’s Indemnity Clause in Contracts

Tenant’s Indemnity. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which may subject Landlord to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of law or of any Requirement, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect and hold harmless each of the Indemnities from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any act, omission or negligence of (A) any Tenant Party or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out of the negligence of Landlord, which determination shall not be subject to appeal, shall be limited to the amount of insurance coverage carried by Tenant pursuant to Article 12 of this Lease, (ii) against the Indemnitees arising from any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring during the Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion of the Premises for the purpose of performing work or otherwise, in or about the Premises, and (iii) against the Indemnitees resulting from any breach, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of Tenant to be fulfilled, kept, observed and performed.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Greenhill & Co Inc)

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Tenant’s Indemnity. Tenant shall not do or permit agrees to be done indemnify and save Landlord and Landlord’s members, officers, employees and agents (“Landlord’s Indemnitees”) harmless against and from any act or thing upon and all claims, damages, losses, liabilities and expenses (including reasonable attorneys’ fees), arising out of Tenant’s occupancy of the Premises or from the Building which may subject Landlord to conduct or management of the business conducted by Tenant on the Premises or from any liability breach or responsibility for injury, damages to persons or property or to any liability by reason default on the part of the Tenant in the performance of any violation of law covenant or of any Requirement, and shall exercise such control over agreement on the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect and hold harmless each part of the Indemnities from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any act, omission or negligence of (A) any Tenant Party or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out of the negligence of Landlord, which determination shall not be subject to appeal, shall be limited performed pursuant to the amount of insurance coverage carried by Tenant pursuant to Article 12 terms of this Lease, (ii) against the Indemnitees arising or from any accidentact or negligence of Tenant, injury or damage whatsoever caused to any person its agents, contractors, servants, employees, subleases, concessionaires or to the property of any person and occurring during the Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion of the Premises for the purpose of performing work or otherwise, licensees in or about the Premises; except to the extent caused by the willful misconduct or negligent acts or omissions of Landlord or Landlord’s Indemnitees. When a claim is caused by the joint negligence or willful misconduct of Tenant and Landlord, Tenant’s duty to defend, indemnify, and (iii) hold Landlord harmless shall be in proportion to Tenant’s allocable share of the joint negligence. In case any action or proceeding is brought against the Indemnitees resulting from any breach, violation or nonperformance Landlord by reason of any covenantsuch claim, condition other than one based on Landlord’s negligence or agreement willful misconduct, Tenant, upon notice from Landlord, shall defend such action or proceeding which is brought against Landlord by reason of this Lease on the part of Tenant any such claim. Tenant, upon notice from Landlord, covenants to be fulfilleddefend such action or proceeding by attorney, kept, observed and performedreasonably satisfactory to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Novavax Inc)

Tenant’s Indemnity. Tenant shall not do or permit to be done any act or thing upon indemnify and hold Landlord harmless from and against all demands, loss, liability, claims, expenses, causes of action, fines, penalties and damages arising from the Tenant’s use of the Demised Premises or the Building which may subject Landlord to any liability or responsibility for injury, damages to persons or property or to any liability by reason its breach of any violation provision of law this Lease, and from the conduct of Tenant’s business or from any activity, work or things done, permitted or suffered by Tenant in or about the Demised Premises which arise during the Term of any Requirementthe Lease, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect further indemnify and hold harmless each of the Indemnities Landlord from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from the negligence or willful misconduct of Tenant or any actof Tenant’s agents, omission contractors, employees, licensees or negligence invitees and from and against all costs, attorney’s fees, expenses and liabilities incurred in the defense of (A) any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of any such claim, Landlord shall provide Tenant Party with prompt written notice of such action or (B) both Landlord proceeding, and any Tenant Partyshall have the right to defend the same at Tenant’s expense. Tenant shall be entitled to timely notice and reasonable cooperation from Landlord, provided, however, that Tenant's liability hereunder with respect as well as to matters judicially determined to have arisen out control of the negligence defense and settlement of all such claims. Tenant shall not indemnify and hold Landlord harmless from and against any demands, loss, liability, claims, expenses, causes of action, fines, penalties and damages arising from the negligent or wrongful acts of Landlord, which determination shall not be subject to appealits employees, shall be limited to the amount of insurance coverage carried by Tenant pursuant to Article 12 of this Leasecontractors, (ii) against the Indemnitees arising from any accident, injury agents or damage whatsoever caused to any person or to the property of any person and occurring during the Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion of the Premises for the purpose of performing work or otherwise, in or about the Premises, and (iii) against the Indemnitees resulting from any breach, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of Tenant to be fulfilled, kept, observed and performedrepresentatives.

