Indemnification by Landlord. Landlord shall protect, defend, indemnify and hold Tenant, its agents, employees and contractors harmless from and against any and all claims, damages, demands, penalties, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and expenses at the trial and appellate levels) to the extent arising out of or relating to any act, omission, negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors. Nothing contained in this Section 8.03 shall limit (or be deemed to limit) the waivers contained in Section 8.06 below. In the event of any conflict between the provisions of Section 8.06 below and this Section 8.03, the provisions of Section 8.06 shall prevail. This Section 8.03 shall survive the expiration or earlier termination of this Lease.
Indemnification by Landlord. Landlord shall protect, defend, indemnify and hold Tenant, and its parents, owners, affiliates, successors, assigns, directors, officers, agents, employees and contractors harmless from and against any and all claims, damages, demands, penalties, costs, liabilities, losses and expenses (including reasonable attorneys' fees and expenses at the trial and appellate levels) to the extent arising out of or relating to any act, omission, negligence or willful misconduct of Landlord or Landlord's agents, employees or contractors. Nothing contained in this Section 8.03 shall limit (or be deemed to limit) the waivers contained in Section 8.06 below. In the event of any conflict between the provisions of Section 8.06 below and this Section 8.03, the provisions of Section 8.06 shall prevail. This Section 8.03 shall survive the expiration or earlier termination of this Lease.
Indemnification by Landlord. Subject to Tenant’s waivers, releases and agreements in this Article 11 and elsewhere in this Lease, and subject to Tenant’s agreements in Section 11.1.2 and the qualifications with reference to the use of the term “negligence” set forth below, in addition to Landlord’s other indemnification obligations in this Lease (including without limitation in Sections 4.5, 5.8, 9.6 and 18.10) Landlord shall, to the fullest extent allowable under the Laws, indemnify, defend and hold harmless Tenant from and against all Claims brought against Tenant by third parties to the extent caused by or resulting from the negligence or willful misconduct of Landlord or any of Landlord’s Agents. For purposes of this indemnification obligation, the term “negligence” shall not include Landlord’s failure to act in respect of matters which are or were the obligation of Tenant under this Lease, including, without limitation, Claims caused by, incurred or resulting from Tenant’s operations or by Tenant’s use and occupancy of the Premises, whether relating to its original design or construction, latent defects, alteration, maintenance, or use by Tenant or any person thereon, including, without limitation, supervision or otherwise, or from any breach of, default under, or failure to perform any term or provision of this Lease by Tenant or Tenant’s Agents. In the event that Tenant or Tenant’s Agents caused or contributed to cause the Claims for which indemnity is sought under this Section 11.1.3, the damages and expenses (including, without limitation, reasonable attorneys’ fees) shall be allocated, or reallocated, as the case may be, between the indemnified and the indemnifying party, in such proportion as appropriately reflects the relative fault of the two parties, and the liability of the indemnifying party shall be proportionately reduced. The indemnity provisions in this Section shall survive termination or expiration of this Lease.
Indemnification by Landlord. Landlord shall indemnify, defend and hold harmless Tenant and its directors, officers, employees, agents, contractors and attorneys, and their respective successors and assigns (each, an “Indemnified Tenant Party”) from any and all Claims to the extent arising from (x) any acts, intentional omissions, or gross negligence or willful misconduct of Landlord or any person claiming under Landlord, or the contractors, subcontractors, agents, employees, invitees, or visitors of Landlord or any such person, including, without limitation, any and all Claims related to or connected with personal injury (including death of any person) or property damage; and (y) any breach, violation, or nonperformance by Landlord or any person claiming under Landlord or the employees, agents, contractors, subcontractors, invitees, or visitors of Landlord or of any such person, of any term, covenant, or provision of this Lease or any Laws.
Indemnification by Landlord. Landlord shall defend, indemnify and hold Tenant harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Landlord or Landlord's employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees on or around the Premises, or arising from any breach of this Lease by Landlord. Landlord shall use legal counsel reasonably acceptable to Tenant in defense of any action within Landlord's defense obligation.
