Common use of Insurance Indemnity Clause in Contracts

Insurance Indemnity. (a) Lessee hereby agrees to indemnify, defend and hold harmless Lessor, its successors, assigns, subsidiaries, directors, officers, agents and employees ("Lessor Parties") from and against any and all damage, loss, liability or expense including, but not limited to, attorney's fees and legal costs suffered by same directly or by reason of any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to, bodily injury, including death resulting anytime therefrom, and property damage sustained by such person or persons which arises out of, is occasioned by or attributable to the use or occupancy of the Premises by Lessee or any Lessee Parties or other areas in any larger or adjacent property owned by Lessor, the acts or omission of the Lessee or any Lessee Parties (as that term is defined below) brought onto the Premises by Lessee, or any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this lease, except to the extent caused by the negligence or willful misconduct of Lessor or any Lessor Parties or the breach by Lessor of any of its obligations under this Lease, except to the extent that Lessee has assumed obligations under this Lease. If any action or proceeding is brought against Lessor or any Lessor Parties by reason of any such claim, Lessee, upon notice from Lessor, shall defend same at Lessee's expense by counsel satisfactory to Lessor. The foregoing indemnity shall not apply to matters for which Lessor indemnifies Lessee pursuant to The terms of this Lease, or to matters covered by the waiver of subrogation set forth in Paragraph 8(g). Except to the extent required to be insured pursuant to insurance required to be maintained by Lessee under the Lease (in which case Lessee shall assume full responsibility therefor) and subject to the last sentence of Paragraph 13.3 of this Lease, Lessor shall indemnify, protect, defend and hold Lessee and its successors, assigns, subsidiaries, directors, officers, agents and employees, licensees, invitees or permitees ("Lessee Parties") harmless from any liability, damages, costs, expenses, causes of action, claims or judgments, including reasonable attorneys' fees and court costs, arising from any act or omission of Lessor (or any Lessor Parties) (but only to the extent of such act or omission), in the performance of its obligations under the Lease when not the result of the act, omission or willful misconduct of Lessee or any Lessee Parties or the breach by Lessee of any of its obligations under this Lease, except to the extent that Lessor has assumed obligations under this Lease. The foregoing indemnity shall not apply to matters for which Lessee indemnities Lessor pursuant to the terms of this Lease or to matters covered by the waiver of subrogation set forth in Paragraph 8(g).

