Common use of Non Liability and Indemnification Clause in Contracts

Non Liability and Indemnification. 17.1. Tenant Indemnification. Tenant hereby indemnifies, defends, and holds Landlord, Agent and their respective affiliates, owners, partners, directors, officers, agents and employees (collectively, "Landlord Indemnified Parties") harmless from and against any and all Losses (defined below) to the extent arising from or in connection with any or all of: (a) the conduct or management of either or both the Property and the Premises or any business therein, or any work or Alterations done, or any condition created by any or all of Tenant and Tenant's agents, contractors, customers and invitees (collectively, "Tenant's Parties") in or about the Premises during the Term or during the period of time, if any, prior to the Commencement Date that Tenant is given access to the Premises; (b) any act, omission or negligence of any or all of Tenant and Tenant's Parties; (c) any accident, injury or damage whatsoever occurring in, at or upon either or both of the Property and the Premises and caused by any or all of Tenant and Tenant's Parties; (d) any breach by Tenant of any of its warranties and representations under this Lease; (e) any actions necessary to protect Landlord's interest under this Lease in a bankruptcy proceeding involving Tenant or other proceeding involving Tenant under the Bankruptcy Code; (f) any violation or alleged violation by any or all of Tenant and Tenant's Parties of any Law including, without limitation, any Environmental Law; (g) any breach of the provisions of Section 9 by any or all of Tenant and Tenant's Parties; (h) claims for work or labor performed or materials or supplies furnished to or at the request of any or all of Tenant and Tenant's Parties; (i) claims arising from any breach or default on the part of Tenant in the performance of any covenant contained in this Lease; (j) any Hazardous Materials used, exposed, emitted, released, discharged, generated, manufactured, sold, transported, handled, stored, treated, reused, presented, disposed of or recycled in, at, near or under all or any portion of the Premises as a result of the acts or omissions of any or all of Tenant and Tenant's Parties; and (k) the violation of any Environmental Law or any permit, application or consent required in connection with any Environmental Law by any or all of Tenant and Tenant's Parties with respect to the Premises during the Term. This indemnity is not intended to indemnify Landlord and the Landlord Indemnified Parties against the consequences of their own negligence or fault. The term "Losses" in this Section 17 shall mean all claims, demands, expenses, actions, judgments, damages, penalties, fines, liabilities, losses of every kind and nature (including, without limitation, property damage, diminution in value of Landlord's interest in the Premises or the Property, damages for the loss or restriction on use of any space or amenity within the Premises or the Property, damages arising from any adverse impact on marketing space in the Property, sums paid in settlement of claims and any costs and expenses associated with injury, illness or death to or of any person), suits, administrative proceedings, costs and fees, including, without limitation, attorneys' and consultants' reasonable fees and expenses, and the costs of cleanup, remediation, removal and restoration, that are in any way related to any matter covered by the foregoing indemnity. The provisions of this Section 17.1 shall survive the expiration or termination of this Lease.