Appears in 1 contract

Samples: Office Lease (Visa Inc.)

Tenant’s Indemnity. A. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which may subject Landlord to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of law or of any Requirement, hereby indemnifies and shall exercise such control over the Premises as to fully protect the Indemnities saves Owner and its agents harmless against any such liability. Tenant shall indemnify, defend, protect and hold harmless each of the Indemnities from and against any and all Losses (as defined claims in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any act, omission or negligence of (A) any Tenant Party or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out the conduct of the negligence of Landlordbusiness or in management or the premises, which determination shall not be subject to appealor any work or thing whatsoever done, shall be limited to the amount of insurance coverage carried by Tenant pursuant to Article 12 of this Leaseor any condition created, (ii) against the Indemnitees arising from any or accident, injury or damage whatsoever caused to any person or to property in or about the property of any person premises (including the sidewalks and occurring adjacent areas) during the Term term of this Lease or during the period of time, if any, prior to the commencement or following the expiration of the Term date that any Tenant Party may have been given access to the premises pursuant to this Lease, or arising from any portion act, omission or negligence of Tenant or any of its subtenants or licensees or its or their employees, agents, or contractors, (including, without limitation, attorney's fees and disbursements) incurred in or in connection with each such claim or action or proceeding brought thereon, and the defense thereof (except if arising solely from acts of Owner), and all costs, expenses and liabilities and attorney's fees, unless same are caused by the Owner or the Owner's agents or employees or anyone under the Owner's control. Tenant will, on demand, repay to Owner any amount that Owner may be obligated to pay for any such damages, and the reasonable costs, expense and attorney's fees of any claims for damages. In case any action or proceeding be brought against Owner by reason of any such claim, Tenant, upon notice from Owner, shall resist and defend such action or proceeding by counsel chosen by Tenant, who shall be satisfactory to Owner. Tenant or its counsel shall keep Owner fully apprised at all times of the Premises status of such defense. Counsel for Tenant's insurer shall be deemed satisfactory to the purpose of performing work or otherwise, in or about the Premises, and (iii) against the Indemnitees resulting from any breach, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of Tenant to be fulfilled, kept, observed and performedOwner.

Appears in 1 contract

Samples: Store Lease (Mojo Ventures, Inc)

Tenant’s Indemnity. Tenant shall not do hereby indemnifies, defends and holds harmless Landlord and its respective officers, directors, employees and agents, and Landlord's successors and assigns, and their officers, directors, employees and agents (collectively, the "Landlord Indemnified Parties") against any and all claims, demands, losses, liabilities, costs and expenses (including attorneys' fees at trial and on any appeal or permit to be done any act petition for review) incurred by the Landlord Indemnified Parties arising from Tenant's use or thing upon occupancy of the Premises for the conduct of its business or from any activity, work or other thing done, permitted or suffered by Tenant on or about the Building or the Building which may subject Landlord to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of law or of any RequirementProject, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect further indemnify defend and hold harmless each of the Indemnities Landlord Indemnified Parties from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any act, omission breach or negligence default in the performance of (A) any Tenant Party or (B) both Landlord and any Tenant Party, provided, however, that obligation on Tenant's liability hereunder with respect part to matters judicially determined to have arisen out of be performed under the negligence of Landlord, which determination shall not be subject to appeal, shall be limited to the amount of insurance coverage carried by Tenant pursuant to Article 12 terms of this Lease, (ii) against the Indemnitees or arising from any accidentact or omission of, injury or damage whatsoever caused due to the negligence or intentional misconduct of Tenant, or any officer, agent, employee, guest or invitee of Tenant, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or related to any person such claim or to the property of any person and occurring during the Term action or during the period of timeproceeding brought thereon. Tenant, if any, prior to the commencement or following the expiration as a material part of the Term that any Tenant Party may have been given access consideration to any portion Landlord, hereby assumes all risk of the Premises for the purpose of performing work damage to property or otherwiseinjury to persons including death in, in upon or about the Premises, and (iii) against the Indemnitees resulting from any breachcause, violation including without limitation, Landlord's negligence, but except for such damage or nonperformance of any covenantinjury caused solely by Landlord's gross negligence or willful misconduct, condition or agreement of this Lease on the part of and Tenant to be fulfilled, kept, observed and performedhereby waives all claims in respect thereof against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Eloyalty Corp)

