Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 18 contracts
Sources: Triple Net Office Lease Agreement, Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Hold Harmless. a. Landlord shall not PARTNER agrees to and does hereby indemnify, hold harmless and defend the DISTRICT and its governing board, officers, employees and agents from every claim or demand made and every cost, liability, loss, damage or expense, of any nature whatsoever, which may be liable incurred by reason of, or which may be directly or indirectly related to:
(a) Liability for damages for: (1) death or bodily injury to Tenantperson; (2) injury to, its agents, servants, employees, contractors, customers loss or invitees for any damage to person theft of property; or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by (3) any other indemnity in this Leaseloss, but rather in confirmation and furtherance thereofdamage or expense arising out of (1) or (2) above, Tenant agrees to indemnifysustained by the PARTNER or any person, defend firm or corporation employed by counsel reasonably acceptable to Landlord and hold Landlord harmless ofthe PARTNER, from and against any and all losseseither directly or by independent contract, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) upon or in connection with the services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result from the active negligence, sole negligence, or willful misconduct of the DISTRICT or its officers, employees or agents.
(b) Any injury to or death of any person person(s), including the DISTRICT’s officers, employees and agents, or damage to or theft, loss or loss of the use of any property occurring in caused by any actual or about the Premises arising from Tenant’s occupancy alleged act, neglect, default, or omission of the PremisesPARTNER, or any person, firm or corporation employed by the conduct of its business PARTNER, either directly or from any activityby independent contract, workarising out of, or thing donein any way connected with, permitted the services covered by this AGREEMENT, whether said injury or suffered by Tenant in damage occurs either on or about off DISTRICT’s property, except for injury/death or damage/loss which result from the Premisesactive negligence, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission sole negligence or willful misconduct of Tenant the DISTRICT or any of its officers, employees or agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers (c) Any liability for damages which may arise from the furnishing or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in copyrighted or about uncopyrighted matter or patented or unpatented invention under this AGREEMENT, except for damages which result from the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseactive negligence, or due to any other grossly negligent act or omission sole negligence or willful misconduct of Landlord the DISTRICT or its officers, employees or agents.
(d) The performance of this AGREEMENT or the Scope of Services by PARTNER, or anyone working under or for the PARTNER, except unless caused by the active negligence, sole negligence or willful misconduct of the DISTRICT or its officers, employees or agents. Where the DISTRICT or its officers, employees or agents are held to be only partially negligent or partially liable based on willful misconduct, the Parties shall be responsible and liable under this Section on a comparative basis. The PARTNER’S obligations under this Section shall not be deemed to be: (i) conditioned upon, or in any manner limited by, the any insurance coverage maintained by a Party or other person or entity; or (ii) conditioned upon the receipt by any person or entity of, or limited to the amount of, any insurance proceeds. For all acts, omissions, or incidents occurring before the termination or expiration of its agents or employeesthis AGREEMENT, the PARTNER’S obligations under this Section shall survive termination/expiration of this AGREEMENT, regardless of whether the PARTNER has then completed the Scope of Work.
Appears in 9 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Hold Harmless. a. Landlord shall not CONTRACTOR agrees to and does hereby indemnify, hold harmless and defend the DISTRICT and its governing board, officers, employees and agents from every claim or demand made and every cost, liability, loss, damage or expense, of any nature whatsoever, which may be liable incurred by reason of, or which may be directly or indirectly related to:
(a) Liability for damages for: (1) death or bodily injury to Tenantperson; (2) injury to, its agents, servants, employees, contractors, customers loss or invitees for any damage to person theft of property; or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by (3) any other indemnity in this Leaseloss, but rather in confirmation and furtherance thereofdamage or expense arising out of (1) or (2) above, Tenant agrees to indemnifysustained by the CONTRACTOR or any person, defend firm or corporation employed by counsel reasonably acceptable to Landlord and hold Landlord harmless ofthe CONTRACTOR, from and against any and all losseseither directly or by independent contract, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) upon or in connection with the services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result from the active negligence, sole negligence, or willful misconduct of the DISTRICT or its officers, employees or agents.
(b) Any injury to or death of any person person(s), including the DISTRICT’s officers, employees and agents, or damage to or theft, loss or loss of the use of any property occurring in caused by any actual or about the Premises arising from Tenant’s occupancy alleged act, neglect, default, or omission of the PremisesCONTRACTOR, or any person, firm or corporation employed by the conduct of its business CONTRACTOR, either directly or from any activityby independent contract, workarising out of, or thing donein any way connected with, permitted the services covered by this AGREEMENT, whether said injury or suffered by Tenant in damage occurs either on or about off DISTRICT’s property, except for injury/death or damage/loss which result from the Premisesactive negligence, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission sole negligence or willful misconduct of Tenant the DISTRICT or any of its officers, employees or agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers (c) Any liability for damages which may arise from the furnishing or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in copyrighted or about uncopyrighted matter or patented or unpatented invention under this AGREEMENT, except for damages which result from the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseactive negligence, or due to any other grossly negligent act or omission sole negligence or willful misconduct of Landlord the DISTRICT or its officers, employees or agents.
(d) The performance of this AGREEMENT or the Scope of Services by CONTRACTOR, or anyone working under or for the CONTRACTOR, except unless caused by the active negligence, sole negligence or willful misconduct of the DISTRICT or its officers, employees or agents. Where the DISTRICT or its officers, employees or agents are held to be only partially negligent or partially liable based on willful misconduct, the Parties shall be responsible and liable under this Section on a comparative basis. The CONTRACTOR’S obligations under this Section shall not be deemed to be: (i) conditioned upon, or in any manner limited by, the any insurance coverage maintained by a Party or other person or entity; or (ii) conditioned upon the receipt by any person or entity of, or limited to the amount of, any insurance proceeds. For all acts, omissions, or incidents occurring before the termination or expiration of its agents or employeesthis AGREEMENT, the CONTRACTOR’S obligations under this Section shall survive termination/expiration of this AGREEMENT, regardless of whether the CONTRACTOR has then completed the Scope of Work.
Appears in 8 contracts
Sources: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement
Hold Harmless. a. Landlord To the fullest extent permitted by law, the Contractor shall not be liable to Tenantdefend, indemnify and hold harmless the Madison County, its representatives, agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation departments and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofauthorities, from and against any and all lossesclaims, injuries, demands, judgments, settlements, damages, losses, liabilities, claims, liens, costs and expenses (includingof any kind or nature, including but not limited toto litigation costs and attorney’s fees, court costswhether arising in law or in equity, reasonable attorneys’ fees all without any limitation whatsoever, arising out of or resulting from the Contractor’s performance of the work and/or duties and/or the transactions contemplated by this agreement and litigation expenses) which are caused, in connection with injury to whole or death in part, by or because of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission of the Contractor, directly or willful misconduct of Tenant or any of its agentsindirectly, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its and/or by the Contractor’s agents, servants, employees, contractorssubcontractors and/or any person or entity employed by Contractor or for whose conduct or action the Contractor may be found or held liable, customers directly or invitees indirectly. In the event that the County is determined to be any percent negligent pursuant to any verdict or judgement, then the Contractor’s obligation to indemnify the County for any damage amount, payment, judgement, settlement, mediation or arbitration award shall extend only to person the percentage of negligence of the Contractor or property caused anyone directly or indirectly engaged or retained by any actit and anyone else for whose acts the Contractor is liable. It is the intention of the parties that the right and entitlement to a defense; the right and entitlement to be held harmless; and the right and entitlement to indemnification shall be as broad as permitted under applicable law. Further, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord the Contractor agrees to indemnifyindemnify the County in like regard in an action upon the contract between the parties and claims between the parties, defend by including counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation costs and expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the . The terms of this Leaseagreement shall not be construed to negate, abridge or due otherwise reduce any other right or obligation of contribution or indemnity which would otherwise exist as to any other grossly negligent act party or omission person subject to this agreement. This agreement and paragraph shall be liberally construed so as to afford the County the fullest possible protection and indemnity. In the event that Contractor shall fail or willful misconduct refuse to defend, hold harmless and/or indemnify the County against any such claim, loss, damage, judgment, settlement or action, Contractor shall be liable to the County for all expense, expenditure and cost incurred or to be incurred by the County in defending, resolving and/or satisfying any such claim, loss, damage, judgment, settlement or action, together with all cost and expense of Landlord the County, including all attorney’s fees, incurred in the County pursuing claim or any of its agents suit or employeesaction against or recovering fees costs and expense from Contractor.
Appears in 6 contracts
Sources: Business Associate Agreement, Contract Agreement, Contract Agreement
Hold Harmless. a. Landlord A. The ADOH makes no warranties, expressed or implied. The Provider Agency, at all times, will indemnify and hold the ADOH harmless from any damages, liabilities, claims and expenses that may be claimed against ADOH or the Provider Agency or for injuries or damages to ADOH or the Provider Agency or another party arising from participation in the AZBOSCOC HMIS or arising from any acts, omissions, neglect or fault of the Provider Agency or its agents, employees, licensees or clients or arising from the Provider Agency's failure to comply with laws, statutes, ordinances or regulations applicable to it or the conduct of its business. This Provider Agency will also hold the ADOH harmless for negative repercussions resulting in the loss of data due to delays, non-deliveries, mis-deliveries or service interruption caused by the Provider Agency's negligence or errors or omissions, as well as natural disasters, technological difficulties and/or acts of God. The ADOH shall not be liable to Tenantthe Provider Agency for damages, losses or injuries to the Provider Agency or another party unless such is the result of negligence or willful misconduct of the ADOH or its agents, servants, employees, contractorslicensees, customers or invitees for any damage to person clients.
B. The Provider Agency makes no warranties, expressed or property caused by any actimplied. The ADOH, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leaseat all times, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord will indemnify and hold Landlord the Provider Agency harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs claims and expenses (includingthat may be claimed against the ADOH or Provider Agency or for injuries or damages to the ADOH, but not limited tothe Provider Agency or another party arising from participation in the AZBOSCOC HMIS or arising from any acts, court costsomissions, reasonable attorneys’ fees and litigation expenses) in connection with injury to neglect or death of any person or damage to or theft, loss or loss fault of the use of any property occurring in ADOH or about the Premises its agents, employees, licensees or clients or arising from Tenantthe ADOH’s occupancy of the Premisesfailure to comply with laws, statutes, ordinances or regulations applicable to it or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about business. Thus ADOH will also hold the Premises, or from any breach or default on the part of Tenant Provider Agency harmless for negative repercussions resulting in the performance loss of any covenant data due to delays, non-deliveries, mis-deliveries or agreement on service interruption caused by the part ADOH or a Provider Agency’s negligence or errors or omissions, as well as natural disasters, technological difficulties and/or acts of Tenant to God. The Provider Agency shall not be performed pursuant liable to the terms ADOH for damages, losses or injuries to the ADOH or another party unless such is the result of this Lease, or due to any other act or omission negligence or willful misconduct of Tenant the Provider Agency or any of its agents, employees, contractors, assigns, subtenants, guest licensees or inviteesclients.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord C. The Provider Agency agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses keep in force a comprehensive general liability insurance policy with combined single limit coverage of not less than five hundred thousand dollars (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person $500,000.00). Said insurance policy shall include coverage for theft or damage to or theft, loss or loss of the use Provider Agency's Arizona BOSCOC HMIS-related hardware and software, as well as coverage of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of Provider Agency's indemnification obligations under this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesAgreement.
Appears in 5 contracts
Sources: Partnership Agreement, Partnership Agreement, Partnership Agreement
Hold Harmless. a. Landlord CONTRACTOR hereby agrees to and shall not be liable to Tenanthold TOWN, its elective and appointive boards, commissions, officers, agents, servantsregistered volunteers, employeesand employees harmless from any liability for damage or claims for damage for personal injury, contractorsincluding death, customers or invitees as well as from claims for any property damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by and any other indemnity in this Leaseclaims of any sort whatsoever, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costsany liabilities, reasonable attorneys’ fees and litigation expenses) claims, losses, or expenses in any manner caused by, arising out of, or in connection with injury to with, either directly or death indirectly, the construction or installation of any person or damage to or theftthe work, loss or loss the guarding of the work, the use of any property occurring improper materials in or about the Premises arising from Tenant’s occupancy construction of the Premiseswork, or the conduct of its business or from any activitynegligent, workwillful, or thing doneintentional acts or omissions by CONTRACTOR or CONTRACTOR's subcontractors, permitted or suffered by Tenant in or about the Premisesagents, or from employee operations under this Agreement, whether such operations by CONTRACTOR or by any breach of CONTRACTOR's subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for CONTRACTOR or any of CONTRACTOR's subcontractors during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, Agreement or due to any other act or omission arising from the sole active negligence or willful misconduct of Tenant the TOWN. The Town Council may retain so much of the money due to the CONTRACTOR as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or any claims for damages as aforesaid. CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, employeesand employees from any suits or actions at law or in equity arising out of the execution, contractorsadoption or implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR), assignssuch indemnification to include all costs of defense, subtenantsjudgments, guest and any awards of attorneys' fees. Should any accident or invitees.
b. Tenant shall not be liable to Landlordincident causing death, its agents, servants, employees, contractors, customers or invitees for any damage to person personal injury or property caused by any actdamage occur between the date CONTRACTOR is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees CONTRACTOR's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but the fact that the TOWN had not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death received the notice of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant cancellation prior to the terms date of this Lease, such accident or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesincident.
Appears in 4 contracts
Sources: Construction Agreement, Construction Agreement, Construction Agreement
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord identify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligations on the Tenant's part of Landlord to be performed pursuant to under the terms of this Leaselease, or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or 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 persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.the negligence of
Appears in 3 contracts
Sources: Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc)
Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenantdefend, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) claims arising on or in connection with injury to the Demised Premises during the Lease Term or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees.
b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim. Tenant upon written notice from Landlord shall not be liable 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 persons in, upon or about the Demised Premises, from any cause other then the misconduct of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises.
(b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. or all matters occurring on the Premises during the Lease Term. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary.
(c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.
Appears in 3 contracts
Sources: Lease Agreement, Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)
Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant’s part of Landlord to be performed pursuant to under the terms of this LeaseLease or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. If any action or proceeding be brought against Landlord by reason of 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 persons in, upon or about the Premises, from any cause other than Landlord’s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises.
(b) Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Property or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with the light, air, or employeesfor any latent defect in the Premises.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Hold Harmless. a. Landlord To the fullest extent permitted by law, Subrecipient shall not be liable and hereby agrees to Tenanthold harmless, defend (with counsel acceptable to the Corporation) and indemnify the Corporation and each and all of its successors, affiliates, or assigns, and any of their employees, officers, directors, attorneys, consultants, agents, servantsmanagers, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofaffiliates, from and against any and all losses, damages, liabilitiescosts, attorneys’ fees, claims, liensexpenses, injuries, property damage, causes of action, violations of law, violations of this Agreement, any infringement of copyright, royalty, or other proprietary rights in consequence of any design(s) created and/or specifications prepared in accordance with the Agreement or Scope of Services, any injuries or damages resulting from defects, malfunction, misuse, etcetera of Subrecipient-provided equipment or materials, and losses of any form or nature arising from or related to the conduct (including any acts, omissions, malfeasance, negligence, or willful misconduct) of Subrecipient or its employees or subcontractors or anyone under Subrecipient’s direction or control or for whose acts or omissions Subrecipient may be deemed responsible or liable (“Subrecipient Staff”), in the performance of the efforts called for in this Agreement, but only, in any case, to the extent caused by the acts, omissions, or negligence of the Subrecipient Staff. This indemnity shall expressly include, but is not limited to, the obligation of Subrecipient to indemnify and reimburse the Corporation for any and all reasonable attorneys’ fees and other litigation or dispute resolution costs and expenses (incurred or to be incurred in the Corporation’s enforcement of this Agreement or any portion thereof against Subrecipient or otherwise arising in connection with Subrecipient including, but not limited to, court costsSubrecipient’s breach, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesviolation, or other non-compliance with this Agreement. This clause shall survive indefinitely the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms termination of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Agreement for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesreason.
Appears in 3 contracts
Sources: Subrecipient Agreement, Subrecipient Agreement, Community Development Block Grant Agreement
Hold Harmless. a. Landlord Landlord, its partners and representatives shall not be liable to Tenant, its or to Tenant’s agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited , its agents, invitees, servants, employees and to the extent permitted by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, law Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless offrom all claims for any such damage. Further, to the extent permitted by law Tenant shall indemnify and defend Landlord from and against any and all lossesclaim, damagesliability, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of on the Premises, or the conduct of its business or resulting from Tenant's failure to comply with any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms term of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. . Tenant shall not be liable to Landlord, its or to Landlord’s agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation its agents, servants, employees, and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant harmless offrom all claims for such damage. Except to the extent arising due to Tenant’s acts, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection omissions or failure to comply with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due Landlord further agrees to indemnify and hold Tenant harmless for Landlord’s failure to comply its obligations as a condominium association owner, including, but not limited to fees and assessments, required pursuant to the terms of the Declaration of Condominium recorded for the Premises and Building. The indemnifications granted by each of Landlord and Tenant herein are subject to any other grossly negligent act or omission or willful misconduct of express provisions to the contrary in this Lease. Notwithstanding the foregoing, in no event shall Landlord or any Tenant be liable to the other for punitive, consequential, indirect, or special damages. The provisions of its agents this Section 9 shall survive expiration or employeesearlier termination of this Lease.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Hold Harmless. a. Landlord shall not be liable To the fullest extent permitted by law, the INSPECTOR agrees to Tenantindemnify, defend and hold the DISTRICT entirely harmless from all liability arising out of:
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to the INSPECTOR’s employees or the INSPECTOR’s subcontractor’s employees arising out of INSPECTOR’s work under this AGREEMENT; and
(2) Liability for damages for (a) death or bodily injury to person; (b) injury to, loss or theft of property; (c) any failure or alleged failure to comply with any provision of law or (d) any other loss, damage or expense arising under either (a), (b), or (c) herein this paragraph, sustained by the INSPECTOR or any person, firm or corporation employed by the INSPECTOR upon or in connection with the PROJECT, except for liability resulting from the sole or active negligence, or willful misconduct of the DISTRICT, its agents, servantsofficers, employees, contractorsagents or independent consultants who are directly employed by the DISTRICT;
(3) Any loss, customers injury to or invitees for any death of persons or damage to person or property caused by any act, neglect, default or omission of the INSPECTOR, or neglect of Tenant. Without limiting any person, firm or being limited corporation employed by any other indemnity in this Leasethe INSPECTOR, but rather in confirmation and furtherance thereofeither directly or by independent contract, Tenant agrees including all damages due to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to loss or theft, loss sustained by any person, firm or loss of corporation including the use of any property occurring in or about the Premises DISTRICT, arising from Tenant’s occupancy of the Premisesout of, or in any way connected with the conduct of its business PROJECT, including injury or from damage either on or off DISTRICT property; but not for any activityloss, workinjury, death or thing donedamages caused by the sole or active negligence, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agentsthe DISTRICT. INSPECTOR, employeesat INSPECTOR’s own expense, contractorscost, assignsand risk, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liensactions, costs and expenses (includingsuits, but not limited toor other proceedings that may be brought or instituted against the DISTRICT, court costsits officers, reasonable attorneys’ fees and litigation expenses) in connection with injury to agents or death employees on account of or founded upon any person or damage to or theft, loss or loss of the use of causes, damages or injuries identified herein Section H and shall pay or satisfy any property occurring in or about judgment that may be rendered against the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this LeaseDISTRICT, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its officers, agents or employeesemployees in any action, suit or other proceedings as a result thereof.