Non Liability and Indemnification. 17.1Section 20.01 Tenant shall not do or permit any act or thing to be done upon the Premises 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 of public authority, but shall exercise such control over the Premises to fully protect Landlord against any such liability. Tenant Indemnification. Tenant hereby indemnifiesshall defend, defends, indemnify and holds hold harmless Landlord, Agent and their respective affiliatesmanaging agent, ownersother agents, officers, directors, shareholders, partners, directorsprincipals, officers, agents employees and employees tenants in common (collectively, "whether disclosed or undisclosed) (hereinafter collectively referred to as the “Landlord Indemnified Parties"”) harmless from and against any and all Losses claims, demands, liability, losses, damages, costs and expenses (defined belowincluding reasonable attorneys’ fees and disbursements) to the extent arising from or in connection with any or all ofwith: (a) any breach or default by Tenant in the conduct or management full and prompt payment and performance of either or both Tenant’s obligations hereunder beyond the Property and the Premises or any business therein, or any work or Alterations done, or any condition created by any or all of Tenant and Tenant's agents, contractors, customers and invitees (collectively, "Tenant's Parties") cure period contained in or about the Premises during the Term or during the period of time, if any, prior to the Commencement Date that Tenant is given access to the Premisesa written notice; (b) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under or through Tenant; (c) any act, omission or negligence of Tenant or any of its subtenants, assignees or all of Tenant and Tenant's Partieslicensees or its or their partners, principals, directors, officers, agents, invitees, employees, guests, customers or contractors during the term hereof; (cd) any accident, injury or damage whatsoever occurring in, at in or upon either or both of the Property and about the Premises and caused by any or all of Tenant and Tenant's Partiesduring the term hereof; (de) any breach the performance by Tenant of any of its warranties and representations under this Lease; (e) any actions necessary alteration or improvement to protect Landlord's interest under this Lease in a bankruptcy proceeding involving Tenant or other proceeding involving Tenant under the Bankruptcy Code; (f) any violation or alleged violation by any or all of Tenant and Tenant's Parties of any Law demised premises including, without limitation, Tenant’s failure to obtain any Environmental Lawpermit, authorization or license or failure to pay in full any contractor, subcontractor or materialmen performing work on such alteration; (f)any mechanics lien filed, claimed or asserted in connection with any alteration or any other work, labor, services or materials done for or supplied to, or claimed to have been done for or supplied to, Tenant or any person claiming through or under Tenant and (g) any breach of the provisions of Section 9 certification made by any architect or all engineer retained by or on behalf of Tenant and to any governmental authority (as well as any certification also executed or submitted by Landlord if prepared by Tenant's Parties; (h) claims for work or labor performed or materials or supplies furnished to or at the request of any or all of Tenant and Tenant's Parties; (i) claims arising from any breach or default on the part of Tenant in the performance of any covenant contained in this Lease; (j) any Hazardous Materials used, exposed, emitted, released, discharged, generated, manufactured, sold, transported, handled, stored, treated, reused, presented, disposed of or recycled in, at, near or under all or any portion of the Premises as a result of the acts or omissions of any or all of Tenant and Tenant's Parties; and (k) the violation of any Environmental Law or any permit, application or consent required in connection with any Environmental Law by any alteration or all of Tenant and Tenant's Parties with respect improvement to the Premises during Premises. If any claim, action or proceeding is brought against any of the Term. This indemnity is not intended Landlord Parties for a matter covered by this indemnity, Tenant, upon notice from the indemnified person or entity, shall defend such claim, action or proceeding with counsel reasonably satisfactory to indemnify Landlord and the indemnified person or entity (Landlord Indemnified Parties against the consequences of their own negligence or fault. The term "Losses" in this Section 17 shall mean all claims, demands, expenses, actions, judgments, damages, penalties, fines, liabilities, losses of every kind and nature (including, without limitation, property damage, diminution in value of hereby agreeing that counsel for Tenant’s insurance company is acceptable to Landlord's interest in the Premises or the Property, damages for the loss or restriction on use of any space or amenity within the Premises or the Property, damages arising from any adverse impact on marketing space in the Property, sums paid in settlement of claims and any costs and expenses associated with injury, illness or death to or of any person), suits, administrative proceedings, costs and fees, including, without limitation, attorneys' and consultants' reasonable fees and expenses, and the costs of cleanup, remediation, removal and restoration, that are in any way related to any matter covered by the foregoing indemnity. The provisions of this Section 17.1 Article shall survive the expiration or sooner termination of this Leaselease.