Appears in 2 contracts

Samples: Graphic Controls Corp, Graphic Controls Corp

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Insurance Indemnity. (a) Lessee hereby agrees Tenant shall, at Tenant's sole cost -------------------- and expense, carry and keep in force at all times during the Term (i) a policy of comprehensive general public liability insurance, together with a contractual liability endorsement, with limits of not less than $1,000,000 in respect of bodily injury to indemnify, defend and hold harmless Lessor, its successors, assigns, subsidiaries, directors, officers, agents and employees ("Lessor Parties") from and against any and all damage, loss, liability or expense including, but not limited to, attorney's fees and legal costs suffered by same directly or by reason death of any claimone person, suit an amount not less than $2,000,000 in respect to bodily injuries or judgment brought death(s) occurring in any one occurrence and an amount not less than $500,000 in respect of property damaged or destroyed; (ii) fire and extended coverage insurance covering the full replacement cost of all alterations, additions, partitions, improvements, equipment, furniture, fixtures and inventory made or placed by or Tenant in favor the Lease Premises against "all-risk" of any person or persons for damage, loss or expense due to, but physical loss; (iii) worker's compensations insurance with limits not less than that required by law; and (iv) such additional amounts of insurance and additional types of coverage as Landlord may reasonably request from time to time. Tenant's liability hereunder shall not be limited to, bodily injury, including death resulting anytime therefrom, and property damage sustained by such person or persons which arises out of, is occasioned by or attributable to the use or occupancy of the Premises by Lessee or any Lessee Parties or other areas in any larger or adjacent property owned by Lessor, the acts or omission of the Lessee or any Lessee Parties (as that term is defined below) brought onto the Premises by Lesseeinsurance coverage maintained, or any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this lease, except to the extent caused by the negligence or willful misconduct of Lessor or any Lessor Parties or the breach by Lessor of any of its obligations under this Lease, except to the extent that Lessee has assumed obligations under this Lease. If any action or proceeding is brought against Lessor or any Lessor Parties by reason of any such claim, Lessee, upon notice from Lessor, shall defend same at Lessee's expense by counsel satisfactory to Lessor. The foregoing indemnity shall not apply to matters for which Lessor indemnifies Lessee pursuant to The terms of this Lease, or to matters covered by the waiver of subrogation set forth in Paragraph 8(g). Except to the extent required to be insured pursuant to insurance required to be maintained pursuant hereto by Lessee under Tenant. All such policies shall be with companies licensed to do business in the Lease (state in which case Lessee shall assume full responsibility therefor) the Land is located, and subject from a responsible company satisfactory to the last sentence of Paragraph 13.3 of this LeaseLandlord, Lessor shall indemnify, protect, defend and hold Lessee and its successors, assigns, subsidiaries, directors, officers, agents and employees, licensees, invitees or permitees ("Lessee Parties") harmless from any liability, damages, costs, expenses, causes of action, claims or judgments, including reasonable attorneys' fees and court costs, arising from any act or omission of Lessor (or any Lessor Parties) (but only to the extent of such act or omission), in the performance of its obligations under the Lease when not the result of the act, omission or willful misconduct of Lessee or any Lessee Parties or the breach by Lessee of any of its obligations under this Lease, except to the extent that Lessor has assumed obligations under this Lease. The foregoing indemnity shall not apply to matters for which Lessee indemnities Lessor pursuant to the terms of this Lease or to matters covered by the contain a waiver of subrogation set forth as contemplates in Paragraph 8(gSection 10(d) below. Landlord, and Landlord's Mortgagee if requested by Landlord, shall be named as additional insurers under such insurance policies. All such insurance policies shall be primary and non-contributing with any insurance carried by the Landlord, shall be written on an "occurrence" basis and not on a "claims-made" basis, and shall contain endorsements requiring 45 days' notice to Landlord prior to any cancellation or any reduction in amount of coverage. Tenant shall deliver to Landlord as a condition precedent to Tenant's taking occupancy of the Leased Premises (but not to Tenant's obligation to pay Rent), A complete duplicate copy of all such policies maintained by Tenant, and shall also deliver copies thereof to Landlord not less than 30 days prior to the expiration date of each such policy. Tenant's failure to comply with any of the requirements of this Section 10(a) shall be an Event of Default.

Appears in 2 contracts

Samples: Lease Between (Equinix Inc), Lease Between (Equinix Inc)