Appears in 2 contracts
Sources: Inspector Services Agreement, Inspector Services Agreement
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or tile Premises for the conduct of its business or from any activity, work, or other thing done, done or permitted by the Tenant in or about the Building (or suffered by Tenant in or about the Premises), or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to the under tile terms of this Lease, or due to arising from any other act or omission or willful misconduct or negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all costs, contractorsattorneys' fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees.
b. proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend the same at Tenant's expense by counsel reasonably acceptable satisfactory to Landlord. Tenant and hold Tenant harmless of, from and against any and as a material part of the consideration to Landlord hereby assumes all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with risk of damage to property or injury to or death of any person or damage to or theftpersons, loss or loss of the use of any property occurring in in, upon or about the Premises arising Premises, from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any cause other grossly negligent act or omission than negligence or willful misconduct of Landlord or any of its agents and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, Falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in tile Premises or in the Building unless known to Landlord or its agents. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. Landlord hereby indemnifies; and holds harmless Tenant and its agents, employees and successors and assignees against any and all liability, loss, suits, claims, actions, costs and expense arising from (i) Landlord's or Landlord's agents' breach of this Lease and (ii) the negligence or willful misconduct of Landlord or its agents.
Appears in 2 contracts
Sources: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, done or permitted by the Tenant in or about the Building (or suffered by Tenant in or about the Premises), or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct or negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all costs, contractorsattorneys' fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees.
b. proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend the same at Tenant's expense by counsel reasonably acceptable satisfactory to Landlord. Tenant and hold Tenant harmless of, from and against any and as a material part of the consideration to Landlord hereby assumes all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with risk of damage to property or injury to or death of any person or damage to or theftpersons, loss or loss of the use of any property occurring in in, upon or about the Premises arising Premises, from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any cause other grossly negligent act or omission than negligence or willful misconduct of Landlord or any of its agents and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in the Premises or in the Building unless known to Landlord or its agents. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.
Appears in 2 contracts
Sources: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)
Hold Harmless. a. Landlord CONSULTANT hereby agrees to and shall not be liable to Tenanthold TOWN and VTA, its elective and appointive boards, commissions, officers, agents, servantsregistered volunteers, employeesand employees harmless from any liability for damage or claims for damage for personal injury, contractorsincluding death, customers or invitees as well as from claims for any property damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by and any other indemnity in this Leaseclaims of any sort what so ever, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costsany liabilities, reasonable attorneys’ fees and litigation expenses) claims, losses, or expenses in any manner caused by, arising out of, or in connection with injury to with, either directly or death indirectly, the construction or installation of any person or damage to or theftthe work, loss or loss the guarding of the work, the use of any property occurring improper materials in or about the Premises arising from Tenant’s occupancy construction of the Premiseswork, or the conduct of its business or from any activitynegligent, workwillful, or thing doneintentional acts or omissions by CONSULTANT or CONSULTANT's subconsultants, permitted or suffered by Tenant in or about the Premisesagents, or from employee operations under this AGREEMENT, whether such operations by CONSULTANT or by any breach of CONSULTANT's subconsultants, or by any one or more persons directly or indirectly employed by, or acting as agent for CONSULTANT or any of CONSULTANT's subconsultants during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONSULTANT for default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, AGREEMENT or due to any other act or omission arising from the sole active negligence or willful misconduct of Tenant the TOWN. The Town Council may retain as much of the money due to the CONSULTANT as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or any claims for damages as aforesaid. CONSULTANT agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONSULTANT shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, employeesand employees from any suits or actions at law or in equity arising out of the execution, contractorsadoption or implementation of this AGREEMENT (exclusive of any such actions brought by CONSULTANT), assignssuch indemnification to include all costs of defense, subtenantsjudgments, guest and any awards of attorneys' fees. Should any accident or invitees.
b. Tenant shall not be liable to Landlordincident causing death, its agents, servants, employees, contractors, customers or invitees for any damage to person personal injury or property caused by any actdamage occur between the date CONSULTANT is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees CONSULTANT's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but the fact that the TOWN had not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death received the notice of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant cancellation prior to the terms date of this Lease, such accident or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesincident.
Appears in 2 contracts
Sources: Agreement for Consultant Services, Consultant Services Agreement
Hold Harmless. a. Tenant shall indemnify, defend and hold Landlord harmless of and from any loss, reasonable attorney’s fees, expenses, claims, fines, suits, costs, and liability of every kind arising because of any bodily injury, death, and/or damage to property occurring in or resulting from any occurrence in the Leased Premises during the Term of this Lease and any holdover period save and except for any costs occasioned by the gross negligence or willful wrongful acts of Landlord or its agents or employees. Landlord shall not be liable to Tenant, Tenant’s employees, agents, invitees, licensees, or visitors, or to any other person, for any injury to person or damage to property on or about the Leased Premises caused by any act or omission of Tenant or its agents, servants, or employees, contractorsor of any other person entering upon the Leased Premises under express or implied invitation by Tenant, customers or invitees for any damage to person or property caused by any actthe improvements located on the Leased Premises becoming out of repair, omission the failure or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death cessation of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesservice provided by Landlord (including security service and devices), or the conduct caused by leakage of its business or from any activitygas, workoil, water, or thing donesteam or by electricity emanating from the Leased Premises. WITHOUT LIMITATION, permitted or suffered by Tenant in or about the PremisesLANDLORD AND TENANT INTEND AND AGREE THAT THE FOREGOING INDEMNITIES AND RELEASES SHALL APPLY TO EACH INDEMNIFIED PARTY WITH RESPECT TO ANY LOSS, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseATTORNEYS’ FEES, or due to any other act or omission or willful misconduct of Tenant or any of its agentsEXPENSES, employeesCLAIMS, contractorsFINES, assignsSUITS, subtenantsCOSTS, guest or inviteesAND LIABILITY OF EVERY KIND THAT IN WHOLE OR IN PART ARE CAUSED BY OR ARISE OUT OF THE NEGLIGENCE OF SUCH (AND/OR ANY OTHER) INDEMNIFIED PARTY.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 2 contracts
Sources: Commercial Lease (Karat Packaging Inc.), Commercial Lease (Karat Packaging Inc.)
Hold Harmless. a. Landlord Tenant shall not be liable to Landlord or to Landlord’s agents, contractors, customers, employees, invitees, licensees, servants or visitors (collectively, "Landlord Related Party”) for any damage to person or property caused by any act, omission or neglect of Landlord, its agents, contractors, customers, employees, invitees, licensees, servants or visitors and Landlord agrees to, subject to Section 6.7, indemnify, defend, and hold Tenant harmless from all Losses (as defined in Section 8.6.2) resulting from such damage. Neither Landlord nor any mortgagee(s) shall be liable to Tenant, its agents, servantscontractors, customers, employees, contractorsinvitees, customers licensees, servants or invitees visitors for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting , its agents, contractors, customers, employees, invitees, licensees, servants or being limited by any other indemnity in this Lease, but rather in confirmation visitors and furtherance thereof, Tenant agrees to, subject to Section 6.7, indemnify, defend by counsel reasonably acceptable to Landlord defend, and hold Landlord and any mortgagee(s) harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or Losses resulting from any activity, work, or thing done, permitted or suffered by Tenant such damage. Notwithstanding anything contained in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant this Lease to the terms contrary, the provisions of this Section 6.6 shall survive the termination of this Lease. If the obligation or liability of Landlord, as set forth in any other part of this Lease, are less than or due contradictory of this indemnity clause, the provisions of this clause shall be deemed and construed to any be modified by such other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant parts. This indemnity shall not be deemed or construed to make Landlord liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage matter that Tenant is obligated to person do or property caused omit by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofby law, an obligation to a third party, or otherwise. The liability of Tenant to indemnify Landlord, as hereinabove set forth, shall not apply to the extent Landlord agrees to indemnify, defend shall be effectively protected by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord insurance required to be performed pursuant to carried by Landlord under this Lease provided Landlord has a valid claim against such insurer therefor. If the terms obligation or liability of Tenant, as set forth in any other part of this Lease, are less than or due contradictory of this indemnity clause, the provisions of this clause shall be deemed and construed to be modified by such other parts. This indemnity shall not be deemed or construed to make Tenant liable for any other grossly negligent act matter that Landlord is obligated to do or omission omit by this Lease, by law, an obligation to a third party, or willful misconduct of Landlord or any of its agents or employeesotherwise.
Appears in 2 contracts
Sources: Office Lease Agreement (Exterran Holdings Inc.), Office Lease Agreement (Exterran Energy Solutions, L.P.)
Hold Harmless. a. Landlord shall not Lessor will be liable held harmless by Lessee from any liability (including reimbursement of reasonable attorneys’ fees and all costs) for damages to Tenantany person or any property in or upon the Leased Space at Lessee's invitation, its or for damages to any person or property resulting from the actions of Lessee (including damages caused by or resulting from the existence of the Structures) on the Leased Space, unless the damages are caused by, or are the result of, the willful misconduct or negligence of Lessor or any of Lessor's agents, servants, employees, contractorslicensees or invitees. Notwithstanding any provisions herein to the contrary, customers it is understood and agreed that all property kept, installed, stored or invitees maintained in or upon the Leased Space by Lessee will be so installed, kept, stored or maintained at the risk of Lessee. Lessor will not be responsible for any loss or damage to person equipment owned by Lessee which might result from tornadoes, lightning, wind storms, or property caused by any actother Acts of God; provided, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leasehowever, but rather in confirmation Lessor will be responsible for, and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord Lessee harmless of, from and against any liability (including reimbursement of reasonable legal fees and all lossescosts), damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury for damages to or death of any person or damage to any property in or theft, loss upon the Premises or loss Leased Space arising out of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct or negligence of Tenant Lessor or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its Lessor's agents, servants, employees, contractorslicensees or invitees. Except for willful misconduct, customers Lessee will in no event be liable in damages for ▇▇▇▇▇▇'s business loss, business interruption or invitees for any damage to person other consequential damages of whatever kind or property caused by any actnature, omission or neglect regardless of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, the cause of the damages, liabilitiesand Lessor, claimsand anyone claiming by or through Lessor, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of expressly waives all claims for the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesdamages.
Appears in 2 contracts
Sources: Option and Land Lease, Option & Land Lease
Hold Harmless. a. Landlord shall not be liable to Tenant for any damage to or loss of any property of Tenant’s agents, employees, licensees, invitees, contractors or other persons, which Tenant places or permits to be placed within the Premises; and Tenant agrees to indemnify, hold harmless, and defend Landlord, at Tenant’s sole cost and expenses, from all claims liabilities and expenses (including reasonable attorney’s fees) incurred by Landlord arising from any such damage or loss. To the extent not prohibited by law, and to the extent that Landlord or its agents are neither negligent nor willful, Landlord shall not be liable for any injuries to Tenant, its agents, servants, employees, contractorslicensees, customers invitees, contractors or invitees for other persons, caused by: the condition, operation or maintenance of the Property; the acts of any damage to person employee, agent, licensee, invitee, or property caused by any act, omission or neglect contractor of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofthe Landlord, Tenant agrees to or other tenants of the Property; or the general public. Tenant shall indemnify, hold harmless and defend by counsel reasonably acceptable to Landlord Landlord, at Tenant’s sole cost and hold Landlord harmless ofexpense, from and against any and all claims, damages to property, injuries to persons, losses, damages, liabilities, claims, liens, costs liabilities and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expensesattorney’s fees) in connection with injury to or death of arising from any person or damage to or theft, loss or loss of the use of any property occurring in or about occurrence within the Premises arising from that is the fault of Tenant’s occupancy of the Premises, ; any act or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its Tenant’s employees, agents, licensees, invitees and contractors within the Property; or Tenant’s breach of any covenant under this Lease. In the event any suit shall be instituted against Landlord by any third person for which Tenant is hereby indemnifying and holding Landlord harmless, Tenant shall defend such suit at Tenant’s sole cost and expense with counsel reasonably satisfactory to Landlord; or, at Landlord’s election, Landlord may defend such suit, in which event Tenant shall pay Landlord, as Additional Rent, Landlord’s costs of such defense. The aforesaid indemnifications and obligations shall survive the Term; and, for purposes of Tenant’s obligations under this Section, the term “Landlord” shall mean and include Landlord and all members, managers, partners, directors, officers and shareholders of Landlord, their agents, employees, independent contractors, representatives, successors and assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 2 contracts
Sources: Standard Office Building Lease (Eargo, Inc.), Standard Office Building Lease (Eargo, Inc.)
Hold Harmless. a. (a) Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold the Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, the Building or the Project, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, all subject, however, to the provisions of Section 21(e) hereof.
b. (b) Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity Subject to the provisions and limitations of Landlord personal liability set forth in this Lease, but rather in confirmation and furtherance thereofSection 34, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold the Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from Landlord’s negligence or intentional acts or omissions, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due all subject, however, to any other grossly negligent act or omission or willful misconduct the provisions of Landlord or any of its agents or employeesSection 21(e) hereof.
Appears in 2 contracts
Sources: Office Lease Agreement (Emdeon Inc.), Office Lease Agreement (Emdeon Inc.)
Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Demised Premises or from the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees.
b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim, for events which arise subsequent to the date of this Agreement, pursuant to the terms of an indemnification agreement contained in a Purchase Agreement, previously executed by the parties. Tenant upon written notice from Landlord shall not be liable 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 persons in, upon or about the Demised Premises, from any cause other then the gross negligence of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises.
(b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary.
(c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.
Appears in 2 contracts
Sources: Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act set or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee guest, or invitee of Tenant, and from all and against all cost, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, 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 persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 2 contracts
Sources: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)
Hold Harmless. a. Landlord Neither Beneficiary or Trustee shall be -------------- obligated to perform or discharge, and do not be liable undertake hereby to Tenantperform nor to discharge, its agentsany obligation, servantsduty or liability with respect to the Trust Property or the Leases solely by reason of this Deed of Trust, employeesand Trustor shall and does hereby agree to defend, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord hold harmless and hold Landlord harmless of, protect Beneficiary or Trustee from and against any and all claims, losses, damagesexpenses, liabilitiesdamage and liabilities (including, claimswithout limitation, liensreasonable attorneys' fees) which may arise or be incurred or accrue in connection therewith, except, in each case, to the extent incurred as a result of the negligence or misconduct of Beneficiary or Trustee, as the case may be, or the failure of Beneficiary or Trustee, as the case may be, to comply in all material respects with Applicable Laws. Should Beneficiary or Trustee incur any such liability, loss or damage, the amount thereof, including all reasonable attorneys' fees and reasonable costs and expenses (includingassociated with actions taken by Beneficiary, but not limited toas the case may be, court costsin defense thereof, reasonable attorneys’ fees or otherwise in protecting its interests hereunder, shall be part of the Mortgaged Obligations and litigation expenses) in connection with injury shall be secured hereby, and Trustor covenants and agrees to or death of reimburse Beneficiary therefor promptly following demand. Should Trustee incur any person or damage to or theftsuch liability, loss or loss of damage, the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation amount thereof including all reasonable attorneys' fees and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, reasonable costs and expenses (includingassociated with actions taken by Trustee in defense thereof, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to shall be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesreimbursed by Trustor promptly after demand therefor.
Appears in 2 contracts
Sources: Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Jafra Cosmetics International Sa De Cv), Credit Agreement (Jafra Cosmetics International Sa De Cv)
Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord, Landlord’s beneficiaries (if Landlord is a land trust), the managing agent of the Building, the leasing agent of the Building and their respective agents, partners, shareholders, officers, directors and employees of the Building harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Leased Premises or the Building arising from Tenant’s occupancy of the Leased Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the PremisesLeased Premises or the Building, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 2 contracts
Sources: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)
Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel reasonably approved by Landlord, all actions against Landlord, any member, partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord (collectively, “Landlord Parties”), holders of mortgages secured by the Premises or the Project and any other party having an interest therein (collectively with Landlord Parties, the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) injury to or death of any person, or damage to or loss of property on the Premises, or the use, condition, or occupancy of the Premises by Tenant, except to the extent, if any, caused by the negligence or willful misconduct of Landlord or any Indemnified Parties and not insured (or required to be insured) by Tenant under this Lease, (b) any violation of this Lease by or attributable to Tenant, or (c) subject to Section 13.4, any wrongful act, fault, omission, or other misconduct of Tenant or its agents, contractors, licensees, sublessees, or invitees. Tenant agrees to use and occupy the Premises and other facilities of the Project at its own risk, and hereby releases the Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law, except in each case, to the extent, if any, caused by the gross negligence or willful misconduct of Landlord or any Indemnified Parties and not covered by insurance carried by Tenant (or that would have been covered under insurance that Tenant is obligated to carry under this Lease).
