Indemnification and Non-Liability Sample Clauses

Indemnification and Non-Liability. To the extent permitted by law, Landlord/Owner assumes no liability for injury to Tenant or Tenant's guests or invitees, except to the extent that such liability is the direct result of Landlord/Owner's Gross Negligence. Tenant agrees to accept the Property in its present condition and to hold the Landlord/Owner harmless from any claims or any damages arising out of or resulting from Landlords/Owner's or Tenant's negligence or for any defects in the Property now or hereafter occurring. Tenant agrees that all personal property in the Agreement or stored on the Premises shall be at the risk of Tenant. Tenant further agrees not to hold Landlord liable in any matter for/or on account of any loss or damage sustained by action of any third party, fire, theft, water, or the elements or for loss of any articles from any cause, from said Premises or any other part of said buildings.
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Indemnification and Non-Liability. 18.01. Tenant shall indemnify and hold harmless Landlord and all Landlord Parties from and against any and all claims (to the extent in excess of any sums reimbursed by insurance or, which would have been so reimbursed if Landlord had maintained the insurance required to be maintained by it hereunder) to the extent that the same arises from (a) the conduct or management of the Premises or of any business therein, or any condition created (other than by Landlord or any Landlord Party or any contractor of Landlord or any Landlord Party) in, at or upon the Premises, (b) the negligence or willful misconduct of Tenant or any Tenant Party, or of any contractor of Tenant or any Tenant Party, (c) any accident, injury or damage whatever (except 18.02. Landlord shall indemnify and hold harmless Tenant and all Tenant Parties from and against any and all claims (to the extent in excess of any sums reimbursed by insurance or, which would have been so reimbursed if Tenant had maintained the insurance required to be maintained by it hereunder) to the extent that the same arises from (a) the negligence or willful misconduct of Landlord or any Landlord Party, or of any contractor of Landlord or any Landlord Party, or (b) any breach or default by Landlord in the full and prompt payment and performance of Landlord's obligations under this lease; together, subject to the provisions of this Section 18.02, with all costs, expenses and liabilities incurred in or in connection with each such claim or any action or proceeding brought thereon, including, without limitation, all attorneys' fees and expenses. If any such claim is asserted against Tenant and/or any Tenant Party, Tenant shall give Landlord prompt notice thereof. If Landlord shall, in good faith, believe that such claim is or may not be within the scope of the indemnity set forth in this Section then, pending determination of that question, Landlord shall not be deemed to be in default under this lease by reason of its failure or refusal to indemnify and hold harmless Tenant or any Tenant Party therefrom or to pay such costs, expenses and liabilities, but if it shall be finally determined by a court of competent jurisdiction that such claim was within the scope of the indemnity set forth in this Section then Landlord shall be liable for any judgement or reasonable settlement or any reasonable legal fees incurred by the party entitled to indemnity hereunder. If the issuer of any insurance policy maintained by Landlord sh...
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Indemnification and Non-Liability. Subdealer shall indemnify, save, defend and hold harmless Dynamic Cellular Inc., .
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Indemnification and Non-Liability 
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Related to Indemnification and Non-Liability

  • Indemnification Liability (a) The Licensee will be liable for and will indemnify and save harmless the Owner, its directors, officers, employees and contractors, and those for whom it is responsible in law (collectively, the “Owner Indemnitees”) from and against any and all losses, suits, actions, causes of action, proceedings, damages, costs, claims and expenses (collectively, the “Losses”) arising from physical damage to any tangible property or bodily injury, including death, to any person caused by or arising out of any breach by the Licensee of its obligations under this Agreement or any negligent act or omission relating to the Licensee’s use and occupation of the Equipment Room, the Building or the Lands under this Agreement, provided that the Licensee will not be required to indemnify the Owner Indemnitees to the extent any such Losses are caused by any negligent or wilful act or omission of any of the Owner Indemnitees. Notwithstanding the foregoing, in no event will the Licensee be liable for or indemnify and save harmless any of the Owner Indemnitees from and against any indirect, special, incidental or consequential damages, including loss of revenue, loss or profits, loss of business opportunity or loss of use of any facilities or property, even if advised of the possibility of such damages. (b) The Owner will be liable for and will indemnify and save harmless Licensee, its directors, officers, employees and contractors, and those for whom it is responsible in law (collectively, the “Licensee Indemnitees”) from and against any and all losses, suits, actions, causes of action, proceedings, damages, costs, claims and expenses (collectively, the “Losses”) arising from physical damage to any tangible property or bodily injury, including death, to any person caused by or arising out of any breach by the Owner of its obligations under this Agreement or any negligent act or omission relating to the Owner’s ownership or management of the Building or the Lands under this Agreement, provided that the Owner will not be required to indemnify any Licensee Indemnitees to the extent any such Losses are caused by any negligent or wilful act or omission of any of the Licensee Indemnitees. Notwithstanding the foregoing, in no event will the Owner be liable for or indemnify and save harmless any of the Licensee Indemnitees from and against any indirect, special, incidental or consequential damages, including loss of revenue, loss or profits, loss of business opportunity or loss of use of any facilities or property, even if advised of the possibility of such damages.

  • Indemnification and Limitation of Liability (a) In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of FSSC and its trustees, officers, employees, agents and representatives, the Funds agree to indemnify FSSC and its trustees, officers, employees, agents and representatives against any and all claims, demands, liabilities and reasonable expenses (including attorneys’ fees), related to or otherwise connected with (i) any breach by the Funds of any provision of this Agreement; or (ii) any action by a Fund’s Shareholder against FSSC. (b) FSSC shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. In no event shall FSSC be liable for indirect or consequential damages. (c) Any person, even though also an officer, trustee, partner, employee or agent of FSSC, who may be or become an officer, employee or agent of any Fund or a member of a Fund's Board, shall be deemed, when rendering services to such Fund or acting on any business of such Fund (other than services or business in connection with the duties of FSSC hereunder) to be rendering such services to or acting solely for such Fund and not as an officer, trustee, partner, employee or agent or one under the control or direction of FSSC even though paid by FSSC. (d) FSSC is expressly put on notice of the limitation of liability as set forth in the Declaration of Trust of each Fund that is a Massachusetts business trust and agrees that the obligations assumed by each such Fund pursuant to this Agreement shall be limited in any case to such Fund and its assets and that FSSC shall not seek satisfaction of any such obligations from the Shareholders of such Fund, the Trustees, Officers, Employees or Agents of such Fund, or any of them. (e) The provisions of this Section shall survive the termination of this Agreement.