Common use of Indemnification of Lessor Clause in Contracts

Indemnification of Lessor. The Lessee shall indemnify, defend, protect, and hold the Lessor, and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Premises or the Building, or discharge in or from the Premises or the Building of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee.

Appears in 3 contracts

Sources: Lease Agreement (Adept Technology Inc), Lease (Somera Communications Inc), Lease Agreement (Adept Technology Inc)

Indemnification of Lessor. The Lessee shall indemnify, defenddefend (by counsel reasonably acceptable to Lessor), protect, and hold the Lessor, and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for or death of or injury to any person or damage to any property whatsoever whatsoever, arising from or caused in whole or in part, directly or indirectly, by (A1) the presence in, on, under or about the Leased Premises or the Building, or discharge in or from the Leased Premises or the Building of land building is situated on any Hazardous Materials or the hazardous materials caused directly by Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials hazardous materials to, in, on, under, about or from the Premises premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agentseither building, or (B2) the Lessee's failure to comply with any Hazardous Materials LawLaws. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up cleanup or detoxification or decontamination of the Premises premises or the Buildingland under building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Leaselease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions they are negligent, intentional, willful or unlawful, ) shall be strictly attributable to the Lessee.

Appears in 2 contracts

Sources: Office Lease (Mission Critical Software Inc), Office Lease (Deja Com Inc)

Indemnification of Lessor. The Lessee shall indemnify, defend, protect, save harmless and hold the Lessor, defend Lessor and each of the Lessor's partnersits officers, employees, agentsand agents (collectively, attorneys, successors and assigns, free and harmless the “Lessor Indemnified Parties”) from and against any and all claimsliabilities, liabilitieslosses, damages, penalties, forfeiturescosts, losses and expenses, including reasonable attorneys’ fees, that may be imposed upon or expenses (including attorneys' fees) for death incurred by or asserted against any Lessor Indemnified Party by reason of any of the following occurrences during the Term: 14.1.1 any breach by Lessee of its obligations, covenants, representations or injury to warranties contained in this lease or made pursuant thereto; 14.1.2 any person work or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, by (A) the presence thing done in, on, under on or about the Premises or the Buildingany part thereof by Lessee, its agents, contractors, subcontractors, servants, employees, or discharge in invitees; 14.1.3 any negligence on the part of Lessee or from any of its agents, contractors, subcontractors, servants, employees, licensees or invitees in, on or about the Premises or in connection with the Building of System; 14.1.4 any Hazardous Materials accident, injury, or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge damage to any person or generation of Hazardous Materials to, property occurring in, onon or about the Lease Area or any part thereof, under, about or from the Premises or the Building, but only except to the extent such Hazardous Materials are present as a result caused by the negligence or intentional misconduct of actions Lessor or any of the Lessee, its officers, employees, invitees, assigneesemployees or agents; and 14.1.5 any failure on the part of Lessee or any of its agents, contractors, or agentssubcontractors, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, inviteesservants, employees, agentslicensees or invitees in, assigneeson or about the Premises to fully comply with the Applicable Legal Requirements. In case any action or proceeding is brought against any Lessor Indemnified Party by reason of any such claim, contractors Lessor may elect that Lessee defend such action or subcontractors proceeding with counsel approved by Lessor. Upon written notice from Lessor of the such election, Lessee shall defend such action or others acting for or on behalf of the Lessee (proceeding at Lessee’s expense to the extent any such individual is acting within the scope reasonable satisfaction of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the LesseeLessor.

Appears in 2 contracts

Sources: Solar Lease Agreement, Solar Lease Agreement

Indemnification of Lessor. The Lessee shall indemnify, defend, protect, and hold the Lessor, and each of the Lessor's ’s partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Premises or the Building, or discharge in or from the Premises or the Building of any Hazardous Materials or the Lessee's ’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's ’s failure to comply with any Hazardous Materials Law. The Lessee's ’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up tip or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not :lot such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee.

Appears in 1 contract

Sources: Lease Agreement (Inamed Corp)

Indemnification of Lessor. The Lessee shall indemnify, defend, protect, and hold the Lessor, and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Premises or the Building, or discharge in or from the Premises or the Building of any Hazardous Materials or resulting from the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee.