21.2 Except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord Parties in providing access to the Premises, Tenant agrees that (i) Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person fatal or non-fatal bodily injury or property caused damage occasioned by any act, omission the acts or neglect omissions of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisestenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any such other act or omission or willful misconduct of Tenant or any of its tenant’s agents, employees, contractorslicensees, assigns, subtenants, guest or invitees.
b. Tenant , of the Project and (ii) Landlord shall not be liable to LandlordTenant for losses to property due to theft or burglary, its agentsor damages from criminal acts, servants, employees, contractors, customers or invitees for any damage to person or property caused done by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default persons on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any Project other grossly negligent act or omission or willful misconduct of than Landlord or any its employees or agents. Table of its agents or employees.Contents
Appears in 2 contracts
Sources: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)
Hold Harmless. a. Landlord Subject to Section 9 hereof, Tenant shall not be liable to Tenantindemnify, its defend, and hold harmless Landlord, and Landlord’s agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any actdirectors, omission or neglect of partners, members, and shareholders (“Landlord’s Related Parties”) at Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of’s expense, from and against any and all liabilities, judgments, demands, causes of action, claims, losses, damages, liabilities, claims, liens, costs and expenses (includingexpenses, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses) costs, arising out of the use, occupancy, conduct, operation, or management of the Premises by, or the willful misconduct or negligence of, Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors in connection with injury or about the Building or Premises or arising from any breach or default under this Lease by Tenant, or arising from any accident, injury, or damage, howsoever and by whomsoever caused, to or death of any person or damage to or theftproperty, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, . This indemnification shall survive termination or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms expiration of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. . Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Landlord’s Related Parties for any damage to person or property caused by any act, omission or neglect of Landlord, its agents, employees or contractors. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofMoreover, Landlord agrees to indemnifyshall not be liable for any damage, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless ofinjury, from and against any and all lossesdestruction, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury or theft to or death of any person or damage to or theft, loss or loss of the use Premises, the personal property of Tenant or any property occurring in of the Tenant Parties, Tenant, or about any of the Premises Tenant Parties arising from any breach use or default on condition of the part Premises, or any sidewalks, entrance ways, or parking areas serving the Premises, or the act or neglect of Landlord in co-tenants or any other person, or the performance malfunction of any covenant equipment or agreement on apparatus serving the part of Landlord to be performed pursuant to the terms of this LeasePremises, or due any loss thereof by mysterious disappearance or otherwise. Any and all claims against Landlord for any damage referred to any other grossly negligent act in this Section 16.1 are hereby waived and released by Tenant and Tenant shall look to its insurance to recover the cost thereof. This provision shall not be construed to make Tenant responsible for loss, damage, liability or omission expense resulting from injuries to third parties caused by the sole negligence or willful misconduct of Landlord Landlord, or any of its agents officers, contractors, licensees, agents, employees, or employeesinvitees.
Appears in 2 contracts
Sources: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)
Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by with counsel reasonably acceptable to Landlord Lessor and hold Landlord Lessor and Lessor’s Agents, partners, directors and shareholders harmless of, from and against any and all losses, damages, liabilities, claims, liensincluding those for property damage, costs and expenses or personal injury including death, arising out of (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesi) in connection with injury to or death of any person or damage to or theft, loss or loss Lessee’s use of the use of Premises or any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisespart thereof, or the conduct of its business or from (ii) any activity, work, work or other thing done, permitted or suffered by Tenant Lessee in or about the Premises, or from (iii) any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Lessee’s part of Tenant to be performed pursuant to under the terms of this Lease, Lease or due to (iv) any other act or omission or willful misconduct negligence of Tenant the Lessee or any of its agentsLessee’s Agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity and in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, each case from and against any and all damages, losses, damages, liabilities, claimspenalties, liensjudgments, and costs and expenses (including, but not limited towithout limitation, court costs, reasonable attorneys’ fees and litigation expensesfees) arising in connection with any such claim or claims as described in clauses (i) through (iv) above, or any suit, action or proceeding brought thereon. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage or loss to property or injury or death to persons in, upon or about all portions of the Premises from any cause, except to the extent caused by the gross negligence or willful misconduct of Lessor or Lessor’s Agents, and Lessee hereby waives all claims in respect thereof against Lessor. Lessor or its Agents shall not be liable for any loss or damage to any property by theft or otherwise, nor for any injury or death of any person or damage to or theft, loss or loss of the use of to persons or property resulting from any property accident, casualty or condition occurring in or about any portion of the Premises, or to any equipment, appliances or fixtures therein, or from any other cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Lessor or Lessor’s Agents where such loss is neither insured against nor required to be insured against by Lessee pursuant to this Lease. Lessor or its Agents shall not be liable for interference with the light or other incorporeal hereditaments, nor shall Lessor be liable for any latent defect in the Premises arising from any breach or default on the part of Landlord in the performance of Building. Notwithstanding any covenant or agreement on the part of Landlord to be performed pursuant to the terms other provision of this Lease, in no event shall Lessor have any liability for loss of business (including, without limitation, lost profits) by Lessee. Lessee shall give prompt written notice to Lessor in case of fire or due to accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. If, by reason of any other grossly negligent act or omission or willful misconduct of Landlord Lessee or any of its agents Lessee’s Agents, Lessor is made a party defendant to any litigation concerning this Lease or employeesany part of the Premises, Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from any liability and damages incurred by (or threatened against) Lessor as a party defendant, including without limitation all damages, costs and expenses, including attorneys’ fees.
Appears in 2 contracts
Sources: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)
Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant’s customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Common Areas, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by any act, omission the improvements located in the Leased Premises becoming out of repair or neglect of Tenant. Without limiting or being limited by any other indemnity defect in this Leaseor failure of equipment, but rather in confirmation pipes, or wiring, or by broken glass, or by the backing of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or the Property, or (5) arising out of the failure or cessation of any service provided by Landlord (including, without limitation, security services and furtherance thereofdevices), and Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costswithout limitation, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant injury. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting Tenant or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable be responsible for and to Tenant indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent illegal act performed in, at or omission or willful misconduct of Landlord or any of its agents or employeesfrom the Leased Premises.
Appears in 2 contracts
Sources: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, 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. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence or willful misconduct of Tenant acts. Landlord or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defects in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 2 contracts
Sources: Lease (Vstream Inc /Co), Lease Agreement (Vstream Inc /Co)
Hold Harmless. a. Landlord shall not be liable (a) Except to Tenantthe extent caused by the negligence or willful misconduct of Landlord, its agents, servants, employees, employees or contractors, customers or invitees for any damage and subject to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofSection 7.02, Tenant agrees to indemnifywill indemnify and save harmless Landlord against and from all liabilities, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all lossesobligations, damages, liabilitiespenalties, claims, liens, costs and expenses (including, but not limited to, court costs, charges and expenses, including reasonable attorneys’ fees and litigation expensesfees, which may be imposed upon, incurred by or asserted against Landlord or which involve Landlord directly or indirectly during the Term for: (i) in connection with injury to any work or death of any person or damage to or theftthing done in, loss or loss of the use of any property occurring in on or about the Premises arising from Tenant’s occupancy Leased Premises; (ii) any use, non-use, possession, occupation, condition, operation, maintenance or management of the Leased Premises, or the conduct of its business or from ; (iii) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default negligence on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractorslicensees, customers invitees, tenants or invitees for occupants; (iv) any injury or death to any person or damage to person or loss of property caused occurring in, on or about the Leased Premises; and (v) any failure on the part of Tenant to perform or comply with any provisions of this Lease (subject to applicable notice and cure periods). If any action or proceeding is brought against Landlord by reason of any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity claim described in this Leasesubparagraph (a), but rather in confirmation and furtherance thereofTenant, Landlord agrees upon notice from Landlord, will either defend such action or proceeding with counsel approved by Landlord, such approval not to be unreasonably withheld or delayed, or satisfy the claim. If Landlord, without fault on its part, shall be made a party to any litigation commenced by or against Tenant, then Tenant shall indemnify, defend by counsel reasonably acceptable to Tenant and hold harmless Landlord therefrom and shall pay Landlord all costs and expenses, including reasonable attorneys’ fees, which Landlord may sustain by reason thereof.
(b) Except to the extent caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors, and subject to Section 7.02, Landlord hereby indemnifies and holds Tenant harmless of, from and against any and all lossesliabilities, obligations, damages, liabilitiespenalties, claims, liens, costs and expenses (including, but not limited to, court costs, charges and expenses, including reasonable attorneys’ fees and litigation expenses) in connection with injury to fees, which may be imposed upon, incurred by or death of any person asserted against Tenant or damage to which involve Tenant directly or theft, loss or loss of the use of any property occurring in or about the Premises indirectly arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or its agents, employees or contractors in or about the Project. If any action or proceeding is brought against Tenant by reason of any claim described in this subparagraph (b), Landlord, upon notice from Tenant, will either defend such action or proceeding with counsel approved by Tenant, such approval not to be unreasonably withheld or delayed, or satisfy the claim. If Tenant, without fault on its agents part, shall be made a party to any litigation commenced by or employeesagainst Landlord, then Landlord shall indemnify, defend and hold harmless Tenant therefrom and shall pay Tenant all costs and expenses, including reasonable attorneys’ fees, which Tenant may sustain by reason thereof.
(c) The provisions of this Section shall survive the termination of this Lease.
Appears in 2 contracts
Sources: Garage Lease (Virgin Trains USA LLC), Garage Lease (Virgin Trains USA LLC)
Hold Harmless. a. Landlord OWNER and GPA shall not be liable to Tenant, its agents, servantsCONTRACTOR or to CONTRACTOR’s customers, employees, contractorsagents, customers guests or invitees invitees, or to any other person whomsoever, for any damage injury to person or damage to property on or about the LEASED PREMISES or the FACILITY, including, but not limited to, consequential damage:
(1) caused by any actact or omission of CONTRACTOR, omission its employees, subcontractors, licensees, invitees and concessionaires invited by CONTRACTOR or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leaseperson entering the FACILITY or the LEASED PREMISES by express or implied invitation of CONTRACTOR; or
(2) arising out of the use of the LEASED PREMISES or the FACILITY by CONTRACTOR, but rather in confirmation and furtherance thereofits employees, Tenant subcontractors, licensees, concessionaires invited by CONTRACTOR or invitees. CONTRACTOR hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord OWNER and GPA harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesfees) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant injury. OWNER and GPA shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees CONTRACTOR for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other CONTRACTORs of the FACILITY or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord any CONTRACTOR specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant OWNER and GPA harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in LEASED PREMISES. CONTRACTOR’s obligations under this Section shall survive the expiration or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, 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 persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 2 contracts
Sources: Lease Agreement (Sionix Corp), Lease Agreement (Prime Bancorp Inc)
Hold Harmless. a. Landlord Except with respect to costs in connection with Lessor’s obligations provided in Article 9 or as otherwise provided in this Lease, Lessor shall not be liable responsible for and is hereby relieved from all liability for any damage, expense, cause of action, suits, demands, judgments, and claims of any nature whatsoever, arising from or by reason of any injury to Tenantany person or persons or any damage to any property which may arise from the negligence of Lessee or its agents, servants or employees, or from present or future structural defects or other conditions in, on or about the Premises or any part thereof or any sidewalks, streets, driveways, railroad sidings, rights of way or roadways adjacent thereto, or in any manner growing out of or connected with the use and occupancy of the Premises or any part thereof by Lessee or any other party during the Term. Subject to Article 9, Lessee accepts and assumes such liability and agrees to protect, indemnify and hold Lessor harmless against any and all such claims, demands, damages, costs, and expenses, including reasonable attorneys’ fees for the defense of such claims and demands arising from the conduct or management of Lessee’s business on the Premises, or its use of the Premises or from any breach on the part of Lessee of any conditions of this Lease, or from any act or negligence of Lessee, its agents, servantscontractors, employees, contractorssublessees, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesconcessionaires, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant licensees in or about the Premises, or from any breach or default on the part of Tenant in the performance . In case of any covenant action or agreement proceeding brought against Lessor by reason of any such claim, Lessee, on notice from Lessor, agrees to defend the part of Tenant to be performed pursuant to the terms of this Lease, action or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant proceeding. This shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for construed as in any damage to person or property caused by any act, omission or neglect of Landlord. Without way limiting or being limited by any other indemnity in Lessee’s obligations under this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 2 contracts
Sources: Industrial Lease (CPG Newco LLC), Industrial Lease (Vycom Corp.)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant Building and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant employees, guest, or agreement on invitee of Tenant, and from all and against all cost, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, 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 persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be performed pursuant liable for any damage to property entrusted to employees of the terms Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from, fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of this Leasethe Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with the light or employeesother incorporated hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.
Appears in 2 contracts
Sources: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)
Hold Harmless. a. Landlord Owner shall defend, hold harmless, and indemnify the Manager and Manager’s agents/employees from any and all claims, demands, and/or liabilities arising in relation to Manager’s management of Owner’s real property with the sole exception of intentional torts and/or the grossly negligent acts of Manager and/or Manager’s agents/employees. The Owner agrees to hold the Manager harmless from liability for any claims related to property defects, injury on or about the Property that may be suffered by any tenant, guest, or contractor on the Property, or any actions or behaviors on the part of the Owner, his agents OTHER THAN the Manager, or assigns that contribute to, cause, or create legal or financial liability, but expressly DOES NOT indemnify the Manager, its agents, or assigns, from any actions or behaviors that may cause legal or financial actions to be taken and that are not explicitly performed at the direction of the Owner. Manager also shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage error of judgment or for any mistake of fact or law, or for anything that Manager may do or refrain from doing hereunder, except in cases of willful misconduct or gross negligence. If suit is brought to person collect Manager’s compensation or property caused if Manager successfully defends any action brought against PropM, Inc. by any actOwner, omission relating to Property, or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance Manager’s management thereof, Tenant Owner agrees to indemnifypay all costs incurred by PropM, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) Inc. in connection with injury to or death such action, including reasonable attorney fees. The undersigned shall not make any disparaging remarks of any person sort or otherwise communicate any disparaging comments about the Company, entities or persons to any third party at any time following the execution of this Agreement. Company agrees that it shall not make any disparaging remarks about the undersigned to any third party at any time. Should Owner submit a complaint and said complaint is deemed to be denied or false by the governing body where submitted, PropM, Inc. will charge Owner a $,10,000.00 defamation fee as the submission will remain in the public forum causing damage to or theftPropM, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the PremisesInc. reputation. PropM, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant Inc. is always open to be performed pursuant discussion to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesremedy a situation however will not tolerate falsely submitted complaints.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 2 contracts
Sources: Property Management Agreement, Property Management Agreement
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney's fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in any case any action or proceeding be brought against Landlord by reason of 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 persons in, upon or about the Premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any loss or damage to Landlordpersons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of the Landlord or its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light, employeesair, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.
Appears in 2 contracts
Sources: Commercial Lease (Northern Empire Bancshares), Commercial Lease (Northern Empire Bancshares)
Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel approved by Landlord, all actions against Landlord, any member, partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord (collectively, “Landlord Parties”), holders of mortgages secured by the Premises or the Project and any other party having an interest therein (collectively with Landlord Parties, the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) injury to or death of any person, or damage to or loss of property on the Premises, the Project, on adjoining sidewalks, streets or ways, that is in any of the foregoing cases, connected with the use, condition, or occupancy of the Premises, except to the extent, if any, caused by the negligence or willful misconduct of Landlord or its employees, contractors or agents or Landlord’s violation of this Lease, (b) any violation of this Lease by or attributable to Tenant, or (c) subject to Section 13.4, any act, fault, omission, or other misconduct of Tenant or its agents, contractors, licensees, sublessees, or invitees. Tenant hereby releases the Indemnified Parties from any and all such claims for any damage or injury to the fullest extent permitted by law.
21.2 Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person fatal or non-fatal bodily injury or property caused damage occasioned by any act, omission the acts or neglect omissions of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisestenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any such other act or omission or willful misconduct of Tenant or any of its tenant’s agents, employees, contractorslicensees, assigns, subtenants, guest or invitees.
b. Tenant , of the Project. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any damage losses due to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss burglary, or loss of the use of any property occurring in or about the Premises arising from any breach or default damages done by persons on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesProject.
Appears in 2 contracts
Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all cost, contractorsattorney's fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees.
b. 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 satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or his agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defects in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 2 contracts
Sources: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)
Hold Harmless. a. Landlord 13.1 The Managing General Agent shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord the Company harmless of, from and against any and all lossesclaims, demands, causes of action, damages, liabilities, claims, liens, costs judgments and expenses (including, but not limited to, court costs, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) which may be made against the Company and which arise, either directly or indirectly, out of any action or inaction of the Managing General Agent or the Managing General Agent’s employees or representatives in connection with injury to any rights or death of any person or damage to or theft, loss or loss obligations of the use of Managing General Agent incurred in connection with this Agreement or with asserting rights hereunder including, but not limited to, any property occurring in action or about the Premises arising from Tenant’s occupancy inaction of the Premises, or Managing General Agent concerning the conduct termination of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed Agent(s) pursuant to the terms of this Lease, Texas Insurance Code or due to any other act applicable law or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesregulation.
b. Tenant 13.2 The Company shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant the Managing General Agent harmless of, from and against any and all lossesclaims, demands, causes of action, damages, liabilities, claims, liens, costs judgments and expenses (including, but not limited to, court costs, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) which may be made against the Managing General Agent and which arise, either directly or indirectly, out of any action or inaction of the Company including, but not limited to, any such acts of negligence by the Company in connection with injury to any rights or death of any person or damage to or theft, loss or loss obligations of the use Company incurred in connection with this Agreement or with asserting rights hereunder.