Insurance Indemnity. (a) Lessee hereby Tenant covenants and agrees that from and after the date of delivery of the Premises from Landlord to indemnifyTenant, defend Tenant will carry and hold harmless Lessormaintain, at its successorssole cost and expense, assignscommercial general liability insurance (for its own account and no other insured party), subsidiarieswhich shall include broad form property damage liability coverage, directors, officers, agents and employees extended (as per Insurance Services Offices ("Lessor PartiesISO") CG 0001 04/13) including bodily injury coverage, personal and advertising injury liability coverage, product/completed operations liability coverage, contractual liability coverage and independent contractors coverage, in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence and general aggregate basis for property damage, personal injury and bodily injury or death of one or more persons, Five Million Dollars ($5,000,000.00) for completed operations and Five Million Dollars ($5,000,000.00) for personal and advertising injury; it being agreed that such limits may be achieved via a combination of primary and umbrella/excess insurance policies. Tenant shall be named as insured, and Landlord and Landlord’s agents, mortgagees, and such other parties as Landlord may reasonably request on written notice to Tenant shall be named as additional insureds on such policy using the standard ISO CG 20 11 (04/13) form or its equivalent. The insurance coverage required under this Section 10(a) shall be afforded under the standard ISO CG 0001 (04/13) form or its equivalent, and shall not contain any exclusion for contractual liability coverage for any of the foregoing coverages. The insurance coverage required under this Section 10(a) shall, in addition, extend to any liability of Tenant arising out of the indemnities by Tenant provided in this Lease. (b) Tenant shall, from and against any after the Commencement Date, carry and maintain, at its sole cost and expense, special form (formerly "all-risk") property insurance including coverage for loss from flood, water damage from all damage, loss, liability or expense including, causes including but not limited to, attorney's fees and legal costs suffered by same directly or by reason of any claim, suit or judgment brought by or in favor of any person or persons for to sprinkler damage, loss sewer discharge or expense due tobackup, but not limited to, bodily injury, including death resulting anytime therefromwater line breakage, and property damage sustained by such person overflow from adjacent properties, vandalism and malicious mischief, covering all of Tenant’s fixtures, equipment, personal property, wall coverings, contents and Tenant Changes now existing or persons which arises out of, is occasioned by or attributable to the use or occupancy of the Premises by Lessee or any Lessee Parties or other areas in any larger or adjacent property owned by Lessor, the acts or omission of the Lessee or any Lessee Parties (as that term is defined below) brought onto the Premises by Lessee, or any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this leaseadded, except to the extent caused by the negligence or willful misconduct of Lessor or any Lessor Parties or the breach by Lessor of any of its obligations under this Lease, except to the extent that Lessee has assumed obligations under this Lease. If any action or proceeding is brought against Lessor or any Lessor Parties by reason of any such claim, Lessee, upon notice from Lessor, shall defend same at Lessee's expense by counsel satisfactory to Lessor. The foregoing indemnity shall not apply to matters for which Lessor indemnifies Lessee pursuant to The terms of this Lease, or to matters covered by the waiver of subrogation set forth in Paragraph 8(g). Except to the extent required to be insured pursuant to insurance required to be maintained by Lessee under the Lease (in which case Lessee shall assume full responsibility therefor) and subject to the last sentence of Paragraph 13.3 of this Lease, Lessor shall indemnify, protect, defend and hold Lessee and its successors, assigns, subsidiaries, directors, officers, agents and employees, licensees, invitees or permitees ("Lessee Parties") harmless from any liability, damages, costs, expenses, causes of action, claims or judgments, including reasonable attorneys' fees and court costs, arising from any act or omission of Lessor (or any Lessor Parties) (but only to the extent of their full replacement costs as updated from time to time during the Term. Any such act or omission), in policy of property insurance shall contain a provision that the performance of its obligations under the Lease when not the result of the act, omission or willful misconduct of Lessee or insurer waives any Lessee Parties or the breach by Lessee of any of its obligations under this Lease, except to the extent that Lessor has assumed obligations under this Lease. The foregoing indemnity shall not apply to matters for which Lessee indemnities Lessor pursuant to the terms of this Lease or to matters covered by the waiver right of subrogation set forth in Paragraph 8(g)against Landlord.

Appears in 1 contract

Samples: Noncompetition and Nonsolicitation Agreement (HF Foods Group Inc.)

