Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises. 21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlord, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding by attorneys reasonably acceptable to Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable.
Appears in 1 contract
Sources: Lease (Boomerang Systems, Inc.)
Non Liability and Indemnification. 21.01 SECTION 20.01 Neither Landlord nor any agent Landlord's agents, officers, directors, shareholders, partners or employee of Landlord principals(disclosed or undisclosed) shall be liable to Tenant for or Tenant's agents, employees, contractors, invitees or licensees or any other occupant of the Premises, and Tenant hereby indemnifies Landlord against any loss, cost, liability, claim, damage, expense (including reasonable attorney's fees and disbursement), penalty or fine incurred in connection with or arising from any injury or damage to Tenant or to any other person or for any damage to, or loss loss, (by theft or otherwise) of, any of Tenant's Property or of the property of Tenant or of any other person, irrespective of the cause of such injury, damage or lossloss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighboring property or caused by operations in construction of any private, public or quasi-public work) unless due to the sole negligence of Landlord or Landlord's agents, it being understood that no property, property other than such as might normally be brought upon or kept in the Demised Premises as an incident incidental to the reasonable use of the Demised Premises for the purpose purposes herein permitted, permitted will be brought upon or be kept in the Demised Premises; provided, however, that even if due to any such negligence of Landlord or Landlord's agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord's agents shall not be liable, to the extent of Tenant's insurance coverage, for any loss or damage to any person or property even if due to the negligence of Landlord or Landlord's agents. Any Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor landlord's agents shall be liable for any loss of or damage to any such property by theft or otherwise.
21.02 A. SECTION 20.02 Neither any (a) performance by landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Real property. Building Equipment or Premises, (b) failure of Landlord or others to make any repairs or improvements, (c) damage to the Building Equipment, Premises or Tenant's Property, (d) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public or quasi-public work, or by any other cause, (e) latent defect in the Building, Building Equipment or Premises, (f) temporary covering or bricking up of any windows of the Premises for any reason whatsoever including Landlord's own acts, nor any permanent covering or bricking up of any such windows if required by any Legal Requirement or Insurance Requirement or the Declaration, nor (g) inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business by reason of any of the events or occurrences referred to in the foregoing subdivisions (a) through (f) shall indemnify impose any liability on Landlord to Tenant (other than such liability as may be imposed upon Landlord by law for Landlord's negligence or the negligence of Landlord's agents in the operation or maintenance of the Building or the Building Equipment or for the breach by Landlord of any express covenant of this Lease on Landlord's part to be performed) nor shall Tenant be entitled to any compensation therefor or abatement or diminution of rent nor shall the same release Tenant from its obligations hereunder or constitute an eviction. No representation, guaranty or warranty is made or assurance given that the communications or security systems, devices or procedures of the Building will be effective to prevent injury to Tenant or any other person or damage to, or loss (by theft or otherwise) of, any of Tenant's Property or of the property of any other person, and save harmless Landlord and its agents reserves the right to discontinue or modify at any time such communications or security systems or procedures without liability to Tenant.
SECTION 20.03 Tenant hereby indemnifies Landlord against and from (i) any and all claims (x) liability in connection with or arising from (Aa) any default by Tenant in the conduct or management performance of any of the Demised Premises or terms of any business thereinthis Lease on Tenant's part to be performed, or (Bb) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under Tenant in violation of the provisions of this Lease, or (c) any work doneacts, omissions or negligence of Tenant (or of Tenant and Landlord) or any such person, or the contractors, agents, employees, invitees or licensees of Tenant or any condition created (other than by Landlord for Landlord’s or Tenant’s account) such person, in or about the Demised Premises or the Real Property either prior to, during or after the term of this Lease or during expiration of, the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlord, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereonTerm. In case If any action or proceeding shall be brought against Landlord by reason of or Landlord's agents, or the Superior Lessor, the Superior Mortgagee or the Fee Mortgagee, based upon any such claim, claim and if Tenant, upon notice from Landlord, shall resist and defend cause such action or proceeding to be defended at Tenant's expense by attorneys counsel reasonably acceptable satisfactory to Landlord, without any disclaimer of liability by Tenant in connection with such claim, Tenant shall not be required to indemnify Landlord, Landlord's agents, or the Superior Lessor, the Superior Mortgagee or the Fee Mortgagee for attorneys' fees and disbursements in connection with such action or proceeding.