13.3 The Reinsurer is hereby named as a third party beneficiary to all promises, duties and obligations of any property occurring in or about indemnification made by the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant Managing General Agent to the terms Company to the extent of this Leaseall damages, fines, penalties and/or loss incurred by the Reinsurer as a direct result of indemnifying and holding the Company harmless for the actions and/or inactions of the Managing General Agent. Upon indemnification by the Reinsurer, the Company shall assign its rights of recourse against the Managing General Agent to the Reinsurer, provided always that any benefit or due right of recourse extended to any other grossly negligent act or omission or willful misconduct the Reinsurer shall be subordinate to that of Landlord or any of its agents or employeesthe Company.
Appears in 2 contracts
Sources: Managing General Agency Agreement, Managing General Agency Agreement (Affirmative Insurance Holdings Inc)
Hold Harmless. a. Except for the willful or negligent acts or omissions of Landlord shall not be liable to Tenant, or its agents, servants, agents or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, from and against any and all claims, losses, actions, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses' fees) that (i) arise from or are in connection with injury to Tenant's possession, use, occupancy, management, repair, maintenance, or death of any person or damage to or theft, loss or loss control of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Leased Premises, or the conduct of its business or from any activity, workportion thereof, or thing done, permitted (ii) arise from or suffered by Tenant are in connection with any willful or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other negligent act or omission or willful misconduct of Tenant or any of its Tenant's agents, employees, contractorsinvitees, assigns, or subtenants, guest or invitees.
b. (iii) result from any default, breach, violation, or nonperformance of this Lease or any provisions therein by Tenant, or (iv) arise from injury or death to persons or damage to property sustained on or about the Leased Premises. Tenant shall, at its own cost and expense, defend any and all actions, suits, and proceedings which may be brought against Landlord with respect to the foregoing or in which Landlord may be impleaded. Tenant shall not pay, satisfy, and discharge any and all money judgments which may be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlordrecovered against Landlord in connection with the foregoing. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liensactions, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees ' fees) that arise as a direct result of Landlord's Gross Negligence and litigation expenses) Landlord shall pay, satisfy, and discharge any and all money judgments which may be recovered against Tenant in connection with injury to or death the Gross Negligence of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLandlord.
Appears in 2 contracts
Sources: Lease Agreement (Comstock Homebuilding Companies, Inc.), Lease Agreement (Comstock Homebuilding Companies, Inc.)
Hold Harmless. a. Landlord Tenant does and shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation indemnify and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold keep Landlord harmless of, from and against any and all losses, damages, liabilitiesfines, claimspenalties, liensliabilities and expenses, costs and expenses (including, but without limitation, attorney's fees incurred whether or not limited tosuit is brought, court costs, reasonable attorneys’ fees at trial and litigation expenses) appellate levels which may arise or be claimed against Landlord and be in connection with injury to or death favor of any person persons or damage to entities, consequent upon or theft, loss or loss of arising from the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the PremisesPromises by Tenant. or consequent upon or arising from any acts. omissions, neglect or fault of Tenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its their respective agents, servants, employees, contractorslicensees, customers visitors, customers, patrons or invitees for invitees, or consequent upon or arising from Tenant's failure to comply with any damage to person laws, statutes, ordinances, codes or property caused by any act, omission or neglect of Landlordregulations as herein provided. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable shall not be liable to Tenant and hold Tenant harmless ofdoes hereby release, remise, quitclaim and forever discharge Landlord from and against any and all damages, losses, damagesclaims or injuries to the officers, liabilitiesdirectors, claimsowners, liensagents, costs servants, employees, licensees, guests, visitors, customers, persons or property of Tenant which may be caused by the acts, neglect, omissions or faults of any persons or entities except for the negligence of Landlord or its employees. Tenant shall look solely to Landlord's interest in the Building and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in Landlord's personal property used in connection therewith for the satisfaction of any judgment or decree based upon any matters arising in connection with injury or in any way related to this Lease or death of any person the Building and no other property or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part asset of Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of such judgment or decree. In case Landlord shall be made a party to any litigation commenced against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation and any appeal thereof. The provisions of this paragraph shall survive the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 2 contracts
Sources: Office Lease Agreement (Claires Stores Inc), Office Lease Agreement (BMS Distributing Corp.)
Hold Harmless. a. Landlord (a) Neither Landlord, its agents, servants, employees, any other holder of any deed to secure debt or mortgage nor the lessor under any superior lease shall not be liable to Tenant, or to Tenant’s employees, agents, invitees, licensees, contractors or visitors, or to any other person, for any injury to person or damage to property or for consequential, incidental, indirect, special or punitive damages of any nature on or about the Premises or Property, caused by any act or omission of Tenant, its agents, servants or employees, or of any other persons entering upon the Premises or Property under express or implied invitation by Tenant, or caused by the Premises or Property or the improvements located thereon becoming out of repair, the failure or cessation of any service provided by Landlord, or caused by leakage of gas, oil, water or steam or by electricity emanating from the Premises or Property; provided, however, Landlord shall be liable for actual damages resulting from the gross negligence or willful misconduct of Landlord or Landlord’s agents, servants, representatives, employees, contractors, invitees or licensees.
(b) Except if resulting from the gross negligence or willful misconduct of Landlord, or its employees, contractors, agents, representatives, servants, invitees or licensees, subject to Section 7.2 above, Tenant agrees to indemnify, defend and hold harmless Landlord, its agents, servants, employees, any holder of any deed to secure debt, deed of trust or mortgage of and from any losses, reasonable attorney’s fees, expenses or claims (i) arising out of any damage or injury of any kind caused by the negligence or willful misconduct of Tenant, or any of its agents, servants, employees, contractors, customers subtenants, assignees or invitees for any damage to person or property caused by any actinvitees, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, and/or (ii) resulting from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered Premises by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers subtenants, assignees or invitees for any damage invitees.
(c) Subject to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation Sections 7.2 and furtherance thereof7.3(a) above, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless ofTenant, its agents, servants or employees of and from and against any and all losses, damagesreasonable attorney’s fees, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising claims resulting from any breach damage or default on injury caused by the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission gross negligence or willful misconduct of Landlord Landlord, or any of its agents agents, servants, employees, contractors, subtenants, assignees or employeesinvitees.
(d) The provisions of this Section 7.3 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Blackbaud Inc)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against any from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business business, or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct of Tenant the Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees.
b. invitee of Tenant, and from all costs, attorneys’ fees and liabilities incurred in or about the defense of any such claim, or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel designated by Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk or damage to property or injury to persons in, upon or about the Premises from any cause other than Landlord’s negligence or gross or intentional misconduct; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents on the Premises. Landlord or its agents shall not be liable for any loss or damage to persons or property, or Tenant’s business, resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the property or from the pipes, appliances or plumbing works thereon, or from the roof, street or subsurface, or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or air, employees, contractors, customers or invitees for any damage to person or property caused by latent defect in the Premises for any act, omission damages arising from any act or neglect of Landlord. Without limiting or being limited by any other indemnity in this Leasetenant, but rather in confirmation and furtherance thereofoccupant or user, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against nor for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises damages arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part failure of Landlord to be performed pursuant to enforce the terms of this Lease, provisions or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeeslease agreement.
Appears in 1 contract
Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant This Lease is made upon the express condition that Lessee agrees to indemnifykeep, defend by counsel reasonably acceptable to Landlord save and hold Landlord harmless ofLessor free from all liability, from and against any and all penalties, losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with , causes of action, claims and/or judgments arising by reason of any injury or damage to or death of any person or damage persons, including without limitation, Lessee, its servants, agents and employees, or property of any kind whatsoever and to whomsoever belonging, including without limitation, Lessee's, its servants', agents', and employees', from any cause or theftcauses whatsoever, including leakage, while in, upon or in any way connected with said demised Premises, of its appurtenances during the term of this Lease or any occupancy hereunder, Lessee hereby covenanting and agreeing to indemnify, protect and save Lessor harmless from all liability, loss costs and obligations on account of or loss arising out of any such injuries or losses, however incurring. Lessee, as a material part of the use consideration to be rendered to Lessor, hereby waives all claims against Lessor for damages to goods, wares and merchandise in, upon of any property occurring about the Premises and for injuries to Lessee, his agents or third persons in or about the Premises from any cause arising at any time including, without limiting the generality of the foregoing, damages arising from Tenant’s occupancy acts or omissions of other tenants of the Premisesbuilding of which the Premises are a part. Notwithstanding the foregoing, in no event shall the Lessee be liable for damages or injury occasioned by the conduct gross negligence or intentional acts or omissions of its business the Lessor or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its Lessor's designated agents, employees, contractors, assigns, subtenants, guest servants or invitees.
b. Tenant employees in which case the Lessor shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant the Lessee harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss damages arising out of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeessame.
Appears in 1 contract
Hold Harmless. a. Landlord shall not CITY acknowledges the Subject Area is over, upon and about the Channel and may be liable subject to Tenantall hazards associated with flood conditions. CITY agrees to assume all risks, its agentsfinancial or otherwise, servantsassociated with CITY’s decisions to engage in activities over, employees, contractors, customers on and about the Subject Area caused by or invitees associated with DISTRICT’s flood control operations and the Channel. CITY hereby releases and waives all claims and recourse against DISTRICT and County including the right of contribution for any loss of or damage to person property, or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person arising from, growing out of or in any way connected with or related to this Agreement, including any damage to or theft, loss or loss interruption of the use of any property occurring in of CITY’s equipment or facilities placed in, on, or about the Premises Subject Area, caused by erosion, flood, or flood overflow conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel, or caused by DISTRICT’S flood control operations, except claims arising from Tenant’s occupancy the concurrent active or sole negligence of the PremisesDISTRICT and/or County, or the conduct of its business or from any activitytheir officers, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, employees and contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord CITY agrees to indemnify, defend by with counsel reasonably acceptable to Tenant approved in writing by DISTRICT’s Board of Supervisors, and hold Tenant harmless ofDISTRICT and the COUNTY and their elected and appointed officials, employees, and agents (“DISTRICT/COUNTY INDEMNITEES”) and their property from and against any and all lossesloss, injury, liability, damages, liabilities, claims, liens, costs and expenses expenses, whether incurred by or made against DISTRICT, COUNTY or any of the DISTRICT/COUNTY INDEMNITEES (including, but not limited to, including attorney’s fees and court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury (i) breach of this AGREEMENT by the CITY or its elected and appointed officials, employees, representatives, member agencies, agents, contractors, operators, invitees, or any person authorized by CITY to conduct activities on the Subject Area (individually and collectively “CITY INDEMNITEES”); (ii) the willful misconduct or negligent acts or omissions of CITY, CITY INDEMNITEES or any of them relating to or death connected with and/or implementation of the CITY Project; and (iii) the accuracy of any person materials, methodology and/or other documentation provided by CITY to DISTRICT, DISTRICT/COUNTY INDEMNITEES or damage to or theft, loss or loss any of them in furtherance of the use implementation of the CITY Project or in performance of this AGREEMENT; provided, however, that
(a) DISTRICT timely provides notice to the CITY upon becoming aware of any property occurring fact, condition or event which may reasonably give rise to CITY’s obligation to defend and indemnify DISTRICT under this section and, (b) nothing in this subparagraph shall operate to relieve DISTRICT or about any DISTRICT/COUNTY INDEMNITEES from responsibility for, or to require their indemnification with respect to, any loss, injury, liability, damages, claims, costs or expenses to the Premises arising extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of DISTRICT, the DISTRICT/COUNTY INDEMNITEES, any party acting on their behalf or under their direction. If judgment is entered against DISTRICT/County and CITY by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and CITY, DISTRICT and CITY agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. The Parties agree that this Agreement shall constitute a separate agreement from any breach approval via the Permits or default on other third parties, and if the CITY Project is invalidated, in part or in whole, rendered null or set aside by a court of Landlord in competent jurisdiction, the performance of any covenant or agreement on the part of Landlord Parties agree to be performed pursuant to bound by the terms of this LeaseSection (Hold Harmless), which shall survive such invalidation, nullification or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeessetting aside.
Appears in 1 contract
Sources: Construction Contract
Hold Harmless. a. Landlord To the extent permitted by law, and except to the extent of Landlord’s negligent acts or omissions. Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its Tenant’s business or from any activity, work, or thing other things done, permitted permitted, or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant’s part of Landlord to be performed pursuant to under the terms of this Lease or arising from any act or negligence of Tenant or any officer, agent, employee, guest, licensee or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. In any action or proceeding brought against Landlord by reason of such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. This indemnification shall survive termination of this Lease. To the extent permitted by law. Tenant hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises from any cause other than the negligence of Landlord, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or Landlord’s agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Premises or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface, or from any other place resulting from dampness, or from any other cause whatsoever, unless caused by or due to any other grossly negligent act or omission or willful misconduct the negligence of Landlord or any Landlord’s agents. Tenant shall give immediate notice to Landlord in case of its agents casualty or employeesaccident incident or claim associated with the Premises.
Appears in 1 contract
Sources: Lease Agreement (VCG Holding Corp)
Hold Harmless. a. Except to the extent any liability for damage or loss is caused by the negligence of Landlord, its agents or employees and subject to provisions of Section 15c hereof, Tenant shall hold harmless Landlord, its shareholders, directors, officers, agents and employees, from any liability for damages to any person or property in or upon the Demised Premises and the Demised Premises, including the person and the property of Tenant and its employees and all persons in the Building at its or their invitation or sufferance, and from all damages resulting from Tenant's failure to perform the covenants or other provisions of this Lease. Subject to the provisions of Section 15c and Section 19 hereof, Landlord shall not be liable to hold harmless Tenant, its agentsshareholders, servantsdirectors, officers, agents and employees, contractors, customers or invitees from any liability for any damage damages to person or property caused by any actarising out of the negligence or willful misconduct of Landlord. All property kept, omission maintained or neglect stored on the Demised Premises shall be so kept, maintained or stored at the sole risk of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and pay all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) sums of money in connection with injury to or death respect of any person labor, service, materials, supplies or damage equipment furnished or alleged to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by have been furnished to Tenant in or about the Demised Premises, and not furnished on order of Landlord, which may be secured by any mechanic's materialmen's or from other lien provided that Tenant may contest such lien, upon providing Landlord adequate security against such lien. If any breach such lien is reduced to final judgment and if such judgment or default process thereon is not stayed, or if stayed and said stay expires, then Tenant shall immediately pay and discharge said judgment. Landlord shall have the right to post and maintain on the part Demised Premises, notices of Tenant in non-responsibility under the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss laws of the use State of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesMinnesota.
Appears in 1 contract
Sources: Lease Agreement (Mgi Pharma Inc)
Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Demised Premises or from the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees.
b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim. Tenant upon written notice from Landlord shall not be liable 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 persons in, upon or about the Demised Premises, from any cause other then the gross negligence of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises.
(b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary.
(c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.
Appears in 1 contract
Sources: Business Lease (VCG Holding Corp)
Hold Harmless. a. Landlord 13.a. Tenant shall not be liable to Tenantdefend, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord free and harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the PremisesPremises or the Project, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leaseand shall further defend, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant Landlord free and harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part obligations of Landlord to be performed pursuant to the terms of Tenant under this Lease, or due to arising from any other grossly negligent act or omission negligence of the Tenant, or any officer, agent, employee, guest or invitee of Tenant, and from and against all costs, attorney fees, expenses and liabilities incurred as a consequence of such claims. In any case, action or proceeding brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's sole expense by counsel reasonably satisfactory to Landlord, or Landlord shall have the right to retain its own counsel to defend any action at the cost of Tenant. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause and Tenant hereby waives all claims in respect thereof against Landlord other than damage and/or injury attributable to gross negligence or willful misconduct of by Landlord, its agents, employees and officers.
13.b. Neither Landlord nor its agents and employees shall be liable to Tenant for any damage to Tenant's property upon the Premises, nor for loss or damage to any property resulting from fire, explosion, falling plaster, theft, steam, gas, electricity, water or any of other cause whatsoever. Neither Landlord nor its agents shall be liable for loss of business by Tenant nor shall Landlord be liable for any latent defect in the Premises or the Project. Tenant shall give prompt notice to Landlord of fire or accidents in the Premises or the Project or any defects therein, including the fixtures and equipment. Notwithstanding the foregoing, however, Landlord shall be responsible for Landlord's gross negligence and willful misconduct.
13.c. Each of the parties hereto agree to defend, indemnify and hold the other party free and harmless from and against any and all claims of any kind or nature caused by or arising from the actions of such indemnifying party, or their respective agents, representatives or employees, during the term hereof. Any insurance proceeds received by either party as a result of any damage or injury covered by this Article 13 shall be applied toward or credited against, as appropriate, the obligations of any indemnifying party under this Article 13.
Appears in 1 contract
Sources: Lease Agreement (Whole Living Inc)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Building or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in In or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in In the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitees of Tenant, and from ail costs, attorney’s fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of 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 persons in, upon or about the Building, from any cause other than Landlord’s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Building. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any loss or damage to persons or properly resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light, employeesair, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesBuilding.
