Common use of Indemnification and Waiver Clause in Contracts

Indemnification and Waiver. Subtenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Sublease Premises from any cause whatsoever and agrees that Sublandlord, its affiliates, shareholders, directors, officers, and employees (the “Sublandlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Subtenant or by other persons claiming through Subtenant. Subtenant shall indemnify and defend Sublandlord Parties and hold the Sublandlord Parties harmless from and against any and all third party claims, losses, costs, actions, damages, liability, obligation and expense (including, without limitation, court costs, reasonable attorneys’ fees and other costs of litigation) incurred by or asserted against any of the Sublandlord Parties arising from (a) any occurrence in, on, or at the Sublease Premises, (b) any acts, omission, conduct or negligence in or about the Building or Project by Subtenant or Subtenant’s agents, employees, contractors, invitees, Subtenants, successors, or assigns or (c) the failure of Subtenant to perform any act, obligation, or covenant of Subtenant under this Sublease or Sublandlord under the Prime Lease that Subtenant is obligated to perform under this Sublease. The obligations set forth in this Section 19 shall survive the expiration or sooner termination of this Sublease.

Indemnification and Waiver. Subtenant Subject to Section 10.6 below, and except for injury or damage (i) of a type that is covered by the waivers described in Section 10.5 or (ii) that arise from the negligence or willful misconduct of Landlord or any of the Landlord Parties, Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and Landlord’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including reasonable attorneys’ fees and court costs (collectively, “Indemnified Claims”) (but excluding claims for lost profits or consequential damages), arising or resulting from (a) any negligence or willful misconduct of Tenant or any of Tenant’s agents, employees, contractors, subtenants, assignees, invitees or licensees in or about the Premises, the Building or the Real Property (but only when acting in the context of their relationship with Tenant) (collectively, “Tenant Parties”); (b) any occurrence within the Premises; and/or (c) any default by Tenant of any obligations on Tenant’s part to be performed under the terms of this Lease. Subject to Section 10.6 below, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Sublease Premises from any cause whatsoever and agrees that Sublandlord, its affiliates, shareholders, directors, officers, and employees (the “Sublandlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Subtenant or by other persons claiming through Subtenant. Subtenant shall indemnify and defend Sublandlord Parties and hold the Sublandlord Parties harmless from and against any and all third party claims, losses, costs, actions, damages, liability, obligation and expense (including, without limitation, court costs, reasonable attorneys’ fees and other costs of litigation) incurred by or asserted against any of the Sublandlord Parties arising from (a) any occurrence in, on, or at the Sublease Premises, (b) any acts, omission, conduct or negligence in or about the Premises, the Building or Project by Subtenant or Subtenant’s agentselsewhere on the Real Property from any cause, employees, contractors, invitees, Subtenants, successors, or assigns or (c) the failure of Subtenant to perform any act, obligation, or covenant of Subtenant under this Sublease or Sublandlord under the Prime Lease that Subtenant is obligated to perform under this Subleaseand Tenant hereby waives all claims in respect thereof against Landlord. The obligations set forth in provisions of this Section 19 10.1 shall survive the expiration or sooner termination of this SubleaseLease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. Subtenant Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and Landlord’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including reasonable attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any negligent or willful act or omission of Tenant or any of Tenant’s agents, employees, contractors, subtenants, assignees or licensees, in or about the Premises, the Building or the Real Property (collectively, “Tenant Parties”); (b) any occurrence within the Premises except to the extent caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors; and/or (c) any default by Tenant of any obligations on Tenant’s part to be performed under the terms of this Lease. Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Sublease Premises from any cause whatsoever and agrees that Sublandlord, its affiliates, shareholders, directors, officers, and employees (the “Sublandlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Subtenant or by other persons claiming through Subtenant. Subtenant shall indemnify and defend Sublandlord Parties and hold the Sublandlord Parties harmless from and against any and all third party claims, losses, costs, actions, damages, liability, obligation and expense (including, without limitation, court costs, reasonable attorneys’ fees and other costs of litigation) incurred by or asserted against any of the Sublandlord Parties arising from (a) any occurrence in, on, or at the Sublease Premises, (b) any acts, omission, conduct or negligence in or about the Premises, the Building or Project elsewhere on the Real Property from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent caused by Subtenant the negligence or Subtenant’s agentswillful misconduct of Landlord, its employees, agents or contractors, invitees, Subtenants, successors, or assigns or (c) the failure of Subtenant to perform any act, obligation, or covenant of Subtenant under this Sublease or Sublandlord under the Prime Lease that Subtenant is obligated to perform under this Sublease. The obligations set forth in provisions of this Section 19 10.1 shall survive the expiration or sooner earlier termination of this SubleaseLease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. Subtenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Sublease Premises from any cause whatsoever and agrees that Sublandlord, its affiliates, shareholdersmembers, directors, officers, officers and employees (the “Sublandlord Parties”) shall will not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Subtenant or by other persons or entities claiming through Subtenant. Subtenant shall will indemnify and defend the Sublandlord Parties and hold the Sublandlord Parties harmless from and against any and all third party claims, losses, costs, actions, damages, liability, obligation obligation, and expense (including, without limitation, court costs, reasonable attorneys’ fees fees, and other costs of litigation) incurred by or asserted against any of the Sublandlord Parties arising from (ai) any occurrence in, on, in or at the Sublease Premises, (bii) any actsact, omission, conduct or negligence in or about the Building or Project by Subtenant or Subtenant’s its affiliates, shareholders, directors, officers, agents, employees, contractors, invitees, Subtenants, successors, or assigns invitees or (ciii) the failure of Subtenant to perform any act, obligation, or covenant of Subtenant under this Sublease Agreement or of Sublandlord under the Prime Lease that Subtenant is obligated to perform Perform under this SubleaseAgreement. The obligations set forth in this Section 19 shall 18 will survive the expiration or sooner termination of this SubleaseAgreement.

