Common use of USE AND INDEMNITY Clause in Contracts

USE AND INDEMNITY. Lessee shall use the Equipment only in Lessee's business. Lessee agrees not to allow the Equipment to be used by other than its employees, consultants and agents. Lessee acknowledges that the Equipment is leased for commercial purposes and not for personal, family or household use. Lessee agrees to indemnify and hold Lessor, and Lessor's officers, directors, shareholders, partners, affiliates, agents, servants, successors and Assignees, harmless against any and all liabilities, losses, damages, actions, claims and expenses of any kind and nature, including, without limitation, court costs and reasonable attorneys' fees and expenses (each, a "Claim"), directly or indirectly related to or arising in connection with the breach of any representation or warranty of Lessee under this Lease or the manufacture, purchase, licensing, lease or sublease, delivery, installation, operation, use, ownership, maintenance, storage, relocation, return or condition of any Unit of the Equipment (regardless of whether such Unit is at the time in the possession or control of Lessee), except to the extent any such claims, actions, liabilities and expenses result from the willful misconduct of Lessor. The foregoing indemnity shall cover, without limitation, (i) any Claim in connection with a design or other defect (latent or patent) in any Unit, (ii) any Claim for infringement of any patent, copyright, trademark or other intellectual property right, (iii) any Claim resulting from the presence on or under or the escape, seepage, leakage, spillage, discharge, emission or release from any Unit of any Hazardous Materials, including, without limitation, any Claims asserted or arising under any Environmental Law, or (iv) any Claim for negligence or strict or absolute liability in tort. Upon Lessor's written demand, Lessee shall assume and diligently conduct, at its sole cost and expense, the entire defense of Lessor and its agents, employees, successors and assigns against any indemnified Claim described in this Paragraph 5. Lessee shall not settle or compromise any Claim against or involving Lessor without first obtaining Lessor's written consent thereto, which consent shall not be unreasonably withheld. The foregoing indemnity shall continue in full force and effect notwithstanding termination or cancellation of this Lease, whether by expiration of time, operation of law or otherwise.

USE AND INDEMNITY. Lessee shall use the Equipment only in Lessee's business. Lessee agrees Except as set forth in Paraxxxxx 00, Xxxxxx xxxees not to allow the Equipment to be used by other than its employees, consultants and agents. Lessee acknowledges that the Equipment is leased for commercial purposes and not for personal, family or household use. Lessee agrees to indemnify and hold Lessor, and Lessor's officers, directors, shareholders, partners, affiliates, agents, servants, successors and Assignees, harmless against any and all liabilities, losses, damages, actions, claims and expenses of any kind and nature, including, without limitation, court costs and reasonable attorneys' fees and expenses (each, a "Claim"), directly or indirectly related to or arising in connection with the breach of any representation or warranty of Lessee under this Lease or the manufacture, purchase, licensing, lease or sublease, delivery, installation, operation, use, ownership, maintenance, storage, relocation, return or condition of any Unit of the Equipment (regardless of whether such Unit is at the time in the possession or control of Lessee)) arising from acts during the Term of each Schedule and prior to any redelivery of the Equipment to Lessor, except to the extent any such claims, actions, liabilities and expenses result from the gross negligence or willful misconduct of Lessor. The foregoing indemnity shall cover, without limitation, (i) any Claim in connection with a design or other defect (latent or patent) in any Unit, (ii) any Claim for infringement of any patent, copyright, trademark or other intellectual property right, (iii) any Claim resulting from the presence on or under or the escape, seepage, leakage, spillage, discharge, emission or release from any Unit of any Hazardous Materials, including, without limitation, any Claims asserted or arising under any Environmental Law, or (iv) any Claim for negligence or strict or absolute liability in tort. Upon Lessor's written demand, Lessee shall assume and diligently conduct, at its sole cost and expense, the entire defense of Lessor and its agents, employees, successors and assigns against any indemnified Claim described in this Paragraph 513. Lessee shall not settle or compromise any Claim against or involving Lessor without first obtaining Lessor's written consent thereto, which consent shall not be unreasonably withheld. The foregoing indemnity shall continue in full force and effect notwithstanding the termination or cancellation of this Lease, whether by expiration of time, operation of law or otherwise.