Appears in 1 contract
Sources: Building Lease (VCG Holding Corp)
Hold Harmless. a. Landlord shall not be liable Except to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property the extent caused by any act, omission Landlord’s negligence or neglect of Tenantwillful misconduct. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation Tenant shall indemnify and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to hold harmless Landlord and hold Landlord harmless of, Landlord’s individual or corporate partners against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord and Landlord’s individual or corporate partners against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, reasonable attorney’s fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding to be brought against Landlord, and/or its individual or corporate partners, by reason of 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 persons in, upon or about the Premises, from any cause other than Landlord’s negligence or willful misconduct of misconduct, and Tenant hereby waives all claims in respect thereof against Landlord and/or its individual or any of its agents, employees, contractors, assigns, subtenants, guest corporate partners. Landlord and Landlord’s individual or invitees.
b. Tenant corporate partners and Landlord’s agents shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any loss or damage to person persons or property caused by resulting from fire, explosion, earthquake, landslide, flood, mudflow, earth sinking or shift or rising, insects, vermin or rodents, pollution from any actsource or location, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses contamination (including, but not limited to, court coststoxic waste and hazardous waste) from any source or location, reasonable attorneys’ fees poison, windstorm, tidal wave, wind or water carried objects, hail, aircraft, vehicles, riot or civil commotion, vandalism or malicious mischief, sprinklers (both tire and litigation expenses) in connection with injury to landscape), public handicap provisions or death lack thereof falling objects, including, but not limited to, walls, structure, ceiling or roof systems, broken or damaged utility services, including, but not limited to, steam lines, gas lines, electric lines and panels, and water lines, or any type of appliances or tanks, including, but not limited to, water storage tanks, propane or gas tanks, water heaters, boilers, air-conditioning equipment: seepage or flooding from sea water, ground water, lagoon water, rainwater, run-off from or discharge of any person type of liquid or gas, or any type of loss or damage from the subsurface of the earth, ground surface (including, but not limited to, bodies of water such as oceans, lakes, rivers, streams, reservoirs, ditches), atmosphere, or any other cause whatsoever or from any other place whatsoever which may cause loss or damage to or theft, loss or loss any part of the use of any property occurring in Project, Premises, persons or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseproperty, unless caused by or due to any other grossly negligent act or omission the negligence or willful misconduct of Landlord or any of its agents agents, servants, or employees. Landlord or its agents shall not be liable for interference with the light, air, or for any latent defects in the Premises. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises.
Appears in 1 contract
Sources: Lease (Sunesis Pharmaceuticals Inc)
Hold Harmless. a. Landlord Lessor shall not be liable to TenantLessee's employees, agents, invitees, licensees or visitors, or to any other person, for an injury to any other person, for an injury to person or damage to property on or about the leased premises caused by any act or omission of Lessee, its agents, servantsservants or employees, or of any other person entering upon the leased premises under express or implied invitation by Lessee, or caused by the improvements located on the leased premises becoming out of repair, the failure or cessation of any service provided by Lessor (including security service and devices), or caused by leakage of gas, oil, water or steam or by electricity emanating from the leased premises except to the extent that the failure or cessation of any service, which the Landlord is obligated to provide hereunder, is caused by the negligence or intentional misconduct of the Landlord. Lessee agrees to indemnify and hold harmless Lessor of and from any loss, attorney's fees, expenses or claims arising out of any such damage or injury. Landlord, its agents and employees shall not be liable, and Tenant hereby waives its rights, if any, to claim for any damage or loss as a result of any failure of the Building to comply strictly with the ADA as it applies to the Building. Tenant hereby agrees to save, hold harmless and defend Landlord from any claims, suits or liabilities made against the Landlord by any of Tenant's existing or prospective clients, employees, contractorsagents, customers servants or invitees for as a result of or in connection with any damage non-compliance of the Premises with the ADA. In the event of any failure of the Building to person or property caused by any actcomply with the ADA, omission or neglect if such alleged defect was not apparent at the date of execution hereof, and if such failure substantially interferes with the operation of Tenant. Without limiting or being limited by any other indemnity 's business in the Premises, Tenant's sole remedy shall be for termination of this Lease, but rather in confirmation and furtherance thereofprovided that, Tenant agrees to indemnify, defend shall have no claim for termination of this Lease based on the non- compliance with the ADA by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses the Building unless Tenant (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesi) in connection with injury to or death promptly gives notice of any person or damage such non-compliance and allows Landlord a reasonable time to or theftcorrect any such non-compliance, loss or loss and (ii) if such compliance is not effected within a reasonable time, Tenant gives no less than ninety (90) days prior written notice of the use termination date, Tenant actually vacates the Premises on or before such termination date, and Tenant is in compliance with its obligations under this Lease on the date the notice is given and on the termination date. In case any claim, demand, action or proceeding is made or brought against Landlord, its agents or employees, as a result of Tenant's default or alleged default of any property occurring in or about the Premises arising from obligation on Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the 's part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to under the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by arising from any act, omission or neglect negligence of Landlord. Without limiting or being limited by any other indemnity in this LeaseTenant, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees, or which gives rise to Tenant's obligation to indemnify Landlord, Tenant shall be responsible for all costs and expenses, including but not limited to reasonable attorneys' fees incurred in defending or prosecution of the same, as applicable.
Appears in 1 contract
Hold Harmless. a. (A) Tenant shall indemnify, defend and hold harmless Landlord shall not be liable to Tenantand its officers, its agentsdirectors, servantspartners, employees, contractorsattorneys and agents (collectively, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, the "Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, Indemnitees") from and against any and all losses, damages, liabilitiesliability, claims, liensdemands, costs and expenses (includingcauses of action, but not limited tojudgments, court costs, reasonable attorneys’ expenses, and all losses and damages arising from any activity in the Premises even if resulting from the negligent act or omission of any of the Tenant Indemnities, and from all costs, attorney fees and litigation expenses) disbursements, and liabilities incurred in connection with injury to or death the defense of any person such claim. Upon notice from Landlord, Tenant shall defend any such claim, demand, cause of action or damage suit at Tenant's expense by counsel satisfactory to Landlord in its reasonable discretion. The provisions of this subsection (A) shall survive the expiration or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms earlier termination of this Lease.
(B) Landlord shall indemnify, or due to any other act or omission or willful misconduct of defend and hold harmless Tenant or any of and its agentsofficers, directors, partners, employees, contractorsattorneys and agent (collectively, assignsthe "Landlord Indemnities") for, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilitiesliability, claims, liensdemands, costs and expenses (includingcauses of action, but not limited tojudgments, court costs, reasonable attorneys’ fees expenses, and litigation expenses) in connection with injury to or all losses and damages for bodily injury, death of and properly damage arising from any person or damage to or theft, loss or loss of the use of any property occurring activity in or about the Premises arising Building (other than the Premises) even if resulting from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of any of Landlord Indemnities, and from all costs, attorney fees and disbursements, and liabilities incurred in the defense of any such claim. Upon notice from Tenant, Landlord shall defend any such claim, demand, cause of action or any suit at Landlord's expense by counsel satisfactory to Tenant in its reasonable discretion. The provisions of its agents this subsection (B) shall survive the expiration or employeesearlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Bionx Implants Inc)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees.
b. invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonable satisfactory by Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premise, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for the loss of damage to any property by theft otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building of from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or doe to the negligence of Landlord, its agents, servants, or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal detriments, contractorsloss of business by Tenant, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Sources: Office Building Lease (Anchor Pacific Underwriters Inc)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding 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 persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damages to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants, servants or employees, contractors, customers . Landlord or invitees its agents shall not be liable for any damage to person interference with the light or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss incorporeal hereditaments or loss of the use of business by Tenant, nor shall Landlord be liable for any property occurring latent defect in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all lossesclaims, damagessuits, liabilities, claimsloss, lienscost, costs damages and expenses (includingexpense, but not limited toincluding reasonable attorney's fees, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s 's use or occupancy of the Premises, or Premises for the conduct of its business or from any activity, work, work or other thing done, permitted or suffered by the Tenant or Tenant's agents, employees, contractors, licensees and invitees in or about the PremisesProperty, or and shall further indemnify and hold harmless Landlord against and from any and all claims, suits, liabilities, loss, cost, damages and expense, including reasonable attorney's fees, arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or arising from any act or negligence of the tenant, or any officer, agent, employee, contractor, licensee, or invitee of Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as material part of the consideration to the Landlord hereby assumes all risk of damage to property or injury to persons, in upon or about the Premises, from any cause other than Landlord's intentional misconduct, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Property, nor for loss or damage to any property by theft or otherwise, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, snow or ice, leakage from any part of the Property or from the pipes, appliances or plumbing works therein or from the roof, street of subsurface or from any other place resulting in or from dampness or any other cause whatsoever, unless caused by or due to any other act or omission or willful the intentional misconduct of Tenant or any of Landlord, its agents, servants or employees, contractors, assigns, subtenants, guest . Landlord or invitees.
b. Tenant its agents shall not be liable to LandlordTenant for, its agentsand Tenant hereby releases Landlord from all claims related to or arising from, servantsinterference with fight, employeesview or air, contractorsor other incorporeal hereditament, customers or invitees loss of business by Tenant, nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Property. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Property or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Sources: Office Lease (Juina Mining Corp Inc)
Hold Harmless. a. Landlord (A) Owner agrees to (i) indemnify and hold and save Property Manager free and harmless from any damages or injuries to persons or property by reason of any cause whatsoever either in and about the Property or elsewhere when Property Manager is carrying out the provisions of this Agreement or acting under the express or implied directions of Owner; (ii) reimburse Property Manager upon demand for any monies which Property Manager is required to pay out for any reason whatsoever, either in connection with, or as an expense in defense of, any claim, civil or criminal action, proceeding, charge or prosecution made, instituted or maintained against Property Manager, or Owner and Property Manager jointly or severally, affecting or due to the condition or use of the Property, or acts or omissions of employees of Owner, or arising out of or based upon any law, regulation, discriminatory practices (sexual or harassment), requirement, contract or award relating to the hours of employment, working conditions, wages and/or compensation of employees or former employees of Owner, or otherwise in connection with the ownership, operation, leasing, maintenance or status of the Property or the performance by Property Manager of its duties under this Agreement; and (iii) defend promptly and diligently, at Owner's sole expense, any claim, action or proceeding brought against Property Manager, or Property Manager and Owner jointly or severally, arising out of or connected with any of the foregoing, and to hold harmless and fully indemnify Property Manager from any judgment, loss or settlement on account thereof; provided, however that Owner shall have no obligation under (i)-(iii) hereof with respect to any matter for which it is finally determined that Property Manager is obligated to indemnify Owner under (B) below, although pending such a determination Owner shall advance the cost of defense subject to a right to recoup the same upon final determination that Property Manager is not be liable entitled to Tenantindemnification hereunder.
(B) Property Manager shall indemnify and hold Owner, its agentsmembers and their respective stockholders, servantspartners, employeesmembers, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation directors and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord officers harmless of, from and against any and all lossesexpenses (including reasonable attorney's fees), claims, damages, liabilitieslosses, claimsactions, lienssuits, costs proceedings and expenses liabilities caused or occasioned by or arising out of the acts or omissions of the Property Manager or its officers (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) only if such officers are acting in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any their employment) which constitute a material breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseAgreement, or due to any other act or omission fraud, gross negligence, or willful misconduct of Tenant Property Manager, or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall actions which Property Manager did not in good faith believe to be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss within the scope of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesauthority conferred upon Property Manager hereunder.
Appears in 1 contract
Sources: Operating Agreement (Reckson Operating Partnership Lp)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenantindemnify, defend and hold Landlord, its officers, agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord contractors harmless of, from and against any and all losses, damages, liabilitiesfines, penalties, claims, liens, costs liabilities and expenses (including, but not limited to, court costs, reasonable including Landlord's personnel and overhead costs and attorneys’ ' fees and litigation expenses) other costs incurred in connection with such claims regardless of whether claims involve litigation) resulting from any actual or alleged injury to or death of any person or from any actual or alleged loss of, or damage to, any property attributable to Tenant's operation or theft, loss or loss occupation of the use Premises or caused by, or resulting from, any act or omission of Tenant or any licensee, assignee, or concessionaire, or of any property occurring in officer, agent, employee, guest or about the Premises arising from Tenant’s occupancy invitee of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant such person in or about the Premises, or from any Tenant's breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of its obligations under this Lease. Tenant shall also pay for, or due to any other act or omission or willful misconduct of Tenant or any of indemnify, defend and hold Landlord, and its officers, partners, members, agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant contractors harmless of, from and against any and all losses, damages, fines, penalties, claims and third party claims, and expenses (including Landlord's personnel and overhead costs and attorneys' fees and other costs incurred in connection with such claims regardless of whether claims involve litigation), and any other liability and/or clean-up costs in any way related to, or arising out of, the existence of any hazardous substance or material as defined under any applicable law or regulation where such substance was deposited onto the Premises, or in proximity thereto, by Tenant, or by Tenant's officers, agents, employees, customers, clients, agents, contractors, or other third parties acting at the request of, or for the benefit of, Tenant. Landlord shall not be liable for interference with light, air or view or for any latent defect in the Premises. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises. Notwithstanding the foregoing, if losses, liabilities, claimsdamages, liens, costs and expenses so arising are caused by the concurrent negligence of both Landlord and Tenant, their employees, agents, invitees and licensees, Tenant shall indemnify Landlord only to the extent of Tenant's own negligence or that of its officers, agents, employees, guests or invitees. This provision shall survive termination or expiration of this Lease. Landlord shall indemnify, defend and hold Tenant, its officers, agents, employees, and contractors harmless from all losses, damages, fines, penalties, claims, liabilities and expenses (including, but not limited to, court costs, reasonable including Landlord's personnel and overhead costs and attorneys’ ' fees and litigation expenses) other costs incurred in connection with such claims regardless of whether claims involve litigation) resulting from any actual or alleged injury to or death of any person or from any actual or alleged loss of, or damage to, any property attributable to Landlord's ownership, operation or theft, loss or loss occupation of the use Premises or caused by, or resulting from, any act or omission of Landlord or any licensee, assignee, or concessionaire, or of any property officer, agent, employee, guest or invitee of any such person in or about the Premises, or Landlord's breach of its obligations under this Lease. Landlord shall also pay for, indemnify, defend and hold Tenant, and its officers, partners, members, agents, employees, and contractors harmless from all losses, damages, fines, penalties, claims and third party claims, and expenses (including Tenant's personnel and overhead costs and attorneys' fees and other costs incurred in connection with such claims regardless of whether claims involve litigation), and any other liability and/or clean-up costs in any way related to, or arising out of, the existence of any hazardous substance or material as defined under any applicable law or regulation where such substance was deposited onto the Premises, or in proximity thereto, by Landlord, or by Landlord's officers, agents, employees, customers, clients, agents, contractors, or other third parties acting at the request of, or for the benefit of, Landlord. Tenant shall not be liable for interference with light, air or view or for any latent defect in the Premises. Landlord shall promptly notify Tenant of casualties or accidents occurring in or about the Premises Premises. Notwithstanding the foregoing, if losses, liabilities, EXHIBIT 10.29 damages, liens, costs and expenses so arising from any breach or default on are caused by the part concurrent negligence of both Landlord in the performance of any covenant or agreement on the part of and Tenant, their employees, agents, invitees and licensees, Landlord to be performed pursuant shall indemnify Tenant only to the terms extent of Landlord's own negligence or that of its officers, agents, employees, guests or invitees. This provision shall survive termination or expiration of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 1 contract
Sources: Lease (Three Five Systems Inc)
Hold Harmless. a. Landlord shall not be liable (a) Except to Tenantthe extent caused by the negligence or willful misconduct of Landlord, its agents, servants, employees, employees or contractors, customers or invitees for any damage and subject to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofSection 7.02, Tenant agrees to indemnifywill indemnify and save harmless Landlord against and from all liabilities, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all lossesobligations, damages, liabilitiespenalties, claims, liens, costs and expenses (including, but not limited to, court costs, charges and expenses, including reasonable attorneys’ fees and litigation expensesfees, which may be imposed upon, incurred by or asserted against Landlord or which involve Landlord directly or indirectly during the Term for: (i) in connection with injury to any work or death of any person or damage to or theftthing done in, loss or loss of the use of any property occurring in on or about the Premises arising from Tenant’s occupancy Leased Premises; (ii) any use, non-use, possession, occupation, condition, operation, maintenance or management of the Leased Premises, or the conduct of its business or from ; (iii) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default negligence on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractorslicensees, customers invitees, tenants or invitees for occupants; (iv) any injury or death to any person or damage to person or loss of property caused occurring in, on or about the Leased Premises; and (v) any failure on the part of Tenant to perform or comply with any provisions of this Lease (subject to applicable notice and cure periods). If any action or proceeding is brought against Landlord by reason of any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity claim described in this Leasesubparagraph (a), but rather in confirmation and furtherance thereofTenant, Landlord agrees upon notice from Landlord, will either defend such action or proceeding with counsel approved by Landlord, such approval not to be unreasonably withheld or delayed, or satisfy the claim. If Landlord, without fault on its part, shall be made a party to any litigation commenced by or against Tenant, then Tenant shall indemnify, defend by counsel reasonably acceptable to Tenant and hold harmless Landlord there from and shall pay Landlord all costs and expenses, including reasonable attorneys’ fees, which Landlord may sustain by reason thereof.
(b) Except to the extent caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors, and subject to Section 7.02, Landlord hereby indemnifies and holds Tenant harmless of, from and against any and all lossesliabilities, obligations, damages, liabilitiespenalties, claims, liens, costs and expenses (including, but not limited to, court costs, charges and expenses, including reasonable attorneys’ fees and litigation expenses) in connection with injury to fees, which may be imposed upon, incurred by or death of any person asserted against Tenant or damage to which involve Tenant directly or theft, loss or loss of the use of any property occurring in or about the Premises indirectly arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or its agents, employees or contractors in or about the Leased Premises. If any action or proceeding is brought against Tenant by reason of any claim described in this subparagraph (b), Landlord, upon notice from Tenant, will either defend such action or proceeding with counsel approved by Tenant, such approval not to be unreasonably withheld or delayed, or satisfy the claim. If Tenant, without fault on its agents part, shall be made a party to any litigation commenced by or employeesagainst Landlord, then Landlord shall indemnify, defend and hold harmless Tenant therefrom and shall pay Tenant all costs and expenses, including reasonable attorneys’ fees, which Tenant may sustain by reason thereof.