Tenant’s Indemnity. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which may subject Landlord to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of law or of any Requirement, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect indemnify and hold harmless each of the Indemnities Landlord against and from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any act, omission or negligence of (A) any Tenant Party or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out of the negligence of Landlord, which determination shall not be subject to appeal, shall be limited to the amount of insurance coverage carried by Tenant pursuant to Article 12 of this Lease, (ii) against the Indemnitees arising from any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring during the Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion use of the Premises for the purpose conduct of performing work its business or otherwisefrom any activity, work, or other thing done, permitted or suffered by the Tenant in or about the Building, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant resulting from any construction activity performed in or about the Premises, Building or adjacent properties, or any officer, agent, employee, contractor, guest, or invitee of Tenant, and (iii) from all and against all costs, attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in the Indemnitees resulting event any action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to any agents, employees, clients, contractors, subcontractors, vendors, or invitees of Tenant in, upon, or about the Premises, the Building and the Property from any breachcause other than Landlord's willful misconduct or negligence, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of and Tenant to be fulfilled, kept, observed and performedhereby waives all claims in respect thereof against Landlord.

Appears in 1 contract

Samples: Office Lease (Abovenet Communications Inc)

Tenant’s Indemnity. The Tenant shall not do or permit to be done any act or thing shall, upon the Premises or the Building which may subject Landlord to any liability or responsibility for injurytimely receipt of written notice, damages to persons or property or to any liability by reason of any violation of law or of any Requirement, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect defend and hold the Landlord harmless each of the Indemnities from and against any and all Losses (as defined in subsection (b) hereof)suits, resulting from any claims (i) against Indenmitees claims, and demands arising from any act, omission out of injury or negligence of (A) any Tenant Party damage occurring at the Premises or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out Lot or Office Park because of the negligence or willful acts of LandlordTenant, which determination shall not be subject to appealits agents, shall be limited to the amount of insurance coverage carried servants, or employees including any construction activity undertaken by Tenant pursuant to Article 12 the terms of this Lease. In no event is Tenant obligated to indemnify, (ii) against the Indemnitees arising defend or save harmless Landlord from any accidentloss, injury injury, or damage whatsoever caused damage, or part thereof, not attributable to any person Tenant's negligence or willful act or those of its agents, servants, or employees. In the event the Landlord is notified of a claim, action or proceeding, or becomes aware of an occurrence, which may result in indemnification by Tenant as provided above, the Landlord shall give prompt written notice to Tenant and provide complete particulars known by the Landlord. The Landlord shall immediately forward to the property Tenant every demand, notice, summons or other process received by Landlord or its representatives. Tenant has the exclusive right and obligation to defend any claim, action, or proceeding wherein Landlord is entitled to indemnification under the provisions of this Article, and Tenant may settle any such claim, action, or proceeding, without Landlord's consent or approval. The Landlord will fully cooperate with the Tenant in the defense or settlement of any person and occurring during the Term claim, action, or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion of the Premises for the purpose of performing work or otherwise, in or about the Premises, and (iii) against the Indemnitees resulting from any breach, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of Tenant to be fulfilled, kept, observed and performedproceeding.

Appears in 1 contract

Samples: Attornment Agreement (Netscout Systems Inc)