Non Liability and Indemnification. 17.1Section 20.01 Tenant shall not do or permit any act or thing to be done upon the Premises 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 of public authority, but shall exercise such control over the Premises to fully protect Landlord against any such liability. Tenant Indemnification. Tenant hereby indemnifiesshall defend, defends, indemnify and holds hold harmless Landlord, Agent and their respective affiliatesmanaging agent, ownersother agents, officers, directors, shareholders, partners, directorsprincipals, officers, agents employees and employees tenants in common (collectively, "whether disclosed or undisclosed) (hereinafter collectively referred to as the “Landlord Indemnified Parties"”) harmless from and against any and all Losses claims, demands, liability, losses, damages, costs and expenses (defined belowincluding reasonable attorneys’ fees and disbursements) to the extent arising primarily and directly from or in connection with any or all of: (a) any breach or default by Tenant in the conduct or management full and prompt payment and performance of either or both Tenant’s obligations hereunder beyond the Property and the Premises or any business therein, or any work or Alterations done, or any condition created by any or all of Tenant and Tenant's agents, contractors, customers and invitees (collectively, "Tenant's Parties") cure period contained in or about the Premises during the Term or during the period of time, if any, prior to the Commencement Date that Tenant is given access to the Premisesa written notice; (b) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under or through Tenant; (c) any act, omission or negligence of Tenant or any of its subtenants, assignees or all of Tenant and Tenant's Partieslicensees or its or their partners, principals, directors, officers, agents, invitees, employees, guests, customers or contractors during the term hereof; (cd) any accident, injury or damage whatsoever occurring in, at in or upon either or both of the Property and about the Premises and caused by any or all of Tenant and Tenant's Partiesduring the term hereof; (de) any breach the performance by Tenant of any of its warranties and representations under this Lease; (e) any actions necessary alteration or improvement to protect Landlord's interest under this Lease in a bankruptcy proceeding involving Tenant or other proceeding involving Tenant under the Bankruptcy Code; (f) any violation or alleged violation by any or all of Tenant and Tenant's Parties of any Law Premises including, without limitation, Tenant’s failure to obtain any Environmental Lawpermit, authorization or license or failure to pay in full any contractor, subcontractor or materialmen performing work on such alteration; (f)any mechanics lien filed, claimed or asserted in connection with any alteration or any other work, labor, services or materials done for or supplied to, or claimed to have been done for or supplied to, Tenant or any person claiming through or under Tenant and (g) any breach of the provisions of Section 9 certification made by any architect or all engineer retained by or on behalf of Tenant and to any governmental authority (as well as any certification also executed or submitted by Landlord if prepared by Tenant's Parties; (h) claims for work or labor performed or materials or supplies furnished to or at the request of any or all of Tenant and Tenant's Parties; (i) claims arising from any breach or default on the part of Tenant in the performance of any covenant contained in this Lease; (j) any Hazardous Materials used, exposed, emitted, released, discharged, generated, manufactured, sold, transported, handled, stored, treated, reused, presented, disposed of or recycled in, at, near or under all or any portion of the Premises as a result of the acts or omissions of any or all of Tenant and Tenant's Parties; and (k) the violation of any Environmental Law or any permit, application or consent required in connection with any Environmental Law by any alteration or all of Tenant and Tenant's Parties with respect improvement to the Premises during Premises, except to the Term. This indemnity is not intended to indemnify Landlord and the Landlord Indemnified Parties against the consequences of their own negligence or fault. The term "Losses" in this Section 17 shall mean all extent that any such claims, demands, expensesliability, actions, judgmentslosses, damages, penalties, fines, liabilities, losses of every kind costs or expenses in subsections (a) through (g) have resulted primarily and nature (including, without limitation, property damage, diminution in value of Landlord's interest in the Premises or the Property, damages for the loss or restriction on use of any space or amenity within the Premises or the Property, damages arising directly from any adverse impact on marketing space in Landlord Parties’ acts, omissions, negligence, or willful misconduct. If any claim, action or proceeding is brought against any of the Property, sums paid in settlement of claims and any costs and expenses associated with injury, illness or death to or of any person), suits, administrative proceedings, costs and fees, including, without limitation, attorneys' and consultants' reasonable fees and expenses, and the costs of cleanup, remediation, removal and restoration, that are in any way related to any Landlord Parties for a matter covered by this indemnity, Tenant, upon notice from the foregoing indemnityindemnified person or entity, shall defend such claim, action or proceeding with counsel reasonably satisfactory to Landlord and the indemnified person or entity (Landlord hereby agreeing that counsel for Tenant’s insurance company is acceptable to Landlord). The provisions of this Section 17.1 Article shall survive the expiration or sooner termination of this Lease.