(c) The provisions of this Section shall survive the termination of this Lease.
Appears in 1 contract
Sources: Garage Lease (Virgin Trains USA LLC)
Hold Harmless. a. (a) Tenant releases Landlord shall not be liable from all liability for any injury or damage to person or property occurring in the Premises, and agrees to protect, defend, indemnify and hold Landlord harmless from and against all liabilities, claims, suits, actions and costs (including reasonable attorneys’ fees and costs of suit) arising out of or in connection with any such injury or damage, except to the extent that such injury or damage is attributable to the negligence or willful misconduct of Landlord, its agents, servants, employees or contractors. Landlord hereby agrees to protect, defend, indemnify and hold Tenant harmless from and against all liabilities, claims, suits, actions and costs (including reasonable attorneys’ fees and costs of suit) arising out of or in connection with any injury or damage to person or property occurring in the Premises, to the extent that such injury or damage is attributable to the negligence or willful misconduct of Landlord, its agents, servants, employees or contractors.
(b) Landlord releases Tenant from all liability for any injury or damage to person or property occurring in any area of the Building other than the Premises and Landlord agrees to indemnify and hold Tenant harmless from and against all claims for such injury or damage, except to the extent that such injury or damage is attributable to the negligence or willful misconduct of Tenant, its agents, servants, employees, contractors, customers or invitees for invitees. Tenant hereby agrees to protect, defend, indemnify and hold Landlord harmless from and against all liabilities, claims, suits, actions and costs (including reasonable attorneys’ fees and costs of suit) arising out of or in connection with any injury or damage to person or property caused by occurring in any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss area of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of Building other than the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, extent that such injury or due damage is attributable to any other act or omission the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlordthe Tenant, its agents, servants, employees, contractors, customers or invitees for invitees.
(c) The provisions of this Section 7.03 will survive the termination of this Lease with respect to any damage to person claims or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises liability arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant prior to the terms date of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeestermination.
Appears in 1 contract
Hold Harmless. a. Except for loss, damage or claims arising from the Landlord’s negligent acts, omissions or breaches of this Lease, Landlord shall not be liable to Tenant for any injury or damage to any person or property in or about the Leased Premises from any cause whatsoever. Tenant shall indemnify and hold harmless the Landlord, its partners, shareholders, members, employees, officers, directors, agents, and their respective successors and assigns from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions of any kind and nature, including attorneys’ fees, for injury or death to persons or damage to property or property rights (a) occurring in, on or about the Leased Premises or any part thereof, or (b) occurring in, on or about the Leased Premises or any part thereof, when any such injury or damage shall be caused or result in whole or in part by any act, negligence, or fault or omission of any duty by the Tenant, its agents, servants, employees, contractorslicensees or invitees, customers or invitees for any damage to person or property caused by any act, omission person under the control or neglect direction of Tenant, except to the extent arising or growing out of or connected with Landlord’s negligent acts, omissions or breaches of this Lease. Without limiting Tenant will further indemnify and save harmless the Landlord for all liability, claims and other items above mentioned, arising or being limited growing out of or connected with any breach, violation, non-performance or failure to abide by any other indemnity covenant, condition, agreement or provisions contained in this Lease or in the Condominium Documents on the part of the Tenant to be kept, performed, complied with or abided by as an occupant of the Leased Premises, except to the extent arising or growing out of or connected with Landlord’s negligent acts, omissions or breaches of this Lease. If it becomes necessary for the Landlord to defend any action seeking to impose any such liability, but rather in confirmation the Tenant will pay the Landlord all costs of court and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) incurred by Landlord in connection with injury to or death of any person or damage to or theftsuch defense, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due addition to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not sums which said Landlord may be liable called upon to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused pay by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss reason of the use entry of any property occurring in a judgment or about decree against the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeeslitigation in which such claim is asserted.
Appears in 1 contract
Sources: Commercial Lease Agreement (La Rosa Holdings Corp.)
Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, Lessor against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss claims arising from Lessee’s use of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or for the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant the Lessee in or about the PremisesBuilding, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Lessor against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Lessee’s part of Landlord to be performed pursuant to under the terms of this the Lease, or arising from any act or negligence of the Lessee, or any officer, agent, employee, guest, or invitee of Lessee, and from all and against all costs, attorney’s fees, expenses and liabilities incurred in or about any such claim, action or proceeding to be brought there on, and, in any case, action or proceeding brought against Lessor by reason of any such claim, Lessee shall, upon notice from Lessor, defend the same at Lessee’s expense by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of a material part of the consideration to Lessor and hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Lessor’s negligence, and Lessee hereby waives all claims in respect thereof against Lessor. Lessor or its agents shall not be liable for any damage to property entrusted to employees of the Building nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons in the property resulting from fire, explosion, failing plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Lessor, its agents, servants or omission employees. Lessor or willful misconduct of Landlord or any of its agents shall not be liable for interference with the light or employeesother incorporeal hereditaments, loss of business by Lessee, nor shall Lessor be liable for any latent defect in the Premises or in the Building. Lessee shall give prompt notice to Lessor in case of fire or accidents in the Premises or in the Building or defects therein or in the fixtures or equipment.
Appears in 1 contract
Hold Harmless. a. Landlord The Bank shall have the right to deliver the Credit through any correspondents or agents (the "Correspondents") that the Bank in its sole discretion may choose. Except in the case of the Bank's gross negligence or willful misconduct, the Borrower shall hold the Bank harmless from any actions that arise out of the handling of such delivery by the Correspondents making the delivery. The Borrower further agrees that the Bank and any Correspondent shall not in any way be liable responsible for performance by any beneficiary of obligations to Tenantthe Borrower nor for the form, its agentsvalidity, servantssufficiency, employeescorrectness, contractorstruthfulness or genuineness of any documents delivered in connection with any Credit, customers even if such documents should in fact prove to be in any or invitees all respects invalid, insufficient, fraudulent or forged; for failure of any Credit draft to bear any reference or correct reference to the Credit; for errors, omissions, or delays in transmission or delivery of any messages, whether by mail, cable, teletransmission, or otherwise; or for any damage error, neglect or default of any Correspondents. The Borrower further agrees that, if any of the above events should occur, such event will not affect, impair or prevent the Borrower's liability or the Bank's rights or powers hereunder. No liability shall attach to person the Bank or property caused to the Correspondents for any losses or damage, in consequence of present or future laws, censorships, regulations, decrees, orders or restrictions, right or wrongfully exercised by any act, omission an de facto or neglect of Tenantde jure government or governmental agency. Without limiting or being limited by the foregoing, and in addition to any other indemnity provision hereof, the Bank is hereby expressly authorized and directed to honor any request for payment which is made under and in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited compliance with the terms of the Credit without regard to, court costsand without any duty on the Bank's part to inquire into, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death the existence of any person disputes or damage to controversies between the Borrower and the beneficiary or theftany other person, loss firm, or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisescorporation, or the conduct respective rights, duties or liabilities of its business any of them or from whether any activity, work, facts or thing done, permitted or suffered by Tenant occurrences represented in or about any documents presented under the Premises, or from any breach or default on Credit are true and correct. The Borrower fully understands and agrees that the part sole obligation of Tenant the Bank to the Borrower shall be limited to honoring requests for payment made under and in compliance with the Credit and the obligation of the Bank remains so limited even if the Bank may have assisted the Borrower in the performance preparation of the wording of the Credit or any documents required to be presented thereunder or if the Bank may otherwise be aware of the underlying transaction giving rise to the Credit. If the Bank, in its sole discretion and at the written request of the Borrower, agrees to any change or modification to the amount or terms of any covenant Credit or agreement on any instrument or document related thereto, the part of Tenant to Borrower agrees that this Agreement shall be performed pursuant to the terms of this Lease, or due binding upon it with regard to any other act changes or omission modifications and with regard to any actions taken by the Bank or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesCorrespondents relative thereto.
Appears in 1 contract
Hold Harmless. a. A. Tenant agrees to defend, with counsel approved by Landlord in its reasonable discretion, all actions against Landlord, any partner, trustee, stockholder, officer, director, employee or beneficiary of Landlord, holders of mortgages secured by the Leased Premises or the Building Complex and any other party having an interest therein ("Indemnified Parties") with respect to, and to pay, protect, indemnify and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses damages, costs, expenses (including reasonable attorneys' fees and expenses), causes of action, suits, claims, demands or judgments of any nature (a) to which any Indemnified party is subject because of its estate or interest in the Leased Premises or the Building Complex (to the extent arising out of acts or omissions of Tenant, its employees, agents, invitees and licensees), or (b) arising from (i) injury to or death of any person, or damage to or loss of property, on the Leased Premises, the Building Complex, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy of any thereof (with respect to the Building Complex excepting the Leased Premises, and said sidewalks, streets or ways, only to the extent arising out of acts or omissions of Tenant, its employees, agents, invitees and licensees) unless in any such event caused by the negligence of Landlord or its servants or agents, (ii) violation of this Lease by Tenant, or (iii) any act, fault, omission, or other misconduct of Tenant or its agents, contractors, licenses, sublessees or invitees. Tenant agrees to use and occupy the Leased Premises and other facilities of the Building Complex at its own risk, and hereby releases the Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law except as provided for herein.
B. Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, servantsemployees, licensees or invitees for fatal or non-fatal bodily injury or property damage occasioned by the acts or omissions of any other tenant, or such other tenant's agents, employees, contractorslicensees or invitees, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation the Building Complex and furtherance thereof, Tenant further agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury claims arising or alleged to or death of any person or damage to or theft, loss or loss of arise from the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteessame except as provided for herein.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 1 contract
Hold Harmless. a. Landlord 38.1 Lessee shall not be liable do any act or thing upon the Building, Parking Garage or Real Property which may subject Lessor to Tenantany liability or responsibility for injury, damages to persons or property or to any liability by reasons of any violation of law or of any legal requirement of public authority, but shall exercise such control over the Leased Premises as to protect Lessor against any such liability. Lessee agrees to indemnify and save harmless Lessor from and against (a) all claims of whatever nature against Lessor arising from act, omissions or negligence of Lessee, its contractors, licensees, agents, servants, employees or invitees, or from the joint concurrent act, omission or negligence of Lessor and Lessee in, on or about the Building, Parking Garage and Real Property. In addition, Lessee hereby agrees to indemnify and save harmless Lessor from and against all claims against Lessor arising from any accident, injury or damage occurring any where within or about the Leased Premises, where such accident, injury or damage results or is claimed to have resulted from any act or omission of Lessee or Lessee's agents, employees, contractorsor invitees, customers or invitees the joint or concurrent act, omission or negligence of Lessee and Lessor, (b) Lessor shall not do any act or thing upon the Building, Parking Garage or Real Property which may subject Lessee to any liability or responsibility for any damage injury, damages to person or property caused or to any liability by reasons of any violation of law or of any legal requirements or public authority. Lessor hereby agrees to indemnify and save harmless Lessee from and against all claims of whatever nature against Lessee arising from any act, omission or neglect negligence of TenantLessor, its contractors, licensees, agents servants, employees or invitees, or from the joint or concurrent act, omission or negligence of Lessee and Lessor, in, on or about the Building, Parking Garage and Real Property. Without limiting or being limited by any other indemnity in this LeaseIn addition, but rather in confirmation and furtherance thereof, Tenant Lessor hereby agrees to indemnifyindemnify and save harmless Lessee for and against all claims against Lessee arising from accident, defend by counsel reasonably acceptable injury or damage which results or is claimed to Landlord and hold Landlord harmless ofhave resulted from any act or omission of Lessor or Lessor's agents, employees, or invitees, (c) The foregoing indemnities shall be from and against any and all lossesliability, damagesfines, liabilitiessuits, claims, liensdemands, costs and expenses (including court costs and attorney's fees) of any kind or nature incurred in connection with any such claim or proceeding brought thereon, and the defense thereof. Lessor's recovery against Lessee and Lessee's recovery against Lessor under this indemnity shall be subject to the provisions of Paragraph 39.1 hereof. For purposes of this paragraph 38.1, the term "Lessor" shall include also Lessor's contractors, licensees, agents, servants, employees (including, but not limited to, court costsany management company employed by Lessor) or invitees, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, term Lessee shall include also Lessee's contractors, assignslicensees, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers employees or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesinvitees.
Appears in 1 contract
Hold Harmless. a. 7.1 Tenant covenants and agrees that Landlord shall not at any time or to any extent whatsoever be liable to Tenantliable, its agentsresponsible, servants, employees, contractors, customers or invitees in any way be accountable for any loss, injury, death or damage to person persons or property which at any time may be suffered or sustained by Tenant or by any person whomsoever who may at any time be using, occupying or visiting the Premises, or be in, on, or about the same, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission or neglect negligence of Tenant. Without limiting Tenant or being limited by of any occupant, subtenant, visitor or user of any portion of the Premises or from fire, steam, electricity, water, rain, act of God, or from breakage or leakage or any defect in any pipes, sprinklers, or plumbing, electrical or heating and air conditioning systems or fixtures, or from any other indemnity in this Lease, but rather in confirmation cause. Tenant does hereby release Landlord and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to defend, hold and save Landlord free and hold Landlord harmless of, from from, and against any and all claims, losses, damagescosts, liabilities, claimsexpenses or damages whatsoever arising out of or related to any use or occupancy of the Premises by Tenant or any of Tenant's agents, liensemployees, costs and expenses invitees or contractors (includingcollectively "Losses"), but not limited to, court costs, reasonable including attorneys’ ' fees and litigation expenses) costs on account of any such Losses, except for any Losses resulting solely from the gross negligence or willful misconduct of Landlord.
7.2 Landlord covenants and agrees that Tenant shall not at any time or to any extent whatsoever be liable, responsible, or in connection with any way accountable to Landlord for any injury to or death of persons which at any time may be suffered or sustained by Landlord or by any person whomsoever who may at any time be using, occupying or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of visiting the Premises, or the conduct of its business or from any activitybe in, workon, or thing done, permitted or suffered by Tenant in or about the Premisessame, to the extent such injury or death shall be caused by or in any way result from any breach or default on the part of Tenant in the performance arise out of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leaseact, or due to any other act or omission or willful misconduct negligence of Tenant Landlord, or any of its agentsLandlord's agents or employees. To the extent of any loss which is covered by Landlord's property insurance policies and for which a waiver of subrogation under such policies exists, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to LandlordLandlord for damage from fire, its agentssteam, servantselectricity, employeeswater, contractorsrain, customers act of God, or invitees for from breakage or leakage, or any damage to person defect in any pipes, sprinklers, or property caused by any actplumbing, omission electrical or neglect of Landlord. Without limiting heating and air conditioning systems or being limited by fixtures, or from any other indemnity in this Lease, but rather in confirmation and furtherance thereof, cause. Landlord agrees to indemnify, defend by counsel reasonably acceptable to defend, hold and save Tenant free and hold Tenant harmless of, from from, and against any and all claims, losses, damagescosts, liabilities, claimsexpenses or damages, liens, costs and expenses (including, but not limited to, court costs, reasonable including attorneys’ ' fees and litigation expenses) in connection with injury to or death costs on account of any person or damage to or theftsuch losses, loss or loss of resulting solely from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission gross negligence or willful misconduct of Landlord or any of its agents or employeesLandlord.
Appears in 1 contract
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about an such claim or any action or proceeding brought thereon, and in any case, 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 persons, in, upon or about the Premises, from any cause other than landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants, or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, contractorsloss of business by Tenant, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenantdefend, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) claims arising on or in connection with injury to the Demised Premises during the Lease Term or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees.
b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim. Tenant upon written notice from Landlord shall not be liable 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 persons in, upon or about the Demised Premises, from any cause other then the misconduct of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises.
(b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. or all matters occurring on the Premises during the Lease Term. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, JD Tenant’s Initials THL responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary.
(c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.
Appears in 1 contract
Sources: Business Lease (VCG Holding Corp)
Hold Harmless. a. Landlord shall not be liable to TenantA. The Construction Manager hereby indemnifies, defends and holds harmless the District, its agentsBoard, servantsofficers, employees, and agents, , independent contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any consultants and other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, representatives from and against any and all losses, damages, liabilities, claims, liensdemands, costs, losses, damages or expenses (including reasonable attorneys' fees and costs), to the extent of, the negligent, wrongful or willful acts or omissions of the Construction Manager, its employees, agents, subcontractors, independent contractors under verbal or written contract with the Construction Manager, or other representatives (collectively, the "Construction Manager Parties") or the breach by the Construction Manager of any of its obligations, duties or other responsibilities hereunder. This indemnification provision shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Construction Manager.
B. The District agrees to defend, indemnify and hold the Construction Manager and the Construction Manager's directors, officers, employees, agents and affiliates harmless from any and all claims, damages, costs or liabilities arising out of or related to any hazardous materials that were present at, on or under the property prior to the commencement of the construction of the work or that are thereafter introduced to the site by persons other than the Construction Manager. The Construction Manager shall not be responsible and expenses (includingshall have no obligations to indemnify, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to defend or death of hold harmless any person for claims, damages, costs or damage liabilities arising out of or related to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business the District’s separate from the Construction Managers or from consultants. Notwithstanding any activity, work, or thing done, permitted or suffered by Tenant in or about of the Premises, or from any breach or default on provisions of the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant contract Documents to the terms of this Leasecontrary, or due the Construction Manager shall not have any duty to indemnify any other act or omission or willful misconduct of Tenant or any of its agentsperson, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant and shall not be liable to Landlordthe District, its agentsaffiliates, servants, employees, contractors, customers or invitees any other persons for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all lossesclaims, damages, liabilitiescosts or liabilities arising out of or related to:
1. Hazardous materials to the extent that such materials were at, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to on or death of any person or damage to or theft, loss or loss of the use of any property occurring in under or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant project site prior to the terms commencement of this Lease, or due the work;
2. Hazardous materials introduced to any the site by persons other grossly negligent act or omission or willful misconduct of Landlord than the Construction Manager or any of its agents subcontractors, suppliers or employeesvendors, regardless of tier, or by process or forces such as infiltration or migration from off the project, which are not caused or controlled by Construction Manager, its subcontractors, or suppliers; or
3. Subsidence not caused by Construction Manager. For purposes of this provision:
a. Hazardous materials means any and all pollutants, toxic materials, gaseous emissions or substances, or hazardous materials (including, without limitation, substances such as lead, PCBs, hydrocarbons or asbestos.)
b. Subsidence not caused by the Construction Manager means any subsidence, shifting, sliding, slippage, heaving, liquefaction, raising, lowering, collapse, swelling, dislocation of any soils, ground, rock or materials present at the project site, not constructed as part of the work, which was contributed to or resulted from any cause or mechanism other than the active negligence of the Construction Manager or its subcontractors, suppliers or vendors, or from the failure of any of them to fulfill obligations they owe under the Contract Documents.