Indemnification and Waiver. Subtenant Tenant hereby assumes all risk of damage to property or and injury to persons persons, in, upon on, or about the Sublease Premises from any cause whatsoever and agrees that SublandlordLandlord, and its officers, agents, property managers, affiliates, shareholdersservants, directors, officersemployees, and employees independent contractors (the “Sublandlord collectively, "Landlord Parties”") shall not be liable for, and are hereby released from any responsibility for, any damage either to person property or property injury to persons or resulting from the loss of use thereof, which damage or injury is sustained by Subtenant Tenant or by other persons claiming through SubtenantTenant. Subtenant Tenant shall indemnify and defend Sublandlord Parties indemnify, defend, protect, and hold harmless the Sublandlord Landlord Parties harmless from and against any and all third party claimsloss, lossescost, costsdamage, actions, damages, expense and liability, obligation including without limitation court costs and expense reasonable attorneys' fees (collectively, "Claims") incurred in connection with or arising from any cause in, on or about the Premises (including, without limitation, court costsTenant's installation, reasonable attorneys’ fees placement and other costs removal of litigation) incurred by or asserted against any of the Sublandlord Parties arising from (a) any occurrence Alterations, improvements, fixtures and/or equipment in, onon or about the Premises), or at the Sublease Premises, (b) and any acts, omission, conduct omissions or negligence in of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, licensees or invitees of Tenant or any such person, in, on or about the Premises, Building and Real Property. Notwithstanding the foregoing provisions of this Section 10.1 to the contrary, Tenant's assumption of risk and release and indemnity of Landlord provided hereinabove shall not apply with respect to any Claims to the extent caused by the gross negligence or Project willful misconduct of Landlord and not insured or required to be insured by Subtenant or Subtenant’s agents, employees, contractors, invitees, Subtenants, successors, or assigns or (c) the failure of Subtenant to perform any act, obligation, or covenant of Subtenant Tenant under this Sublease or Sublandlord under Lease (collectively, the Prime Lease that Subtenant is obligated to perform under this Sublease"Excluded Claims"), and Landlord shall indemnify, defend, protect and hold Tenant harmless from and against any such Excluded Claims (other than lost profits and other consequential damages). The obligations set forth in provisions of this Section 19 10.1 shall survive the expiration or sooner termination of this SubleaseLease.