Appears in 1 contract

Sources: Interim Lease (GRC International Inc)

Indemnification of Lessor. The Lessee shall indemnify, defend, protect, and hold the Lessor, and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Premises or the Building, or discharge in or from the Premises or the Building of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee. Notwithstanding anything to the contrary contained herein, Lessee shall not have any liability to Lessor under this Lease resulting from any conditions existing, or events occurring, or any Hazardous Materials existing or generated, at, in, on, under or in connection with the Premises, the Building, Common Areas, or the Project prior to the Commencement Date of this Lease or for Hazardous Materials brought into the Premises, the Building, Common Areas, or the Project during the Term by Lessor, its agents, employees or contractors, or brought onto by any other party. If Hazardous Materials in violation of any laws are discovered in the Premises, the Building, Common Areas, or the Project during the Term, and such Hazardous Materials were not caused or introduced by Lessee or persons acting by, through or under Lessee, Lessor will, if required by applicable Hazardous Materials Laws, p r o m p t l y cause such Hazardous Materials to be remediated, encapsulated, removed, or otherwise handled, at Lessor’s sole cost and expense and shall not be included in the Building or Common Area Operating Expenses.

Appears in 1 contract

Sources: Commercial Lease (Resonant Inc)

Indemnification of Lessor. The Lessee shall agrees to indemnify, defend, protect, defend and hold the Lessor, save Lessor harmless against and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claimsclaims by or on behalf of any person, liabilitiesfirm or corporation, penalties, forfeitures, losses arising from the conduct or expenses (including attorneys' fees) for death management of or injury from any work or thing whatsoever done in or about the leased Premises, beginning May 1, 2013, regardless of when such claims may have occurred, arose or accrued, which in any way relate to the leased premises, including, without limitation, in connection with Hazardous Materials. Lessee also agrees to indemnify, defend and save Lessor harmless against and from any person or damage and all claims arising during the lease term from any condition of the leased property. Lessee also agrees to indemnify, defend and save harmless Lessor from any and all claims , including but not limited to physical injury, property whatsoever arising from or caused in whole or in partdamage, special damages, consequential damages, expenses, costs, and attorneys fees, directly or indirectlyindirectly arising out of, by (A) the presence in, on, under or about the Premises or the Buildingin connection with, or discharge incident to the operation of the leased premises or arising from any breach or default on the part of Lessee in or from the Premises or the Building performance of any Hazardous Materials covenant or agreement on the Lessee's usepart of Lessee to be performed, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only pursuant to the extent such Hazardous Materials are present as a result terms of actions of the Lessee, its officers, employees, invitees, assignees, contractorsthis lease, or agents, or (B) the arising from Lessee's ’s failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall includelaw, without limitation, and whether foreseeable ordinance or unforeseeable, all costs regulation of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lesseegovernmental body, or by officersarising from any negligent act or omission of Lessee or any of its agents, inviteescontractors, servants, employees, licensees, guests and sub lessees and any agents, assigneescontractors, contractors or subcontractors servants, employees, licenses and guess of the Lessee or others acting for or on behalf its sub lessees. Lessee’ obligation to defend, indemnify and save Lessor harmless shall include Lessee’s payments of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lesseereasonable actual legal fees.