Appears in 1 contract
Hold Harmless. a. Landlord shall not be liable to Tenant's employees, agents, invitees, licensees or visitors, or to any other person, for an injury to a person or damage to property on or about the Premises (i) caused by any act or omission of Tenant, its agents, servants, servants or employees, or of any other person entering upon the Premises under express or implied invitation by Tenant, or (ii) caused by the improvements located on the Premises becoming out of repair, or (iii) unless caused by the negligence or willful misconduct of Landlord, its employees, agents, representatives or contractors, customers the failure or invitees for cessation of any damage to person service provided by Landlord (including security service and devices), or property caused by any actleakage of gas, omission oil, water or neglect of Tenantsteam or by electricity emanating from the Premises. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord of and from any loss, attorney's fees, expenses or claims arising out of any such damage or injury. Except for any claims, rights of recovery and causes of action that Tenant has released, Landlord shall hold Tenant harmless of, from and defend the Tenant against any and all losses, damages, liabilities, claims, liens, costs and expenses claims (including, but not limited to, court including all costs, reasonable attorneys’ fees counsel fees, expenses and litigation expenses) liabilities incurred in connection with any such claim or action or proceeding brought thereon) or liability for any injury to or death of any person or damage to or theftany person in, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in on or about the Premises, the Building or from any breach the Property, when such injury or default on damage shall be caused by the part of Tenant in the performance act, neglect, fault of, or omission of any covenant or agreement on the part of Tenant to be performed pursuant duty with respect to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to same by Landlord, its employees, agents, servants, employees, representatives or contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms The provisions of this Lease, Section 7.5 shall survive the expiration or due termination of this Lease with respect to any other grossly negligent act claims or omission liability occurring prior to such expiration or willful misconduct of Landlord or any of its agents or employeestermination.
Appears in 1 contract
Sources: Lease (DJO Finance LLC)
Hold Harmless. a. Tenant agrees to indemnify and hold Landlord shall and its agents harmless from any and all claims arising from, in connection with or related to: Tenant's use of the Premises, the Building or the Real Property; the conduct of Tenant's business; or any activity, work or other thing done or permitted by the Tenant on the premises, in the Building or on the Real Property, whether or not be liable such claims are due in whole or in part to Tenant's negligence, unless other insurances are involved. Tenant further agrees to indemnify and hold Landlord harmless from any and all claims arising from, in connection with, or related to any default by Tenant in the performance of its agentsobligations under this Lease, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of the Tenant, its agents or invitees. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant further agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses' fees) incurred by Landlord in connection with injury its defense against any claim made against the Landlord as to or death which Tenant has indemnified Landlord pursuant to this Paragraph 15. Tenant shall give prompt notice to Landlord of any person casualty or damage to accident in the Premises. Upon notice by Landlord, Tenant, at Tenant's expense,shall defend Landlord in any action or theft, loss or loss of the use proceeding brought against Landlord by reason of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant such claim. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and likewise hold Tenant harmless of, from and against any and all lossesclaims due to Landlord's negligence.
(a) any equipment or appurtenances, damages, liabilities, claims, liens, costs and expenses including the HVAC system becoming out of repair; (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesb) in connection with injury to done or death of occasioned by wind; (c) any person or damage to or theft, loss or loss of the use of any property occurring defect in or about the Premises arising from failure of plumbing, heating or air conditioning equipment, electric wiring or insulation thereof; (d) any breach defect in or default on the part failure of Landlord in the performance of any covenant gas, water and steam pipes, stairs, railings or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.walks; (e) broken glass;
Appears in 1 contract
Sources: Lease Renewal (Nutraceutix Inc)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or the conduct of its business Premises or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from and against all costs, reasonable attorney's fees, expenses and liabilities incurred in or resulting from any such claim or any action or proceeding brought thereon, and, in any case, if any action or proceeding is 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 persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property or to the business of Tenant resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants, servants or employees, contractors, customers . Neither Landlord nor its agents shall be liable for interference with the light or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theftincorporeal hereditaments, loss of business by Tenant, or loss of the use of any property occurring latent defect in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, 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 persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord "be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Sources: Office Building Lease (Qt 5 Inc)
Hold Harmless. a. Landlord A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless Association and its officers, directors, members, agents, employees, and any Association designee or liaison under this Agreement (each being an “Indemnified Party” herein) from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees arising out of or resulting from the performance of the Work and the obligations imposed by this Agreement, whether performed by Contractor or any subcontractor or materialman of Contractor, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible or real property including the loss of use resulting therefrom, or (2) is caused in whole or in part by any intentional act, negligent act or omission of the Contractor, any subcontractor, sub-subcontractor, materialmen, or agents of any tier or their respective employees or anyone directly or employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The monetary limitation on the extent of this indemnification provided shall be in the amount of two times the Contract Sum of this Agreement. The parties hereto specifically acknowledge and agree pursuant to section 725.06, Florida Statutes that the monetary limitation on the extent of the indemnification provided to the Association bears a reasonable commercial relationship to the Contract and the work to be performed hereunder up to the insurance policy limits detailed in Article 6 herein. The parties further agree that this indemnification clause is incorporated into and made a part of the project specifications and bid documents. The parties agree that $100.00 of the Contract Sum is specific consideration for the indemnification provided by Contractor under this provision. (However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton, or intentional misconduct of Association or its officers, directors, agents, or employees, or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages, in whole or in part, are caused by or result from the acts or omissions of Contractor or any of Contractor’s contractors, subcontractors, sub-contractors, materialmen, or agents of any tier or their respective employees.) Such obligation shall not be liable construed to Tenantnegate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph.
B. In any and all claims against the Association or any of its agentsmembers, servants, employees, contractors, customers agents or invitees for any damage to person or property caused employees by any actemployee of the Contractor, omission or neglect of Tenant. Without limiting or being limited any Subcontractor, anyone directly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 9 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. The monetary limitation on the extent of this indemnification provided shall be in the amount of $1 million per year throughout duration of this contract not to exceed $5 million per year. The parties hereto specifically acknowledge and agree pursuant to section 725.06, Florida Statutes that the monetary limitation on the extent of the indemnification provided to the Association bears a reasonable commercial relationship to the Contract and the work to be performed hereunder up to the insurance policy limits detailed in Article 6 herein. The parties further agree that this indemnification clause is incorporated into and made a part of the project specifications and bid documents. The parties agree that $100.00 of the Contract Sum is specific consideration for the indemnification provided by Contractor under this provision. The foregoing indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees from Contractor shall be applicable to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with or claims for damage or injury to or death of any person or damage property resulting from the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor relating to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity Work as described in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesContract.
Appears in 1 contract
Sources: Construction Contract
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this LeaseAgreement or arising from any act or negligence of the Tenant, or due to any other act officer, agent, employee, guest, or omission invitees of Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred in or willful misconduct of Tenant about any such claim or any action or proceeding brought thereon, and if any action or proceeding shall 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 consideration to the Landlord hereunder assumes all risk of damage to property or injury to person, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to Landlordproperty entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, exploding, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of landlord, its agents, servants, or employees. Landlord, contractorsor its agents shall not be liable for loss of business by Tenant, customers as a result of loss of power or invitees mechanical breakdowns within the building, nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on it the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance of any covenant Premises or agreement on in the part of Landlord to be performed pursuant to Building or defects therein or in the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Sources: Tenancy Agreement (Early Detect)
Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, Lessor against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss claims arising from Lessee's use of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant the Lessee in or about the Premises, or and shall further indemnify and hold harmless Lessor against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Lessee's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Lessee, or any officer, agent, employee, guest, or invitee of Lessee, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same a t Lessee's expense by counsel reasonably satisfactory to Lessor. Lessee as a material part of the consideration to Lessor hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Lessor's negligence, and Lessee hereby waives all claims in respect thereof against Lessor. Lessor or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to Landlordproperty entrusted to employees of the Building, nor for loss or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Lessor, its agents, servantsservants or employees. Lessor or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Lessee, contractors, customers or invitees nor shall Lessor be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance Building. Lessee shall give prompt notice to Lessor in case of any covenant fire or agreement on accidents in the part Premises or in the Building or of Landlord to be performed pursuant to defects therein or in the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Sources: Lease (More Com Inc)
Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant ▇▇▇▇▇▇ agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 1 contract
Sources: Triple Net Office Lease Agreement
Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property Except if caused by any actfailure in performance of this Lease by Lessor, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to Lessee will indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord Lessor, its employees, agents, and representatives harmless of, from and against any and all losses, damages, liabilitiesdemands, claims, lienscauses of action, costs fines, penalties, damages (including consequential damages), losses, liabilities (including negligence, tort and strict liability), judgments, and expenses (includingincluding reasonable attorney’s fees incurred in defending a third party claim or enforcing this indemnity obligation), but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) incurred in connection with injury to or death of any person or damage to or theft, loss or loss arising from the use and occupancy of the use of Property by Lessee, any property occurring in activity, work or thing done or permitted by Lessee on or about the Premises arising from Tenant’s occupancy of the PremisesProperty, any acts, omissions, or the conduct negligence of its business Lessee or from any activityperson claiming under Lessee, workany breach, violation or thing donenonperformance by Lessee or any person claiming under Lessee, permitted of this Lease or suffered by Tenant in any law, ordinance or about the Premises, or from any breach or default on the part of Tenant in the performance governmental regulation of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leasekind. Lessor will indemnify, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlordand hold Lessee, its agentsdirectors, servantsofficers, employeesmembers, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation employees and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant agents harmless of, from and against any and all losses, damages, liabilitiesdemands, claims, lienscauses of action, costs fines, penalties, damages (including consequential damages), losses, liabilities (including negligence, tort and strict liability), judgments, and expenses (includingincluding reasonable attorney’s fees incurred in defending a third party claim or enforcing this indemnity obligation), but not limited toarising out of or in any manner connected with Lessor or its agents, court costsemployees, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death invitees use of the Property, any activities done or permitted by Lessor on the Property, any acts, omissions, or negligence of Lessor or any person claiming under Lessor, or any breach, violation or nonperformance by Lessor of this Lease or any law, ordinance or governmental regulation of any person kind. Notwithstanding any other provision in this Lease to the contrary, Lessor and Lessee each hereby releases the other from any and all liability or responsibility to such party or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to the leased Property, Lessee=s property on the leased Property, to the building or theftthe real property on which it is situated, loss or loss of the use of any to property occurring in or about the Premises arising located thereon, resulting from any breach occurrence coverable by property damage insurance policies commercially available or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord required to be performed pursuant to maintained hereunder by such party, even if such occurrence shall have been caused by the terms of this Lease, fault or due to any other grossly negligent tortious act or omission of the other party or willful misconduct of Landlord anyone for whom the other party may be responsible. Lessor and Lessee each agree that each respective policy will include such a clause or any of its agents endorsement permitting such waiver, but the failure to obtain such a clause or employeesendorsement shall not negate the waiver herein provided.
Appears in 1 contract
Sources: Lease Agreement
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney’s fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of 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 persons in, upon or about the Premises, from any cause other than Landlord’s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light, employeesair, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.
Appears in 1 contract
Hold Harmless. a. Landlord shall not be liable Except to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property the extent caused by any act, omission or neglect arising as a result of Tenant. Without limiting Landlord’s negligence or being limited by any other indemnity in this Lease, but rather in confirmation willful and furtherance thereofwanton acts, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord shall indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done or permitted by Tenant in or about the Property, 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 Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys’ fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, 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. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s negligence or willful and wanton acts. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence or willful and wanton acts of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, loss of business by Tenant, nor shall Landlord be liable for any latent defects in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein.
b. Landlord shall indemnify and hold harmless Tenant against and from any and all claims arising from Landlord’s activity, work, or other thing done, permitted or suffered by Tenant Landlord in or about the PremisesProperty, or and shall further indemnify and hold harmless Tenant against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Landlord’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to any other act or omission arising from the negligence or willful misconduct or wanton acts of Tenant Landlord, or any officer, agent, or employee of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from all and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees fees, expenses and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring liabilities incurred in or about the Premises arising from any breach such claim or default on the part of Landlord any action or proceeding brought thereon, and, in the performance any case, action or proceeding be brought against Tenant by reason of any covenant or agreement on such claim, Landlord, upon notice from Tenant shall defend the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeessame at Landlord’s expense.
Appears in 1 contract
Hold Harmless. a. Landlord To the fullest extent permitted by law, the Contractor shall not be liable to Tenantdefend, indemnify and hold harmless the Madison County, its representatives, agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation departments and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofauthorities, from and against any and all lossesclaims, injuries, demands, judgments, settlements, damages, losses, liabilities, claims, liens, costs and expenses (includingof any kind or nature, including but not limited toto litigation costs and attorney’s fees, court costswhether arising in law or in equity, reasonable attorneys’ fees all without any limitation whatsoever, arising out of or resulting from the Contractor’s performance of the work and/or duties and/or the transactions contemplated by this agreement and litigation expenses) which are caused, in connection with injury to whole or death in part, by or because of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission of the Contractor, directly or willful misconduct of Tenant or any of its agentsindirectly, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its and/or by the Contractor’s agents, servants, employees, contractorssubcontractors and/or any person or entity employed by Contractor or for whose conduct or action the Contractor may be found or held liable, customers directly or invitees indirectly. In the event that the County is determined to be any percent negligent pursuant to any verdict or Sample judgement, then the Contractor’s obligation to indemnify the County for any damage amount, payment, judgement, settlement, mediation or arbitration award shall extend only to person the percentage of negligence of the Contractor or property caused anyone directly or indirectly engaged or retained by any actit and anyone else for whose acts the Contractor is liable. It is the intention of the parties that the right and entitlement to a defense; the right and entitlement to be held harmless; and the right and entitlement to indemnification shall be as broad as permitted under applicable law. Further, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord the Contractor agrees to indemnifyindemnify the County in like regard in an action upon the contract between the parties and claims between the parties, defend by including counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation costs and expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the . The terms of this Leaseagreement shall not be construed to negate, abridge or due otherwise reduce any other right or obligation of contribution or indemnity which would otherwise exist as to any other grossly negligent act party or omission person subject to this agreement. This agreement and paragraph shall be liberally construed so as to afford the County the fullest possible protection and indemnity. In the event that Contractor shall fail or willful misconduct refuse to defend, hold harmless and/or indemnify the County against any such claim, loss, damage, judgment, settlement or action, Contractor shall be liable to the County for all expense, expenditure and cost incurred or to be incurred by the County in defending, resolving and/or satisfying any such claim, loss, damage, judgment, settlement or action, together with all cost and expense of Landlord the County, including all attorney’s fees, incurred in the County pursuing claim or any of its agents suit or employeesaction against or recovering fees costs and expense from Contractor.
Appears in 1 contract
Sources: Business Associate Agreement
Hold Harmless. a. Landlord To the fullest extent permitted by law, the Contractor shall not be liable to Tenantdefend, indemnify and hold harmless the Madison County, its representatives, agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation departments and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofauthorities, from and against any and all lossesclaims, injuries, demands, judgments, settlements, damages, losses, liabilities, claims, liens, costs and expenses (includingof any kind or nature, including but not limited toto litigation costs and attorney’s fees, court costswhether arising in law or in equity, reasonable attorneys’ fees all without any limitation whatsoever, arising out of or resulting from the Contractor’s performance of the work and/or duties and/or the transactions contemplated by this agreement and litigation expenses) which are caused, in connection with injury to whole or death in part, by or because of any person or damage to or theftnegligent, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other culpable and/or wrongful act or omission of the Contractor, directly or willful misconduct of Tenant or any of its agentsindirectly, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its and/or by the Contractor’s agents, servants, employees, contractors, customers or invitees for subcontractors and/or any damage to person or property caused entity employed by any actContractor or for whose conduct or action the Contractor may be found or held liable, omission directly or neglect indirectly. It is the intention of Landlordthe parties that the right and entitlement to a defense; the right and entitlement to be held harmless; and the right and entitlement to indemnification shall be as broad as permitted under applicable law. Without limiting or being limited by any other indemnity in this LeaseFurther, but rather in confirmation and furtherance thereof, Landlord the Contractor agrees to indemnifyindemnify the County in like regard in an action upon the contract between the parties and claims between the parties, defend by including counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation costs and expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the . The terms of this Leaseagreement shall not be construed to negate, abridge or due otherwise reduce any other right or obligation of contribution or indemnity which would otherwise exist as to any other grossly negligent act party or omission person subject to this agreement. This agreement and paragraph shall be liberally construed so as to afford the County the fullest possible protection and indemnity. In the event that Contractor shall fail or willful misconduct refuse to defend, hold harmless and/or indemnify the County against any such claim, loss, damage, judgment, settlement or action, Contractor shall be liable to the County for all expense, expenditure and cost incurred or to be incurred by the County in defending, resolving and/or satisfying any such claim, loss, damage, judgment, settlement or action, together with all cost and expense of Landlord the County, including all attorney’s fees, incurred in the County pursuing claim or any of its agents suit or employeesaction against or recovering fees costs and expense from Contractor.