Insurance Indemnity. Sublessee shall not do or permit to be done any act or thing in or upon the Premises which will invalidate or be in conflict with the Certificate of Occupancy or the terms of the standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and the fixtures and property therein; and Sublessee shall, at its own expense, comply with all rules, orders, regulations or requirements of the Board of Fire Underwriters or any other similar body having jurisdiction applicable to the Premises, as well as comply with FM Global loss prevention recommendations, with respect to its use thereof. If, by reason of any failure of Sublessee to comply with the provisions of this Lease or Sublessee's use of the Premises for other than the Permitted Use, the rate of fire, boiler, sprinkler, water damage or other insurance (awith extended coverage) Lessee hereby agrees on the Building and property and equipment of Sublessor shall be higher than it otherwise would be, Sublessee shall reimburse Sublessor, as additional rent for that part of the fire, boiler, sprinkler, water, damage or other insurance premiums thereafter paid by Sublessor which shall have been charged because of such failure of Sublessee, and Sublessee shall make the reimbursement within fifteen (15) days of its receipt from Sublessor of a xxxx for the same. Sublessee shall obtain and keep in full force and effect during the term, at its own cost and expense, naming and protecting Sublessee as insured and naming Sublessor, and any of Sublessor's agents, Master Lessor and any mortgagee of the Building of which Sublessee has received written notice from Sublessor, as additional insureds, public liability insurance (with contractual liability endorsements) to indemnify, defend and hold harmless Lessor, its successors, assigns, subsidiaries, directors, officers, agents and employees ("Lessor Parties") from and afford protection against any and all damageclaims for personal injury, lossdeath, liability or expense includingproperty damage occurring in, but upon, about, or connected with the Premises or any part thereof in an amount not limited to, attorney's fees and legal costs suffered by same directly less than $2,000,000 for injury or by reason death arising out of any claimone occurrence and $1,000,000 for damage to property in respect to any one occurrence, suit or judgment brought by or in favor any increased amount reasonably required by Sublessor. Sublessee agrees to carry and maintain insurance against loss or damage by fire or such other risks or hazards as are insurable under then available standard forms of any fire insurance policies with extended coverage, personal property equal to 100% of the full insurable value thereof. All such insurance shall be written in form and substance reasonably satisfactory to Sublessor by an insurance company of recognized responsibility qualified to do business in Massachusetts and may be carried as part of a blanket policy (separately scheduled). Upon failure of Sublessee to procure, maintain and pay all premiums therefor, Sublessor at its option may, upon not less than three (3) days prior written notice, obtain said insurance on Sublessee's behalf, and Sublessee agrees to pay the cost thereof to Sublessor within five (5) days after receipt of written demand as additional rent. Sublessee shall cause to be included in all such insurance policies a provision to the effect that the same will be noncancellable and not permitted to lapse except upon thirty (30) days prior notice to Sublessor. On the Commencement Date appropriate certificates shall be deposited with Sublessor. Any renewals, replacements or endorsements thereto shall also be so deposited. Sublessee shall indemnify and hold Sublessor harmless from and against all claims or damage (including attorneys' fees) to person or persons for damageproperty occurring in or about the Building or arising from, loss related to or expense due to, but not limited to, bodily injury, including death resulting anytime therefrom, and property damage sustained by such person or persons which arises out of, is occasioned by or attributable to in connection with the use or occupancy of the Premises by Lessee or any Lessee Parties the conduct, of Sublessee's business therein or therefrom (other areas in any larger or adjacent property owned by Lessor, the acts or omission of the Lessee or any Lessee Parties (as that term is defined below) brought onto the Premises by Lessee, or any breach or default in the performance of any obligation on Lessee's part than due to be performed under the terms of this lease, except to the extent caused by the negligence or willful misconduct of Lessor Sublessor, its agents or any Lessor Parties or the breach by Lessor of any of its obligations under this Lease, except to the extent that Lessee has assumed obligations under this Lease. If any action or proceeding is brought against Lessor or any Lessor Parties by reason of any such claim, Lessee, upon notice from Lessor, shall defend same at Lessee's expense by counsel satisfactory to Lessor. The foregoing indemnity shall not apply to matters for which Lessor indemnifies Lessee pursuant to The terms of this Lease, or to matters covered by the waiver of subrogation set forth in Paragraph 8(gemployees). Except to the extent required to be insured pursuant to insurance required to be maintained by Lessee under the Lease (in which case Lessee Sublessor shall assume full responsibility therefor) and subject to the last sentence of Paragraph 13.3 of this Lease, Lessor shall indemnify, protect, defend indemnify and hold Lessee and its successors, assigns, subsidiaries, directors, officers, agents and employees, licensees, invitees or permitees ("Lessee Parties") Sublessee harmless from any liability, damages, costs, expenses, causes of action, and against all claims or judgments, damage (including reasonable attorneys' fees fees) to person or property accruing in or about the Property and court costs, arising from any act or omission of Lessor (or any Lessor Parties) (but only to the extent of such act or omission), in the performance of its obligations under the Lease when not the result of the act, omission negligence or willful misconduct of Lessee Sublessor, its agents or any Lessee Parties employees. Sublessor agrees to maintain, or have maintained, with insurance companies of recognized responsibility qualified to do business in the breach by Lessee Commonwealth of any Massachusetts, in full force during the term hereof a policy or blanket policy or policies (separately scheduled) of its obligations under this Lease, except all risk fire and casualty insurance covering the Building and Premises (excluding Sublessee's personal property) for the full replacement value and Sublessor shall deliver to the extent that Lessor has assumed obligations under this Lease. The foregoing indemnity shall not apply to matters for which Lessee indemnities Lessor pursuant to the terms Sublessee certificates of such insurance along with a fully executed copy of this Lease or to matters covered by the waiver of subrogation set forth in Paragraph 8(g)Sublease.