SECTION 20.04 Tenant shall pay to Landlord agreeing that as Additional Rent, within 5 days following rendition by Landlord to Tenant of bills of statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in Section 20.03.
SECTION 20.05 The provisions of Sections 20.01 and 20.03 are subject to the attorneys for provisions of Sections 8.06 and 8.07 and in the insurance company providing Tenant’s insurance are acceptableevent of any inconsistency the provisions of 8.06 and 8.07 shall control.
Appears in 1 contract
Sources: Lease (Asi Solutions Inc)
Non Liability and Indemnification. 21.01 20. 1. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage damage, or loss, it being understood that no property, other than such as might normally be brought upon unless caused by or kept in the Demised Premises as an incident due to the reasonable use negligence of Landlord, its agents, or employees without contributory negligence on the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premisespart of Tenant.
21.02 A. 20.02. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants subtenants, invitees or licensees or its or their employees, agents agents, or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses expenses, and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding proceeding.
20.03. Except as otherwise expressly provided in this Lease, this Lease and he obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by attorneys reasonably acceptable to reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel supplies or labor resulting therefrom, or other like cause beyond Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable's reasonable control.
Appears in 1 contract
Sources: Lease Agreement (Robotic Lasers Inc)
Non Liability and Indemnification. 21.01 6.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence or willful acts of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permittedpermitted and use related to Tenant’s business, will be brought upon or be kept in the Demised Premises.
21.02 A. (a) Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employeesemployees occurring within the scope of their respective employments, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities (including reasonable attorneys fees) incurred in or in connection with each such claim or 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 resist and defend such action or proceeding proceeding.
(b) Landlord shall indemnify and save harmless Tenant from and against any and all claims arising from Landlord’s negligence or willful act.
6.03 Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by attorneys reasonably acceptable reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord’s reasonable control. Notwithstanding the foregoing, if there has been a continuous major interruption in services due to the causes stated in this Section 6.03, resulting in Tenant being unable to carry out its business, for a period exceeding six (6) months, Tenant shall have the right to terminate this Lease on written notice to Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable.
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident except to the reasonable use extent caused by or due to the negligence or willful misconduct of the Demised Premises for the purpose herein permittedLandlord, will be brought upon its agents, contractors or be kept in the Demised Premisesemployees.
21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the use, conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yz) Tenant’s breach of its obligations under the Lease or (ii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding.
21.03 Notwithstanding anything contained herein to the contrary, Landlord shall indemnify and save harmless Tenant and its agents against and from (a) any and all claims (i) arising from Landlord’s breach of its obligations under the Lease or (ii) arising from any negligence or willful misconduct of Landlord or its employees, agents or contractors; and (b) all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding is brought against Tenant by attorneys reasonably acceptable to reason of any such claim, Landlord, upon notice from Tenant, shall resist and defend such action or proceeding.
21.04 Except as otherwise expressly provided in this lease, the non monetary obligations of Landlord agreeing that the attorneys for the insurance company providing Tenantand Tenant hereunder shall be excused if Landlord or Tenant is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond such party’s insurance are acceptablereasonable control.
Appears in 1 contract
Sources: Lease (American Realty Capital New York Recovery Reit Inc)
Non Liability and Indemnification. 21.01 19.01. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the willful acts or gross negligence of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. 19.02. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease Term or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents agents, visitors, invitees or contractors even if the claims described in (x) or (y) above arise out subcontractors of the concurrent negligence of Landlordany tier, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding at Tenant's expense by attorneys counsel reasonably acceptable satisfactory to Landlord, without any disclaimer of liability in connection with such claim.
19.03. Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptableis unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other cause beyond Landlord's reasonable control.
Appears in 1 contract
Non Liability and Indemnification. 21.01 20.01. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage damage, or loss, it being understood that no property, other than such as might normally be brought upon unless caused by or kept in the Demised Premises as an incident due to the reasonable use negligence of Landlord, its agents, or employees but subject to the contributory negligence laws of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premisesjurisdiction.
21.02 A. 20.02. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants subtenants, invitees or licensees or its or their employees, agents agents, or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses expenses, and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding.