Appears in 1 contract
Sources: Contractor Agreement
Hold Harmless. a. Landlord shall not be liable Lessee hereby agrees to Tenantdefend, indemnify and hold harmless the County (Lessor), its agents, servants, elective and appointed officers and employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all lossesclaims or demands whatsoever arising out of any loss, damagesdamage, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with or injury to persons or death of any person property resulting from the Lessee's use or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, Leased Area and Common Areas. It is further expressly provided that no liability shall attach to the County by reason of entering into this Lease, except as expressly provided herein.
b. This hold harmless and indemnification provision shall extend to any and all claims arising from Lessee’s use of the Premises and Leased and Common Areas or from the conduct of its business or from any activity, work, work or thing done, things which may be permitted or suffered by Tenant Lessee in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant . This hold harmless and indemnification provision shall further apply to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the or performance of any covenant or agreement obligation on the Lessee’s part of Landlord to be performed pursuant to under the terms provisions of this Lease, or due to Lease arising from any other grossly negligent act or omission or willful misconduct of Landlord negligence by Lessee or any of its agents officers, agents, contractors, employees or invitees, and from any and all costs, attorney’s fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon.
c. Lessee hereby assumes all risk of damage to the property or injury to persons in or about the Premises from any cause and Lessee hereby waives all claims in respect thereof against Lessor except for when the said damage or injury arises out of the sole negligence of Lessor.
d. Lessee hereby agrees that Lessor shall not be liable for injury to Lessee’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee’s officers, agents, employees, invitees, customers or any other person in or about the Premises; nor, unless through its own negligence, shall Lessor be liable for injury to the person of Lessee, Lessee’s employees, agents, customers or other invitees, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, or from any other cause, whether said damage or injury results from conditions arising upon the Premises or upon other portions of the real Property of which the Premises are a part or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessor or Lessee.
▇. ▇▇▇▇▇▇ shall not be liable for any damages arising from any act or negligence of any other Tenant, if any, of the Property of which the Premises are a part.
Appears in 1 contract
Sources: Commercial Lease Agreement
Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant’s customers, employees, agents, guests or invitees, or to any other person whomsoever, for any injury to person or damage to property on or about the Leased Premises or the Facility, including, but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees, invitees and concessionaires or invitees for of any damage to other person entering the Facility or property caused the Leased Premises by any act, omission express or neglect implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Facility by Tenant, its employees, subtenants, licensees, concessionaires or invitees. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesfees) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant injury. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Facility or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord any Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in Leased Premises. Tenant’s obligations under this Section shall survive the expiration or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 1 contract
Sources: Sublease Agreement
Hold Harmless. a. Unless and to the extent caused by Landlord's ------------- negligence or willful misconduct, Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Premises, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord (including security service and devices), omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whomsoever, excepting only duly authorized employees and agents of Landlord acting within the scope of their authority. Further, Tenant specifically agrees to person be responsible for and indemnify and hold Landlord harmless from any and all damages or property expenses of whatever kind arising out of or caused by any acta burglary, omission theft, vandalism, malicious mischief or neglect of other illegal acts performed in, at or from the Premises unless caused by Landlord's negligence or willful misconduct. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Tenant and hold Tenant harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to or death of any person or damage to or theft, loss or loss arising out of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or any of its agents or employeesLandlord.
Appears in 1 contract
Sources: Lease Agreement (Liposcience Inc)
Hold Harmless. a. Except to the extent attributable to the negligence or willful misconduct of Landlord, Landlord shall not be liable to Tenant for any damages to the Premises or the Property, nor for any damages to Tenant on or about the Property, nor for any other damages arising from the action of Landlord, Tenant, its agentsco-tenants or other occupants of the Property; and Tenant hereby releases, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation discharges and furtherance thereof, Tenant agrees to shall indemnify, hold harmless and defend by counsel reasonably acceptable to Landlord Landlord, at Tenant’s sole cost and hold Landlord harmless ofexpense, from and against any and all losses, claims, liability, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expensesattorney’s fees) in connection with due to any damage or injury to persons or death of any person or damage to or theft, loss or loss property of the use parties hereto or of any property occurring in or about the Premises arising from third persons, caused by Tenant’s use or occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any Tenant’s breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of under this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the Tenant’s use of any equipment, facilities or property occurring in in, on, or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant adjacent to the terms Property. In the event any suit shall be instituted against Landlord by any third person for which Tenant is hereby indemnifying and holding Landlord harmless, Tenant shall defend such suit at Tenant’s sole cost and expense with counsel reasonably satisfactory to Landlord; or, in Landlord’s discretion, Landlord may elect to defend such suit, in which event Tenant shall pay Landlord, as Additional Rent, Landlord’s costs of such defense. This Paragraph shall survive the expiration or earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 1 contract
Sources: Lease Agreement (Shutterfly Inc)
Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Common Area, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever, but rather in confirmation excepting only duly authorized employees and furtherance thereofagents of Landlord acting within the scope of their authority. Further, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLeased Premises.
Appears in 1 contract
Sources: Office Lease Agreement
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reasons of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expenses 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 persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Hold Harmless. a. Except for the willful misconduct or gross negligence -------------- of Landlord, Tenant shall indemnify and hold Landlord shall not be liable harmless from and defend Landlord against any and all claims or liability for any injury or damage to any person or property whatsoever (i) occurring in, on or about the Premises, and (ii) occurring in, on or about the Common Areas and Parking Facilities, when such injury or damage is caused in part or in whole by the act, neglect, fault or omission of any duty with respect to the same by Tenant, its agents, servants, employees, contractors, customers employees or invitees for any damage to person or property caused by any act, omission or neglect of Tenantinvitees. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord shall further indemnify and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms provisions of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agents, employees, contractors, assignsemployees and from and against all costs, subtenantsattorneys fees, guest expenses and liabilities incurred in the defense of any such claim or invitees.
b. any action or proceeding brought thereon. In case 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 expenses 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 person in, upon or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except for damages resulting from Landlord's willful misconduct or gross negligence. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by damages arising from any act, omission act or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss tenant of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesProperty.
Appears in 1 contract
Hold Harmless. a. Landlord A. Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premisespremises, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all costs, contractorsattorney's fees, assignsand liabilities incurring in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, subtenantsas a material part of the consideration to Landlord hereby assumes all rise of damage to property or injury to persons in, guest upon or inviteesabout the premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in respect thereof against Landlord, without limitations hereby. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the premises.
b. Tenant B. Landlord or its agents shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage loss or damages to person persons or property caused by resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak trom any actpart ot the premises or from the pipes, omission appliances, heating/air conditioning or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in plumbing works therein or about the Premises arising premises or from the roof, street or subsurface or from any breach other place resulting from or default on the part of caused by dampness or any other cause whatsoever, without limitations hereby. Landlord or its agents shall not be liable for interference with light, air, heat, or otherwise, or for any latent defect in the performance premises, and shall not be liable for failure of any covenant or agreement on the part of Landlord equipment to be performed pursuant to the terms of this Leasework, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeeswithout limitations hereby.
Appears in 1 contract
Sources: Lease (Heritage Oaks Bancorp)
Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, Lessor against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the claims arising from Lessee's use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant the Lessee in or about the PremisesBuilding, or and shall further indemnify and hold harmless Lessor against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Lessee's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Lessee, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees.
b. Tenant invitee of Lessee, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, should action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor. Lessee as a material part of the consideration to Lessor hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Lessor's negligence, and Lessee hereby waives all claims in respect thereof against Lessor. Lessor or its agents shall not be liable for any damage to Landlordproperty entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Lessor, its agents, servantsservants or employees. Lessor or its agents shall not be liable for interference with the light or other incorporeal hereditament, employeesloss of business by Lessee, contractors, customers or invitees nor shall Lessor be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance Building. Lessee shall give prompt notice to Lessor in case of any covenant fire or agreement on accidents in the part Premises or in the Building or of Landlord to be performed pursuant to defects therein or in the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Hold Harmless. a. 10.1 Tenant shall indemnify and hold harmless Landlord, its agents, representatives, employees, assigns or successors, against and from any and all claims, costs, losses, damages, judgments, expenses attorney fees or any other liabilities arising from Tenant's use of the Premises misc\lease.let 7 or from any activity permitted or suffered by the Tenant or its employees, guests or invitees in or about the Premises; against and from Tenant's failure to comply with any law, rule, regulation or order of any governmental authority; and, 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. The Landlord shall not be liable to the Tenant or the Tenant's family, its agents, guests, invitees, employees or servants, employees, contractors, customers or invitees for any damage damages or losses to person or personal property caused by any act, omission other residents of the complex or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, person. Tenant misc\lease.let 8 agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold the Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury claims for damages to the property or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises persons arising from Tenant’s occupancy 's use of the Premises, or the conduct of its business or from for any activity, work, work or thing done, permitted or suffered by Tenant in or about the Premises. The Landlord shall be liable for personal injury or damage or loss of Tenant's personal property (furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water, rainstorms, smoke, acts of God, acts of other persons, or any other causes whatsoever even if such loss, damage, or claims arise from or are in any way connected to the negligence of the Landlord.
10.2 Tenant, as a material part of the consideration to the Landlord, hereby assumes all risk of damage to the property or injury to persons in, upon or about the Premises, from any breach cause other than Landlord's willful or default on the intentional acts; this indemnification and hold harmless agreement shall apply to all claims against Landlord including claims attributable in whole or part of to Landlord's negligent acts or omission; and, Tenant hereby waives all claims in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesrespect thereof against Landlord.
b. 10.3 Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (includinggive prompt, but not limited tolater than within 24 hours after the occurrence of any event of casualty, court costs, reasonable attorneys’ fees written and litigation expenses) oral notice to Landlord in connection with injury case or in the event or any casualty or accidents to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.
Appears in 1 contract
Hold Harmless. a. Landlord To the furthest extent allowed by law, FOUNDATION shall indemnify, hold harmless and defend CITY and its elected officials, officers, officials, employees, agents and volunteers from any and all damages or liability including personal injury, communicable diseases, illnesses, viruses, or death arising from participation, and property damage, including damage by fire or other casualty) incurred by CITY, FOUNDATION or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of FOUNDATION’S: (i) occupancy, maintenance and/or use of the Premises; or (ii) performance of, or failure to perform, this Agreement. FOUNDATION’S obligations under the preceding sentence shall apply to any negligence of CITY, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of CITY or its elected officials, officers, officials, employees, agents or volunteers. FOUNDATION’S occupancy, maintenance and use of the Premises shall be at FOUNDATION’s sole risk and expense. FOUNDATION accepts all risk relating to ▇▇▇▇▇▇▇’S: (i) occupancy, maintenance and/or use of the Premises; and (ii) the performance of, or failure to perform, this Agreement. CITY shall not be liable to TenantFOUNDATION or FOUNDATION’S insurer(s) for, and FOUNDATION and its agentsinsurer(s) hereby waives and releases CITY from, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all lossesloss, damagesliability, liabilitiesfines, claimspenalties, liensforfeitures, costs or damages resulting from or attributable to an occurrence on or about the Premises in any way related to the FOUNDATION’S operations and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) activities. FOUNDATION shall immediately notify CITY of any occurrence on the Premises resulting in connection with injury to or death of to any person or damage to or theft, loss or loss of the use property of any property occurring in person. The section shall survive termination or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms expiration of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesAgreement.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.
Appears in 1 contract
Sources: License Agreement
Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, the Building or the Project, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. sub-tenants. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from the conduct of Landlord’s business or from any activity, work, or thing done, by Landlord in or about the Premises, the Building or the Project, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents agents, employees, contractors, or employeesassigns.
Appears in 1 contract
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or the conduct of its business Premises or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the PremisesProject, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance performances of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred in or resulting from any such claim or any action or proceeding brought thereon, and, in any case, if any action or proceeding is 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 persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property or to the business of Tenant resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants, servants or employees, contractors, customers . Neither Landlord nor its agents shall be liable for interference with the light or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theftincorporeal hereditaments, loss of business by ▇▇▇▇▇▇, or loss of the use of any property occurring latent defect in or about the Premises arising from any breach or default on in the part of Project. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Project or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done or permitted by Tenant in or about the Property, 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 Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys’ fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, 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. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s gross negligence or willful and wanton acts. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the gross negligence or willful and wanton acts of Landlord, its agents, servants or employees. So long as Tenant’s access to, and use and enjoyment of, the Premises shall not be unreasonably interfered with, Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, loss of business by Tenant, nor shall Landlord be liable for any latent defects in the Premises or in the Building, except for the Warranty Work. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein.
b. Landlord shall indemnify and hold harmless Tenant against and from any and all claims arising from Landlord’s activity, work, or other thing done, permitted or suffered by Tenant Landlord in or about the PremisesProperty, or and shall further indemnify and hold harmless Tenant against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Landlord’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to any other act or omission arising from the negligence or willful misconduct or wanton acts of Tenant Landlord, or any officer, agent, or employee of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from all and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees fees, expenses and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring liabilities incurred in or about the Premises arising from any breach such claim or default on the part of Landlord any action or proceeding brought thereon, and, in the performance any case, action or proceeding be brought against Tenant by reason of any covenant or agreement on such claim, Landlord, upon notice from Tenant shall defend the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeessame at Landlord’s expense.
Appears in 1 contract
Sources: Lease (Brickell Biotech, Inc.)
Hold Harmless. a. Landlord shall not be liable for any loss, injury, death, or damage to persons or property (a) which at any time may be suffered or sustained by Tenant or by any person whosoever may at any time be using, occupying or visiting the Leased Premises, or (b) which at any time may be suffered or sustained on the Leased Premises by Tenant's employees, agents, invitees or persons occupying or visiting the Leased Premises, unless such loss, injury or death is caused by the Landlord's negligence or misconduct, and Tenant shall indemnify Landlord against all claims, liability, loss or damage whatsoever on account of any such loss, injury, death, or damage. Tenant shall indemnify Landlord against all claims, liability, loss or damage arising by reason of the negligence or misconduct of Tenant, its agents or employees. Tenant hereby waives all claims against Landlord for damages to the building and improvements that are now on or hereafter placed or built on the Landlord's Property and to the property of Tenant in, on, or about the Landlord's Property, and for injuries to persons or property in or about the Landlord's Property, from any cause arising at any time. The preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Landlord, its agents, servantsor employees. Tenant shall not be liable for any loss, employeesinjury, death or damage to persons or property which at any time may be suffered or sustained by third parties, including Landlord's agents, employees or contractors, customers or invitees for whosoever may at any time be using or occupy or visiting portions of the Landlord's Property other than the Leased Premises, or be in, on or about the same, to the extent such loss, injury, death or damage to person or property shall be caused by or in any way result from or arise out of any act, omission or neglect negligence of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant shall not be liable to Landlord, its agents, servants, employees, employees or contractors, customers or invitees for of any damage to person occupant, tenant, visitor or property caused by user of any actportion of the Landlord's Property, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Leasethan the Leased Premises, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to shall indemnify Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liensliability, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to loss or death damage whatsoever on account of any person such loss, injury, death or damage. The preceding sentence shall not apply to loss, injury, death or damage to the extent caused by the negligence or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord Tenant or any of its agents agents, employees or employeescontractors.
Appears in 1 contract
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, 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 persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Sources: Lease Addendum (Coast Bancorp)
Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and 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 any case, 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 persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees.
b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defects in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.
Appears in 1 contract
Sources: Office Building Lease (Colorado Business Bankshares Inc)
Hold Harmless. a. Landlord shall not be liable Except to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property the extent caused by any act, omission Landlord’s negligence or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofwillful misconduct, Tenant agrees to indemnify, defend by counsel reasonably acceptable to shall indemnify and hold harmless Landlord and hold Landlord harmless of, Landlord’s individual or corporate partners against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord and Landlord’s individual or corporate partners against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, reasonable attorney’s fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding to be brought against Landlord, and/or its individual or corporate partners, by reason of 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 persons in, upon or about the Premises, from any cause other than Landlord’s negligence or willful misconduct of misconduct, and Tenant hereby waives all claims in respect thereof against Landlord and/or its individual or any of its agents, employees, contractors, assigns, subtenants, guest corporate partners. Landlord and Landlord’s individual or invitees.
b. Tenant corporate partners and Landlord’s agents shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any loss or damage to person persons or property caused by resulting from fire, explosion, earthquake, landslide, flood, mudflow, earth sinking or shift or rising, insects, vermin or rodents, pollution from any actsource or location, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses contamination (including, but not limited to, court coststoxic waste and hazardous waste) from any source or location, reasonable attorneys’ fees poison, windstorm, tidal wave, wind or water carried objects, hail, aircraft, vehicles, riot or civil commotion, vandalism or malicious mischief, sprinklers (both fire and litigation expenses) in connection with injury to landscape), public handicap provisions or death lack thereof, falling objects, including, but not limited to, walls, structure, ceiling or roof systems, broken or damaged utility services, including, but not limited to, steam lines, gas lines, electric lines and panels, and water lines, or any type of appliances or tanks, including, but not limited to, water storage tanks, propane or gas tanks, water heaters, boilers, air-conditioning equipment; seepage or flooding from sea water, ground water, lagoon water, rain water, run-off from or discharge of any person type of liquid or gas, or any type of loss or damage from the subsurface of the earth, ground surface (including, but not limited to, bodies of water such as oceans, lakes, rivers, streams, reservoirs, ditches), atmosphere, or any other cause whatsoever or from any other place whatsoever which may cause loss or damage to or theft, loss or loss any part of the use of any property occurring in Project, Premises, persons or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseproperty, unless caused by or due to any other grossly negligent act or omission the negligence or willful misconduct of Landlord or any of its agents agents, servants, or employees. Landlord or its agents shall not be liable for interference with the light, air, or for any latent defects in the Premises. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises.
Appears in 1 contract