Indemnification by Landlord. Landlord shall indemnify, defend, save and hold Tenant harmless from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon, incurred by or asserted against Tenant arising out of, connected with or incidental to the sole or gross negligence or willful misconduct of Landlord; provided, however, that Tenant's right to indemnification as provided herein, shall be subject to the limitation set forth in Article XXVIII.
Indemnification by Landlord. Except to the extent arising from the gross negligence or intentional misconduct of Tenant or any of its agents, contractors or employees, Landlord hereby agrees to defend (with counsel reasonably acceptable to Tenant), indemnify and save and hold harmless Tenant from and against all claims of whatever nature (a) arising from or in connection with the operation of the Hotel or the Project (except for the Premises) or arising from any wrongful act, omission or negligence of Landlord or Landlord’s contractors, licensees, agents, servants or employees, or arising from any accident, injury or damage whatsoever caused to any person, or to the property of any person, including that of Tenant’s or Landlord’s agents or employees, occurring during the Term, at the Project (excluding the Premises) including any claim by a third person in connection with damage to the property of any person within the Project (excluding the Premises), (b) arising from any accident, injury or damage occurring outside of the Premises, where such accident, injury or damage results from a wrongful act or omission on the part of Landlord or Landlord’s agents or employees, or (c) arising from any and all claims by Landlord’s employees, including, without limitation, wrongful termination and/or other claims resulting from the termination of Landlord’s employees, if any, at the Project, including such claims arising due to (i) the failure of Landlord to obtain or maintain any necessary Approvals, or (ii) a closure of the business (other than the Gaming Operations) conducted on the Project for any reason. Landlord further covenants and agrees to defend, indemnify and save and hold harmless Tenant from any and all claims in connection with or arising out of any obligations assumed by Landlord and accruing after the termination of this Lease, except for any debts under any obligations or contracts defined as Gaming Expenses hereunder, for which Tenant agrees to defend, indemnify and hold Landlord harmless.
Indemnification by Landlord. Landlord will indemnify Tenant for, and hold harmless Tenant from and against (a) all fines, suits, claims, demands, liabilities, and actions (including costs and expenses of defending against all such actions) resulting or alleged to result from any breach, violation or nonperformance of any covenant or condition hereof by Landlord, and (b) all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments suffered by, recovered from or asserted against Tenant on account of injury or damage to person or property to the extent that any such damage or injury may be incident to, arise out of, or be caused by an act, omission, negligence or misconduct on the part of Landlord or any of its agents, servants, employees or contractors, or when any such injury or damage is the result, proximate or remote, of the violation by Landlord or any of it agents, servants, employees or contractors of any law, ordinance or governmental order of any kind.
Indemnification by Landlord. Except as otherwise provided in Article 10, Landlord covenants at all times to save the Tenant harmless from all loss, cost or damage which may occur or be claimed with respect to any person or persons, corporation, property or chattels on or about the Demised Premises, or to the property itself, resulting from the intentional or grossly negligent acts of Landlord, its invitees, servants and agents.
Indemnification by Landlord. Landlord hereby agrees to and shall indemnify, defend and hold harmless Tenant and its Affiliates, and their respective managers, members, partners, shareholders, officers, directors, agents, employees, successors and assigns, from and against any and all claims, demands, liabilities, causes of action, losses, costs, damages, expenses (including reasonable attorneys’ fees) or judgments arising out of, or in connection with, the following matters: (a) a default in the performance by Landlord of any of the covenants, duties or obligations to be performed by Landlord under this Agreement, including, without limitation, the occurrence of an Landlord Event of Default; (b) any gross negligence, fraud or intentional misconduct on the part of Landlord in connection with the performance, or any attempted performance of its duties, responsibilities or obligations under this Agreement; or (d) any negligence on the part of Landlord in connection with the performance, or any attempted performance of its duties, responsibilities or obligations under this Agreement to the extent such claims, demands, liabilities, causes of action, losses, costs, damages, expenses (including reasonable attorneys’ fees) or judgments are not otherwise paid or fully satisfied from the proceeds of any of the insurance policies maintained by the Parties hereunder.