20.03. Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by reason of strike, other labor trouble (other than Landlord's own employees), governmental preemption or priorities or other controls in connection with a national or other public emergency or shortages of fuel supplies or labor resulting therefrom, or other like cause beyond Landlord's reasonable control.
20.04. Landlord shall indemnify and save harmless Tenant and its agents against and from (a) any and all claims (i) arising from (x) the conduct or management of the Building or of any business therein, or (y) any work or thing whatsoever done, or any condition created (other than by Tenant for Landlord's or Tenant's account) in or about the Building or the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date, or (ii) arising from any negligent or otherwise wrongful act or omission of Landlord or any of its subtenants, invitees or licensees or its or their employees, agents, or contractors, and (b) all costs, expenses, and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Tenant by attorneys reasonably acceptable to reason of any such claim, Landlord, Landlord agreeing that the attorneys for the insurance company providing upon notice from Tenant’s insurance are acceptable, shall resist and defend such action or proceeding.
Appears in 1 contract
Sources: Lease Agreement (Intelligroup Inc)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence of Landlord, its agents or employees occurring within the scope of their respective employments, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. (a) Except for claims covered by Landlord's indemnification under Sections 21.02(b), Tenant shall indemnify and save harmless Landlord and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yY) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding.
(b) Except for claims covered by Tenant's indemnification under Section 21.02(a), Landlord shall indemnify and save harmless Tenant and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Building (other than the Demised Premises) or of any business therein including, without limitation, Landlord's obligations pursuant to Section 10.01(a), or (B) any work or thing whatsoever done, or any condition created (other than by Tenant) in or about the Building (other than the Demised Premises) during the term of this lease, or (y) arising from any negligent or otherwise wrongful act or omission of Landlord or any of its tenants or licensees or its or their employees, agents or contractors, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Tenant by attorneys reasonably acceptable to reason of any such claim, Landlord, upon notice from Tenant, shall resist and defend such action or proceeding.
21.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Landlord agreeing that or Tenant hereunder shall be in no wise affected, impaired or excused because the attorneys for other party is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond such other party's reasonable control, but excluding inability to pay or unavailability of funds. Landlord and Tenant shall each use reasonable diligence to effect performance of their respective obligations promptly after the insurance company providing Tenant’s insurance are acceptablecondition causing its respective inability to, or delay in, performing their respective obligations under this lease no longer exists.
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding proceeding.
21.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by attorneys reason of strike, other labor trouble, governmental preemption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of Cod or other like cause beyond Landlord's reasonable control (collectively "unavoidable delays"). Landlord agrees to use reasonable diligence to fulfill any of such obligations as soon as reasonably acceptable to Landlord, Landlord agreeing that practicable after the attorneys for abatement of the insurance company providing Tenant’s insurance are acceptablerelevant unavoidable delay.
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither 14.01 Tenant agrees to defend, indemnify and hold harmless the Landlord nor against and from any agent or employee of Landlord shall be liable to Tenant for any injury or and all loss, cost, liability, damage to Tenant or to any other person or for any damage and expense, including but not limited to, penalties, fines, court costs, disbursements and attorney's fees incurred in connection with or loss arising from any cause in, on or about the premises, either present or future, including, but not limited to: (i) any failure by theft Tenant to observe or otherwise) of, perform any property of Tenant or of any other person, irrespective of the cause obligations under this Lease; (ii) the use or occupancy or manner of such injury, damage use or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use occupancy of the Demised Premises for the purpose herein permitted, will be brought upon and adjacent areas by Tenant or be kept in the Demised Premises.