Appears in 1 contract

Samples: Converse Inc

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Insurance Indemnity. (a) Lessee hereby agrees to indemnifyAt all times during the term of this Sublease, defend Sublessee shall, at its sole cost and hold harmless Lessorexpense, its successorskeep all of Sublessee's inventory of product, assigns, subsidiaries, directors, officers, agents merchandise and employees ("Lessor Parties") from and against any contents and all damageof Sublessee's furniture, lossequipment and fixtures insured against loss or damage by fire and the hazards covered by broad-form extended coverage clauses as well as coverage against loss of the merchandise on the Subleased Premises due to theft or embezzlement in an amount at least equal to the replacement value thereof. The Sublessor shall have no interest in that portion of the insurance proceeds attributable to coverage for the merchandise, liability contents or expense includingfurniture owned by the Sublessee. Sublessee shall provide, but not limited toat its sole expense, attorney's fees a fire and legal costs suffered by same directly extended coverage insurance policy on the building and improvements of the Subleased Premises for the full replacement value of all damaged property naming Sublessee as the insured party. All insurance proceeds received under or by reason virtue of any claimsuch policy shall be the property of Sublessor and Sublessee shall have no interest therein. At all times during the term of this Sublease, suit or judgment brought Sublessee shall provide, at Sublessee's cost and expense, policies of commercial general liability insurance insuring the Sublessor and the Sublessee against claims for injury and wrongful death occurring upon the Subleased Premises, issued by or in favor an insurance company acceptable to Sublessor, with minimum limits of any person or persons for damage, loss or expense due to, but not limited to, bodily injury, Three Million Dollars ($3,000,000.00) per occurrence (including death resulting anytime therefromcontractual and completed operations liability), and property damage sustained by insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00) showing the Sublessor as additional insured. Sublessee will deposit copies of such person liability insurance policies with the Sublessor or persons which arises out of, is occasioned by or attributable furnish the Sublessor with certificates of liability insurance prior to the use or occupancy of the Premises by Lessee or Subleased Premises. Sublessee shall deliver to Sublessor certificates evidencing such insurance and each such policy shall contain a provision providing that such policy may not be cancelled prior to the expiration date thereof except upon not less than thirty (30) days' prior written notice to the Sublessor. If at any Lessee Parties or other areas in any larger or adjacent property owned by Lessortime Sublessee shall fail to carry such insurance, the acts or omission of Sublessor may obtain such insurance and Sublessee shall promptly reimburse Sublessor for the Lessee or any Lessee Parties (as that term is defined below) brought onto the Premises by Lessee, or any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this lease, except to the extent caused by the negligence or willful misconduct of Lessor or any Lessor Parties or the breach by Lessor of any of its obligations under this Lease, except to the extent that Lessee has assumed obligations under this Leasecost thereof. If any action or proceeding is brought against Lessor or any Lessor Parties by reason of any such claim, Lessee, upon notice from Lessor, Sublessee shall defend same at Lessee's expense by counsel satisfactory to Lessor. The foregoing indemnity shall not apply to matters for which Lessor indemnifies Lessee pursuant to The terms of this Lease, or to matters covered by the waiver of subrogation set forth in Paragraph 8(g). Except to the extent required to be insured pursuant to insurance required to be maintained by Lessee under the Lease (in which case Lessee shall assume full responsibility therefor) indemnify and subject to the last sentence of Paragraph 13.3 of this Lease, Lessor shall indemnify, protect, defend and hold Lessee and its successors, assigns, subsidiaries, directors, officers, agents and employees, licensees, invitees or permitees ("Lessee Parties") save Sublessor harmless from any liabilityand against all liabilities, damagesobligations, costslosses, damages and claims, actions, suits and proceedings, charges and expenses, causes of action, claims or judgments, including reasonable attorneys' fees fees, which may be imposed upon or incurred by or asserted against the Sublessor in respect of any use or condition of the Subleased Premises or attributed to Sublessee's use, the sale of Sublessee's products or manner of the use of the Subleased Premises, or Sublessee's operations. At all times, Sublessee shall maintain in full force and court costs, arising from any act or omission effect full coverage worker's compensation insurance in accordance with the laws of Lessor (or any Lessor Parties) (but only the state where the Subleased Premises are located with a carrier acceptable to the extent of Sublessor and providing such act or omission), in the performance coverage to Sublessee and all of its obligations under the Lease when not the result of the actemployees, omission or willful misconduct of Lessee or any Lessee Parties or the breach by Lessee of any of its obligations under this Leaseagents, except to the extent that Lessor has assumed obligations under this Lease. The foregoing indemnity shall not apply to matters for which Lessee indemnities Lessor pursuant to the terms of this Lease or to matters covered by the waiver of subrogation set forth in Paragraph 8(g)servants and contractors.