USE AND INDEMNITY. Lessee shall use the Equipment only in Lessee's business. Lessee agrees not to allow the Equipment to be used by other than its employees, consultants and agents. Lessee acknowledges that the Equipment is leased for commercial purposes and not for personal, family or household use. Lessee agrees to indemnify and hold Lessor, and Lessor's officers, directors, shareholders, partners, affiliates, agents, servants, successors and Assignees, harmless against any and all liabilities, losses, damages, actions, claims and expenses of any kind and nature, including, without limitation, court costs and reasonable attorneys' fees and expenses (each, a "Claim"), directly or indirectly related to or arising in connection with the breach of any representation or warranty of Lessee under this Lease or the manufacture, purchasepurchase (other than any Claim resulting from Lessor's breach of its obligations under any Purchase Order Assignment), licensing, lease (other than any Claim resulting from Lessor's breach of its obligations under the Lease) or sublease, delivery, installation, operation, use, ownership, maintenance, storage, relocation, return or condition of any Unit of the Equipment (regardless of whether such Unit is at the time in the possession or control of Lessee), except to the extent any such claims, actions, liabilities and expenses result from the gross negligence or willful misconduct of Lessor. The foregoing indemnity shall cover, without limitation, (i) any Claim in connection with a design or other defect (latent or patent) in any Unit, (ii) any Claim for infringement of any patent, copyright, trademark or other intellectual property right, (iii) any Claim resulting from the presence on or under or the escape, seepage, leakage, spillage, discharge, emission or release from any Unit of any Hazardous Materials, including, without limitation, any Claims asserted or arising under any Environmental Law, or (iv) any Claim for negligence (other than relating to the gross negligence of Lessor) or strict or absolute liability in tort. Upon Lessor's written demand, Lessee shall assume and diligently conduct, at its sole cost and expense, the entire defense of Lessor and its agents, employees, successors and assigns against any indemnified Claim described in this Paragraph 513. Lessee shall not settle or compromise any Claim against or involving Lessor without first obtaining Lessor's written consent thereto, which consent shall not be unreasonably withheld. The foregoing indemnity shall continue in full force and effect notwithstanding the termination or cancellation of this Lease, whether by expiration of time, operation of law or otherwise.

USE AND INDEMNITY. Lessee shall use the Equipment only in Lessee's business. Lessee agrees not to allow the Equipment to be used by other than its employees, consultants consultants, customers and agents. Lessee acknowledges that the Equipment is leased for commercial purposes and not for personal, family or household use. Lessee agrees to indemnify and hold Lessor, and Lessor's officers, directors, shareholders, partners, affiliates, agents, servants, successors and Assignees, harmless against any and all liabilities, losses, damages, actions, claims and expenses of any kind and nature, including, without limitation, court costs and reasonable attorneys' fees and expenses (each, a "Claim"), directly or indirectly related to or arising in connection with the breach of any representation or warranty of Lessee under this Lease or the manufacture, purchase, licensing, lease or sublease, delivery, installation, operation, use, ownership, maintenance, storage, relocation, return or condition of any Unit of the Equipment (regardless of whether such Unit is at the time in the possession or control of Lessee), except to the extent any such claims, actions, liabilities and expenses result from the willful misconduct of Lessor. The foregoing indemnity shall cover, without limitation, (i) any Claim in connection with a design or other defect (latent or patent) in any Unit, (ii) any Claim for infringement of any patent, copyright, trademark or other intellectual property right, (iii) any Claim resulting from the presence on or under or the escape, seepage, leakage, spillage, discharge, emission or release from any Unit of any Hazardous Materials, including, without limitation, any Claims asserted or arising under any Environmental Law, or (iv) any Claim for negligence or strict or absolute liability in tort. Upon Lessor's written demand, Lessee shall assume and diligently conduct, at its sole cost and expense, the entire defense of Lessor and its agents, employees, successors and assigns against any indemnified Claim described in this Paragraph 5. Lessee shall not settle or compromise any Claim against or involving Lessor without first obtaining Lessor's written consent thereto, which consent shall not be unreasonably withheld. The foregoing indemnity shall continue in full force and effect notwithstanding the termination or cancellation of this Lease, whether by expiration of time, operation of law or otherwise.

USE AND INDEMNITY. Lessee shall use the Equipment only in Lessee's business. Lessee agrees not to allow the Equipment to be used by other than its employees, consultants and agents. Lessee acknowledges that the Equipment is leased for commercial purposes and not for personal, family or household use. Lessee agrees to indemnify and hold Lessor, and Lessor's officers, directors, shareholders, partners, affiliates, agents, servants, successors and Assignees, harmless against any and all liabilities, losses, damages, actions, claims and expenses of any kind and nature, including, without limitation, court costs and reasonable attorneys' fees and expenses (each, a "Claim"), directly or indirectly related to or arising in connection with the breach of any representation or warranty of Lessee under this Lease or the manufacture, purchase, licensing, lease or sublease, delivery, installation, operation, use, ownership, maintenance, storage, relocation, return or condition of any Unit of the Equipment (regardless of whether such Unit is at the time in the possession or control of Lessee), except to the extent any such claims, actions, liabilities and expenses result from the willful misconduct of Lessor. The foregoing indemnity shall cover, without limitation, (i) any Claim in connection with a design or other defect (latent or patent) in any Unit, (ii) any Claim for infringement of any patent, copyright, trademark or other intellectual property right, (iii) any Claim resulting from the presence on or under or the escape, seepage, leakage, spillage, discharge, emission or release from any Unit of any Hazardous Materials, including, without limitation, any Claims asserted or arising under any Environmental Law, or (iv) any Claim for negligence or strict or absolute liability in tort. Upon Lessor's written demand, Lessee shall assume and diligently conduct, at its sole cost and expense, the entire defense of Lessor and its agents, employees, successors and assigns against any indemnified Claim described in this Paragraph 513. Lessee shall not settle or compromise any Claim against or involving Lessor without first obtaining Lessor's written consent thereto, which consent shall not be unreasonably withheld. The foregoing indemnity shall continue in full force and effect notwithstanding the termination or cancellation of this Lease, whether by expiration of time, operation of law or otherwise.