21.02 A. any person or entity claiming through or under Tenant shall indemnify and save harmless Landlord and its agents against and from (iiii) any and all claims (x) arising from (A) the conduct condition design or management construction of the Demised Premises or of the Building or any business therein, occurrence or happening in or on the Demised Premises from any cause; or (Biv) any work donenegligence, omission or misconduct whether prior to, during or after the Term of this Lease of Tenant or any condition created (other than by Landlord for Landlord’s person or Tenant’s account) entity claiming through or under Tenant or any contractor, agent, employee, invitee or licensee of Tenant in or about the Demised Premises during or the term of this Lease Building; and (v) any maintenance, repairs, replacements, additions, alternations, substitutions and installments made by or during the period of time, if any, prior to the Commencement Date that for Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if Premises and the claims described in (x) or (y) above arise out of the concurrent negligence of Landlord, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereonBuilding. In case any action or proceeding be is brought against the Bank by reason of any such claim , tenant upon written notice from the Bank shall at Tenant's expense resist or defend such action or proceeding by reputable, competent counsel with respect to whom the Bank has no reasonable or just cause to request replacement. Tenant agrees that the obligation assumed herein shall survive the termination or earlier expiration of this Lease.
14.02 The Landlord shall defend indemnify and hold harmless Tenant its directors, officers, employees, agents, subsidiaries and affiliates against and from all losses, liabilities, obligation, damages, penalties, claims, costs, charges and expenses, including reasonable attorney's fees, which may be imposed upon or incurred by or asserted against Tenant and/or its directors, officers and subsidiaries by reason of any action or cause occurring in the Building, the Real Property or the Demised Premises by the negligent act, omission or willful misconduct of the Landlord, its agents, employees, contractors, tenants or licensees acting on behalf of Landlord. In case any action or proceeding is brought against Tenant's by reason of any such claim, the Landlord, upon written notice from Tenant, upon notice from shall at the Landlord, shall 's expense resist and or defend such action or proceeding by attorneys reasonably acceptable reputable, competent counsel with respect to whom Tenant has no reasonable or just cause to request replacement. The Landlord agrees that the obligation assumed herein shall survive the termination or earlier expiration of this Lease.
14.03 The Landlord or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless any of the foregoing shall be caused by or due to the gross negligence of the Landlord, its agents, servants or employees.
14.04 Tenant shall reimburse the Landlord agreeing that for all expenses, damages or fines incurred or suffered by the attorneys Landlord and for which the Landlord has not been and will not be reimbursed by insurance company providing Tenant’s insurance are acceptableby reason of any breach, violation or nonperformance by Tenant or its agents, servants or employees, of any covenant or provision of this Lease or by reason of damage to persons or property caused by moving property of or for Tenant in or out of the Building, or by the installation or removal of furniture or other property of or for Tenant or by reason of or arising out of the carelessness, negligence or improper conduct of Tenant or its agents, servants or employees in the use or occupancy of the Demised Premises.
14.05 Tenant shall give Landlord notice in case of fire or accident in the Demised Premises promptly after Tenant is aware of such event.
Appears in 1 contract
Sources: Asset Purchase and Account Assumption Agreement (Usb Holding Co Inc)
Non Liability and Indemnification. 21.01 a. Neither Landlord Owner nor any agent or employee of Landlord Owner shall be liable to Tenant for any injury or damage to Tenant or to of any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the gross negligence of Owner, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant (and only to the extent of Owner's interest in the building), it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises demised premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. b. Tenant shall indemnify and save harmless Landlord Owner and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord Owner for Landlord’s Owner's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date commencement date of the term of this Lease that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants subtenants, occupants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Landlord Owner by reason of any such claim, Tenant, upon notice from LandlordOwner, shall resist and defend such action or proceeding proceeding.
c. This Lease and the obligations of Tenant hereunder shall be in no way affected, impaired or excused because Owner is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by attorneys reasonably acceptable to Landlordreason of strike, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptableother labor trouble, governmental preemption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Owner's reasonable control.
Appears in 1 contract
Sources: Office Lease (Ijc Ventures Corp)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall exonerate and indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (x) arising from (Ai) the conduct or management of the Demised Premises or the conduct of any business therein, in the Premises by or on behalf of Tenant or (Bii) any work or thing whatsoever done, or any condition created (other than by Landlord , its employees or contractors for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yiii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants subtenants, occupants or licensees or its or their employees, agents or contractors even if within the claims described in (x) Premises, or (yiv) above arise out the use or occupancy of the concurrent negligence Premises or any area of Landlordthe Building to which this Lease applies as if it were part of the Premises (e.g., the Roof top Facilities) by Tenant or any of its subtenants, occupants or licensees or its or their employees, agents or contractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereonthereon (however, in the case of any claim by Landlord against Tenant, only if Landlord prevails). In case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall resist and defend such action or proceeding by attorneys reasonably acceptable to legal counsel approved by Landlord.