Appears in 1 contract

Sources: Lease Agreement

Indemnification of Lessor. The To the fullest extent permitted by law, Lessor and its respective officers, directors, officials, agents, employees and/or subdivisions (collectively the Lessor), shall not be liable for any damage, injury or death, either to person or property (including the loss of use thereof), of any nature whatsoever, which damage is sustained by Lessee, by persons claiming through Lessee, or any other third party; provided that the foregoing shall not apply to the extent that any damage, injury, or death is caused by the intentional misconduct of Lessor. Lessee shall indemnify, defend, protect, and hold the Lessorharmless Lessor and ▇▇▇▇▇▇’s elected and appointed officials, and each of the Lessor's partnersofficers, employees, agents, attorneysaffiliates, successors representatives, contractors, volunteers, guests, business invitees and assignsall of the persons acting for, free by, or through, and harmless from in any way on behalf of Lessor from, against, and against for any and all claimslosses, damages, liabilities, deficiencies, claims, demands, actions, judgments, settlements, interest, awards, penalties, forfeituresfines, losses costs, or expenses of whatever kind (“Claims”), including reasonable attorneys' fees) for death of , arising, alleged to arise out of, or injury relating in any way to any person acts or damage to any property whatsoever arising from omissions incurred in connection with ▇▇▇▇▇▇’s use or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Premises or the Building, or discharge in or from the Premises or the Building of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination occupancy of the Premises at any time whether pursuant to this Lease or a previous lease with Lessor, including use of above-ground and underground storage tanks, ▇▇▇▇▇▇’s breach of this Lease or any previous Lease between Lessee and Lessor in connection with the BuildingPremises. ▇▇▇▇▇▇’s indemnification and hold harmless obligations under this Section apply to both direct and third-party Claims and are triggered upon ▇▇▇▇▇▇’s provision of notice of a Claim to Lessee. ▇▇▇▇▇▇’s duty to defend applies immediately regardless of whether ▇▇▇▇▇▇ has paid any sums or incurred any detriment arising out of or relating directly or indirectly to any Claim. Lessee shall assume control of the defense, appeal, or settlement of a Claim by sending prompt written notice of the assumption to Lessor through which it will acknowledge responsibility for the defense. Lessee will then undertake, conduct and control the preparation defense through counsel approved by ▇▇▇▇▇▇, which shall not be unreasonably withheld, at ▇▇▇▇▇▇’s sole cost and implementation expense. Lessee shall give prompt written notice to Lessor of any closureproposed settlement. Lessee may not settle or compromise any Claim or consent to the entry of any judgment without ▇▇▇▇▇▇’s prior written consent. Notwithstanding anything to the contrary herein, remedial action or other required plans ▇▇▇▇▇▇ may defend a claim with counsel of its own choosing and without ▇▇▇▇▇▇’s participation when Lessor determines it is in connection therewithits best interests to do so. Limits of insurance will not be deemed a limitation of Lessee’s above-described covenant to indemnify, hold harmless and defend. The rights, obligations and provisions of this Section shall be deemed to be a separate contract between Lessor and ▇▇▇▇▇▇ and shall survive the expiration or earlier termination of the term of the this Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee.

Appears in 1 contract

Sources: Non Profit Building and Grounds Lease

Indemnification of Lessor. The Lessee shall indemnify, defend, protect, and hold the Lessor, and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Premises or the BuildingPremises, or discharge in or from the Premises or the Building of any Hazardous Materials resulting from the Lessee or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, ; in, on, under, about or from the Premises or the BuildingPremises, but only to the extent such Hazardous Materials Materials., are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the BuildingPremises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, ; or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or or. omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee.

Appears in 1 contract

Sources: Assignment and Subordination of Master Lease (Venoco, Inc.)

Indemnification of Lessor. The (a) Lessee shall indemnifyindemnify and save Lessor harmless from and against (i) any and all liabilities, defendpenalties, protectlosses, damages, costs, expenses, demands, causes of action, claims and hold judgments arising from or growing out of any injury to any person, or any damage to any property, as a result of any accident or other occurrence during the Lessor, and each Term occasioned by the negligence or willful misconduct of the LessorLessee or Lessee's partnersofficers, employees, agents, servants, subtenants, licensees, contractors, invitees and permittees, or arising from or growing out of the use, maintenance occupancy or operation of the Premises and (ii) all legal costs and charges, including reasonable attorneys' fees, successors incurred in and assignsabout any such matters, free in the defense of any action arising out of the same or in discharging the Premises, or any part thereof, from any and all liens, charge or judgments which may accrue or be place thereon by reason of any act or omission of Lessee. (b) Lessor shall indemnify and save Lessee harmless from and against (i) any and all claims, liabilities, penalties, forfeitureslosses, losses damages, costs, expenses, demands, causes of action, claims and judgments arising from or expenses (including attorneys' fees) for death growing out of or any injury to any person person, or any damage to any property whatsoever arising from or caused in whole or in partproperty, directly or indirectly, by (A) the presence in, on, under or about the Premises or the Building, or discharge in or from the Premises or the Building of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action accident or other required plans in connection therewith, and shall survive occurrence during the expiration Term occasioned by the negligence or earlier termination willful misconduct of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts Lessor or omissions of the Lessee, or by Lessor's officers, invitees, employees, agents, assigneesservants, contractors subtenants and contractors, or subcontractors as a result of any default by lessor in observance or performance of any terms, covenants or conditions of the Lessee lease on the lessor's part to be observed or others acting for or on behalf of the Lessee performed and (to the extent ii) all legal costs and charges, including reasonable attorneys' fees, incurred in and about any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lesseematters .