Tenant’s Indemnity. Tenant shall not do or permit to be done any act or thing upon to be done in or about the Demised Premises or the Building which may subject Landlord to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of law or of any Legal Requirement, and shall exercise such control over the Demised Premises as to fully protect the Indemnities Landlord against any such liability. Tenant shall indemnifyindemnify and save the Landlord, defendthe members comprising Landlord and its and their partners, protect shareholders, members, officers, directors, employees, agents and hold contractors (the "Indemnitees") harmless each of the Indemnities from and against any and (x) all Losses (as defined in subsection (b) hereof), resulting from any claims (i) of whatever nature against Indenmitees the Indemnitees arising from any act, omission or negligence of (A) any Tenant Party Tenant, its contractors, licensees, agents, servants, employees, invitees or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out of the negligence of Landlord, which determination shall not be subject to appeal, shall be limited visitors directly related to the amount of insurance coverage carried by Tenant pursuant to Article 12 of this LeaseDemised Premises, (iiy) all claims against the Indemnitees arising from any accident, injury or damage whatsoever caused to any person or to the property of any person caused by Tenant, its agents or invitees and occurring during the Lease Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion of the Premises for the purpose of performing work or otherwise, in or about the Demised Premises, and (iiiz) against the Indemnitees resulting from any breach, violation or nonperformance non-performance of any covenant, condition or agreement of in this Lease set forth and contained on the part of Tenant to be fulfilled, kept, observed and performed. This indemnity and hold harmless agreement shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature (including, without limitation, attorneys' fees and disbursements) incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof.

Appears in 1 contract

Samples: Agreement of Lease (Velocity Asset Management Inc)

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Tenant’s Indemnity. To the fullest extent permitted by law, Tenant shall not do indemnify and save harmless Landlord from and against any and all liability, damage, penalties or permit judgments and from and against any claims, actions, proceedings and expenses and costs in connection therewith, including reasonable counsel fees, arising from (a) an Event of Default, (b) injury to be done person or property sustained by anyone in and about the Premises, or (c) from injury to person or property occurring outside the Premises but within the Building or on the Land, to the extent such injury results, or is claimed to have resulted, from any negligent act or thing omission, or negligence on the part of Tenant, or Tenant’s contractors, licensees, agents, servants, employees, or customers, or anyone claiming by or through Tenant, except to the extent that such claims, actions, proceedings and expenses and costs are caused solely by the negligent acts or omissions of Landlord. Tenant shall, at its own cost and expense, defend any and all suits or actions (just or unjust) in which Landlord may be impleaded with others upon any such above mentioned matter, claim or claims, except as may result from the acts as set forth in Section 14.02. All merchandise, furniture, fixtures and property of every kind, nature and description of Tenant or Tenant’s employees, agents, contractors, invitees, visitors, or guests which may be in or upon the Premises or the Building which may subject Landlord to during the Lease Term shall be at the sole risk and hazard of Tenant, and if the whole or any liability part thereof shall be damaged, destroyed, stolen or responsibility for injury, damages to persons or property or to any liability removed by reason of any violation of law cause or of any Requirementreason whatsoever, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect and hold harmless each of the Indemnities from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any act, omission or negligence of (A) any Tenant Party or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out of other than the negligence or willful misconduct of Landlord, which determination shall not be subject to appeal, no part of said damage or loss shall be limited charged to the amount of insurance coverage carried or borne by Tenant pursuant to Article 12 of this Lease, (ii) against the Indemnitees arising from any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring during the Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion of the Premises for the purpose of performing work or otherwise, in or about the Premises, and (iii) against the Indemnitees resulting from any breach, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of Tenant to be fulfilled, kept, observed and performedLandlord.

Appears in 1 contract

Samples: Tenant Estoppel Certificate (A123 Systems, Inc.)

Tenant’s Indemnity. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which may subject Landlord to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of law or of any Requirement, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect indemnify and hold harmless each of the Indemnities Landlord against and from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any act, omission or negligence of (A) any Tenant Party or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out of the negligence of Landlord, which determination shall not be subject to appeal, shall be limited to the amount of insurance coverage carried by Tenant pursuant to Article 12 of this Lease, (ii) against the Indemnitees arising from any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring during the Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion use of the Premises for the purpose conduct of performing work its business or otherwisefrom any activity, work, or other thing done, permitted or suffered by the Tenant in or about the Building, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, resulting from any construction activity performed in or about the Premises, Building or adjacent properties, or any officer, agent, employee, contractor, guest, or invitee of Tenant, and (iii) from all and against all costs, attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in the Indemnitees resulting event any action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to any agents, employees, clients, contractors, subcontractors, vendors, or invitees of Tenant in, upon, or about the Premises, the Building and the Property from any breachcause other than Landlord's willful misconduct or negligence, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of and Tenant to be fulfilled, kept, observed and performedhereby waives all claims in respect thereof against Landlord.