Appears in 1 contract

Samples: Commercial Sublease Agreement (Big Buck Brewery & Steakhouse Inc)

Insurance Indemnity. (a) Lessee hereby agrees to indemnifyDuring the term of this Lease, defend and hold harmless LessorTenant, its successorsassignees and sublessees shall protect, assignsdefend, subsidiaries, directors, officers, agents indemnify and employees ("Lessor Parties") save Landlord harmless from and against any and all damageclaims, losspenalties, liability or expense includingdemands, but not limited toincluding court costs and attorneys’ fees, attorney's fees and legal costs suffered by same whatsoever arising, directly or by reason indirectly, out of any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to, bodily injury, including death resulting anytime therefrom, and property damage sustained by such person or persons which arises out of, is occasioned by or attributable to the from Tenant’s use or occupancy of the Premises by Lessee or any Lessee Parties or other areas Premises. Tenant shall keep in any larger or adjacent property owned by Lessorforce, the acts or omission upon delivery of the Lessee or any Lessee Parties (as that term is defined below) brought onto the Premises by Lessee, Landlord and during the full term of this Lease or any breach renewal or default extension thereof, workmen’s compensation insurance, commercial general liability insurance (occurrence coverage) and special risk property insurance, all issued by a nationally recognized insurance company licensed to do business in South Carolina and having a rating of “A” or better in the most current available Best’s Insurance Reports, with such limits as may be reasonably requested by Landlord from time to time, but with minimum commercial general liability limits not less than $1,000,000.00 single limit coverage and $2,000,000.00 combined coverage (with broad form contractual liability coverage) and, for property damage, not less than the greater of $100,000.00 or the full replacement cost of all property of Tenant within or about the Premises (and any policy proceeds shall be used for the repair or replacement of any property of Tenant damaged or destroyed). Said liability policy shall name Landlord and Landlord’s mortgagee(s) as additional insureds, shall provide that it shall not be canceled, allowed to lapse, reduced or changed for any reason unless and until Landlord is given fifteen (15) days notice in writing by the insurance company and shall insure Tenant’s performance of the indemnity provisions of this Lease (but the amount of such insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation on Lessee's part hereunder). Said insurance policies or other evidence of coverage satisfactory to Landlord shall be performed under deposited with Landlord upon occupancy of Premises by Tenant and from time to time upon the terms request of this leaseLandlord during the term hereof. All liability, except property damage or other casualty insurance policies shall be written as primary policies, not contributory with or secondary to coverage that Landlord may carry. Landlord (for itself and its insurer) waives any rights, including rights and subrogation, and Tenant (for itself and its insurer) waives any rights, including rights of subrogation, each may have against the extent caused other for compensation of any loss or damage occasioned to Landlord or Tenant arising from any risk generally coverable by a standard all-risk policy of insurance or which is actually covered by the negligence property insurance carried by Landlord or willful misconduct of Lessor or any Lessor Parties or the breach by Lessor of any of its obligations under this Lease, except to the extent that Lessee has assumed obligations under this Lease. If any action or proceeding is brought against Lessor or any Lessor Parties by reason of any such claim, Lessee, upon notice from Lessor, shall defend same at Lessee's expense by counsel satisfactory to LessorTenant as applicable. The foregoing indemnity shall not apply to matters for which Lessor indemnifies Lessee pursuant to The terms of this Lease, or to matters covered by the waiver waivers of subrogation set forth shall be operative only so long as available in Paragraph 8(g)the State of South Carolina. Except to The foregoing waivers shall be effective whether or not the extent required to be insured pursuant to parties maintain the insurance required to be maintained by Lessee under the Lease (in which case Lessee shall assume full responsibility therefor) and subject carried pursuant to the last sentence of Paragraph 13.3 of this Lease, Lessor shall indemnify, protect, defend and hold Lessee and its successors, assigns, subsidiaries, directors, officers, agents and employees, licensees, invitees or permitees ("Lessee Parties") harmless from any liability, damages, costs, expenses, causes of action, claims or judgments, including reasonable attorneys' fees and court costs, arising from any act or omission of Lessor (or any Lessor Parties) (but only to the extent of such act or omission), in the performance of its obligations under the Lease when not the result of the act, omission or willful misconduct of Lessee or any Lessee Parties or the breach by Lessee of any of its obligations under this Lease, except to the extent that Lessor has assumed obligations under this Lease. The foregoing indemnity shall not apply to matters for which Lessee indemnities Lessor pursuant to the terms of this Lease or to matters covered by the waiver of subrogation set forth in Paragraph 8(g).

Appears in 1 contract

Samples: County of Charleston   Lease Agreement (Dgse Companies Inc)

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