Appears in 1 contract

Sources: Lease (Marketwatch Com Inc)

Indemnification of Lessor. The Neither Lessor nor Lessor's agents, nor any shareholder, constituent partner or other owner of Lessor or any agent of Lessor nor any contractor, officer, director or employee of any thereof shall be liable to Lessee shall indemnifyand Lessee waives all claims against Lessor and such other persons for any injury to or death of any person or for loss of use of or damage to or destruction of property in or about the Premises by or from any cause whatsoever, defendunless caused solely by the gross negligence or willful misconduct of Lessor, protectits agents or employees. Except to the extent waived pursuant to paragraph 11.5 above, Lessee agrees to indemnify and hold Lessor, Lessor's agents, the shareholders, constituent partners and/or other owners of Lessor or any agent of Lessor. and all contractors, officers, directors and employees of any thereof (collectively, "Indemnitees"), and each of the Lessor's partnersthem, employees, agents, attorneys, successors and assigns, free and harmless from and to protect and defend each Indemnitee against any and all claims, liabilitiesdemands, penaltiessuits, forfeituresliability, losses damage or expenses loss and against all costs and expenses, including reasonable attorney's fees incurred in connection therewith, (including attorneys' feesa) for arising out of any injury or death of or injury to any person or damage to or destruction of property occurring in, on or about the Premises during Lessee's occupancy of the Premises. from any property whatsoever arising from cause whatsoever, unless caused solely by the gross negligence or willful misconduct of such Indemnitee, or (b) occurring in, on or about the Premises, when such claim, injury or damage is caused or allegedly caused in whole or in partpart by the act, directly or indirectlyneglect, by (A) the presence in, on, under or about the Premises or the Buildingdefault, or discharge in or from the Premises or the Building omission of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the duty by Lessee, its officersformer or current agents, contractors, employees, invitees, assignees, contractors, or agentssubtenants, or (Bc) the Lessee's arising from any failure of Lessee to comply with observe or perform any Hazardous Materials Law. of its obligations hereunder, The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs provisions of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and this paragraph shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, this Lease with respect to any acts claims or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (liability occurring prior to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lesseetermination.

Appears in 1 contract

Sources: Attornment Agreement (Mobileiron, Inc.)

Indemnification of Lessor. The Neither Lessor nor Lessor’s agents, nor any shareholder, constituent partner or other owner of Lessor or any agent of Lessor, nor any contractor, officer, director or employee of any thereof shall be liable to Lessee shall indemnifyand Lessee waives all claims against Lessor and such other persons for any injury to or death of any person or for loss of use of or damage to or destruction of property in or about the Premises by or from any cause whatsoever, defendunless caused by the gross negligence or willful misconduct of Lessor, protectits agents or employees. Lessee agrees to indemnify and hold Lessor, Lessor’s agents, the shareholders, constituent partners and/or other owners of Lessor or any agent of Lessor, and hold the Lessorall contractors, officers, directors and employees of any thereof (collectively, “Indemnitees”), and each of the Lessor's partnersthem, employees, agents, attorneys, successors and assigns, free and harmless from and to protect and defend each Indemnitee against any and all claims, liabilitiesdemands, penaltiessuits, forfeituresliability, losses damage or expenses loss and against all costs and expenses, including reasonable attorneys’ fees incurred in connection therewith, (including attorneys' feesa) for arising out of any injury or death of or injury to any person or damage to or destruction of property occurring in, on or about the Premises during the term of this Lease, as may be extended, from any property whatsoever arising from cause whatsoever, unless caused by the gross negligence or willful misconduct of such Indemnitee, or (b) occurring in, on or about the Premises, when such claim, injury or damage is caused or allegedly caused in whole or in partpart by the act, directly or indirectlyneglect, by (A) the presence in, on, under or about the Premises or the Buildingdefault, or discharge in or from the Premises or the Building omission of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the duty by Lessee, its officersformer or current agents, contractors, employees, invitees, assignees, contractors, or agentssubtenants, or (Bc) the Lessee's arising from any failure of Lessee to comply with observe or perform any Hazardous Materials Lawof its obligations hereunder. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs provisions of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and this paragraph shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, this Lease with respect to any acts claims or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (liability occurring prior to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lesseetermination.

Appears in 1 contract

Sources: Lease Agreement (ZS Pharma, Inc.)

Indemnification of Lessor. The Lessee shall indemnify, defend, protect, and hold the Lessor, and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Premises or the Building, or discharge in or from the Premises or the Building of any Hazardous Materials resulting from the Lessee or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other 15 required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee.