Appears in 1 contract

Samples: Office Lease (Abovenet Communications Inc)

Tenant’s Indemnity. Tenant shall not do indemnify and hold Landlord harmless from and defend Landlord against any and all claims of liability for any injury or permit damage to be done any act person or thing upon property whatsoever (i) occurring in, on or about the Premises or any part thereof; and (ii) occurring in, on or about any facilities (including, without prejudice to the Building generality of the term "facilities," elevators, stairways, passageways, hallways and parking areas), the use of which Tenant may subject Landlord to any liability have in conjunction with other tenants of the Building, when such injury or responsibility for injurydamage is caused in part or in whole by the act, damages to persons negligence, fault or property or to any liability by reason omission of any violation of law duty with respect to the same by Tenant, its agents, contractors, employees or of any Requirement, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liabilityinvitees. Tenant shall indemnify, defend, protect further indemnify and hold Landlord harmless each of the Indemnities from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any actbreach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, omission or arising from any act or negligence of (A) Tenant, or any Tenant Party of its agents, contractors, employees and from and against all costs, reasonable attorneys' fees, expenses and liabilities incurred in the defense of any such claim or (B) both any action or proceeding brought thereon. In case any action or proceeding be brought against Landlord and by reason of any Tenant Partysuch claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord; provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out of the negligence of Landlord, which determination Tenant shall not be subject liable for damage or injury occasioned by the negligence or intentional acts of Landlord and its designated agents or employees unless covered by insurance Tenant is required to appeal, shall be limited to the amount of insurance coverage carried by Tenant pursuant to Article 12 of this Lease, (ii) against the Indemnitees arising from any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring during the Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion of the Premises for the purpose of performing work or otherwise, in or about the Premises, and (iii) against the Indemnitees resulting from any breach, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of Tenant to be fulfilled, kept, observed and performedprovide.

Appears in 1 contract

Samples: Sublease Agreement (Zapme Corp)

Tenant’s Indemnity. Tenant shall not do agrees to indemnify, defend (with counsel reasonably satisfactory to Landlord) and hold Landlord and its officers, directors, partners and employees entirely harmless from and against all liabilities, losses, demands, actions, expenses or permit claims, including attorney’s fees and court costs, for injury to or death of any person or for damages to any property arising out of or in any manner connected with (i) the use, occupancy or enjoyment of the Premises by Tenant or Tenant’s agents, employees, invitees, or contractors (“Tenant’s Agents”) or any work, activity or other things allowed or suffered by Tenant or Tenant’s Agents to be done any act or thing upon the Premises or the Building which may subject Landlord to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of law or of any Requirement, and shall exercise such control over the Premises as to fully protect the Indemnities against any such liability. Tenant shall indemnify, defend, protect and hold harmless each of the Indemnities from and against any and all Losses (as defined in subsection (b) hereof), resulting from any claims (i) against Indenmitees arising from any act, omission or negligence of (A) any Tenant Party or (B) both Landlord and any Tenant Party, provided, however, that Tenant's liability hereunder with respect to matters judicially determined to have arisen out of the negligence of Landlord, which determination shall not be subject to appeal, shall be limited to the amount of insurance coverage carried by Tenant pursuant to Article 12 of this Lease, (ii) against the Indemnitees arising from any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring during the Term or during the period of time, if any, prior to the commencement or following the expiration of the Term that any Tenant Party may have been given access to any portion of the Premises for the purpose of performing work or otherwise, in or about the Premises, (ii) any breach or default in the performance of any obligation of Tenant under this Lease and (iii) against any act or failure to act, whether negligent or otherwise tortious, by Tenant or Tenant’s Agents on or about the Indemnitees resulting Premises, Building or Project. All property of Tenant kept or stored on the Premises or in the building shall be so kept or stored at the risk of Tenant only, and Tenant shall hold Landlord harmless from any breachclaims arising out of damage to the same, violation including subrogation claims by Tenant’s insurance carriers, unless the damage or nonperformance loss was caused by the negligent or reckless act or omission of Landlord and/or its representatives or agents. Neither this nor any covenant, condition or agreement of other indemnification contained in this Lease on is limited by the part amount of insurance carried by Tenant or required to be fulfilled, kept, observed and performedcarried by Tenant under this Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Urban-Gro, Inc.)

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