Appears in 1 contract

Sources: Building Lease (GRC International Inc)

Indemnification of Lessor. The Lessee shall indemnify, defend, protect, and hold the Lessor, and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Premises or the Building, or discharge in or from the Premises or the Building of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lesseelessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee.

Appears in 1 contract

Sources: Lease Agreement (Computer Motion Inc)

Indemnification of Lessor. The Except for claims arising out of the acts caused by the gross negligence or willful misconduct of Lessor, Lessee shall indemnify, protect, defend, protect, and hold the Lessor▇▇▇▇▇▇ and ▇▇▇▇▇▇’s officers, directors, employees and each of the Lessor's partners, employees, agents, attorneys, successors and assigns, free and agents harmless from and against any and all claims, actions, demands, proceedings, losses, damages, costs of any kind or character (including reasonable attorneys’ fees and court costs), expenses, liabilities, judgments, fines, penalties, forfeituresor interest (collectively, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever “Losses”), arising from or caused out of ▇▇▇▇▇▇’s use of the Leased Premises, or from the conduct of Lessee’s business or from any activity, work or things done, permitted or suffered by Lessee in whole or in part, directly or indirectly, by (A) the presence in, on, under or about the Leased Premises or elsewhere. Lessee shall also indemnify, protect, defend, and hold Lessor and ▇▇▇▇▇▇’s officers, directors, employees and agents harmless from and against any and all Losses arising from any breach or default in the Buildingperformance of any obligation on ▇▇▇▇▇▇’s part to be performed under the terms of this Lease, or discharge in arising from any act or from the Premises or the Building omission of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions of the Lessee, its officers, employees, invitees, assigneesor any of Lessee’s agents, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitationemployees, and whether foreseeable or unforeseeablefrom and against all costs, all costs attorneys’ fees, expenses and liabilities reasonably incurred in the defense of any required such claim or necessary repair, clean-up any action or detoxification proceeding brought thereon; and in case any action or decontamination proceeding be brought against Lessor or any of the Premises or the Building, and the preparation and implementation Lessor’s representatives by reason of any closuresuch claim, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, upon notice from Lessor, shall defend the same at ▇▇▇▇▇▇’s expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Neither termination or by officers, invitees, employees, agents, assignees, contractors expiration of this Lease shall release Lessee from its obligations to defend or subcontractors of indemnify Lessor as required hereunder so long as the Lessee or others acting for or on behalf of the Lessee (event upon which any such Loss is predicated shall have occurred prior to the extent effective date of any such individual is acting within the scope of his relationship with the Lessee), whether termination or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lesseecompletion.

Appears in 1 contract

Sources: Lease Agreement (Tiziana Life Sciences LTD)

Indemnification of Lessor. The Lessee Lessor shall not be liable, and the Lessees shall indemnify, defendsave, protecthold harmless, and hold defend the Lessorlessor, and each of the Lessor's partnersfor any loss, employeesinjury, agentsdeath, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) for death of or injury to any person or damage to persons or property which at any property whatsoever arising from time may be suffered or caused in whole sustained by the Lessees or in partby any person whosoever may at any time be using or occupying or visiting the premises, directly or indirectly, by (A) the presence be in, on, under or about the Premises or the Buildingpremises, whether such loss, injury, death, or discharge damage shall be caused by or in any way result from or arise out of any act, omission, negligence, or intentional misconduct of the lessee or of any occupant, subtenant, visitor, or user of any portion of the premises or shall result from or be caused by any other matter or thing whether the same kind as or of a different kind than the matters or things above set forth, and the Lessees shall indemnify the Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. The Lessees hereby waive all claims against the Lessor for damages to any building and improvements which are now on or hereafter placed or built on the premises and to the property of the Lessees in, or about the premises and for injuries to persons or property in or about the premises, from the Premises any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death or the Building of any Hazardous Materials or the Lessee's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises or the Building, but only to the extent such Hazardous Materials are present as a result of actions damage arising by reason of the Lesseenegligence or misconduct of the Lessor, its officers, employees, invitees, assignees, contractors, or agents, or (B) the Lessee's failure to comply with any Hazardous Materials Law. The Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean-up or detoxification or decontamination of the Premises or the Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of the Lessee, or by officers, invitees, its employees, agents, assignees, contractors or subcontractors of the Lessee or others acting for or on behalf of the Lessee (to the extent any such individual is acting within the scope of his relationship with the Lessee), whether or not such acts or omissions are negligent, intentional, willful or unlawful, shall be strictly attributable to the Lessee.

Appears in 1 contract

Sources: Farm Lease