B. Landlord shall indemnify and save harmless Tenant and its agents against and from (a) any and all claims arising from any negligent or otherwise wrongful act or omission of Landlord or any of its employees, agents or contractors which occurs in any of the common areas of the Building, and (b) all costs, expenses and liabilities incurred in or in connection with each such claim (however, in the case of any claim by Tenant against Landlord, Landlord agreeing that the attorneys for the insurance company providing only if Tenant prevails). In case of any such claim, Landlord, upon notice from Tenant, shall resist and defend such action or proceeding by legal counsel approved by Tenant.
Section 20.02 All of Tenant’s insurance are acceptableProperty, Tenant Improvements, and all of the furnishings, fixtures, equipment, effects and property of every kind, nature and description of Tenant and of all persons claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises, shall be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord (except to the extent of Landlord’s gross negligence or wilful misconduct, such disclaimer may be prohibited by law).
Appears in 1 contract
Sources: Lease Agreement (Carbonite Inc)
Non Liability and Indemnification. 21.01 Neither Except as otherwise provided in this lease, neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence or willful misconduct of Landlord, its agents or employees occurring within the scope of their respective employments, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. (a) Except to the extent of the negligence or willful misconduct of Landlord, or its employees, agents or contractors and subject to the provisions of Section 11.03, Tenant shall indemnify and save harmless Landlord and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yC) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding.
(b) Except to the extent of negligence or willful misconduct of Tenant, or its employees, agents or contractors, and subject to the provisions of Section 11.03, Landlord shall indemnify and save harmless Tenant and its agents against and from (i) any and all claims arising from any negligent or otherwise wrongful act or omission of Landlord or any of its tenants or licensees or its or their employees, agents or contractors, (ii) any claims arising from the operation by Landlord of the lobby or other public areas of the Building, and (iii) all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Tenant by attorneys reasonably acceptable to reason of any such claim, Landlord, upon notice from Tenant, shall resist and defend such action or proceeding.
21.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord agreeing is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord's reasonable control.
(a) If any claim that is within the attorneys scope of any indemnity set forth in this lease is asserted against any indemnified party, then the indemnified party shall give prompt written notice (each, an "Indemnified Party Notice") thereof to the indemnifying party (i.e., within a time period so as not to prejudice the indemnifying party's or its insurer's ability to defend effectively any action or proceeding brought on such claim) and the indemnifying party shall have the right to defend and control the defense of any action or proceeding brought on such claim with counsel chosen by the indemnifying party subject to the approval of the indemnified party (such approval not to be unreasonably withheld) or by the indemnifying party's insurance company. If the indemnifying party shall defend any such action or proceeding, then
(i) the indemnified party shall cooperate with the indemnifying party (or its insurer) in the defense of any such action or proceeding in such manner as the indemnifying party (or its insurer) may from time to time reasonably request and the indemnifying party shall not be liable for the insurance company providing Tenant’s insurance are acceptablecosts of any separate counsel employed by the indemnified party,
(ii) the indemnifying party shall not be liable for any settlement made without the indemnifying party's consent,
(iii) if such action or proceeding can be settled by the payment of money by the indemnifying party and without the need to admit liability on the indemnified party's part, then the indemnifying party shall have the right to settle such action or proceeding without the indemnified party's consent and the indemnifying party shall have no obligation under the applicable indemnity set forth in this lease with respect to such action or proceeding or other actions or proceedings involving the same or related facts if the indemnified party refuses to agree to such a settlement, and
(iv) if such action or proceeding cannot be settled merely by the payment of money by the indemnifying party and without the need to admit liability on the indemnified party's part, then the indemnifying party shall not settle such action or proceeding without the indemnified party's consent (which consent shall not be unreasonably withheld, conditioned or delayed).
(b) If an indemnifying party shall, in good faith, believe that a claim set forth in an Indemnified Party Notice is or may not be within the scope of the indemnifying party's indemnity set forth in this lease then, pending determination of that question, the indemnifying party shall not be deemed to be in default under this lease by reason of its failure or refusal to indemnify and hold harmless any indemnified party therefrom or to pay such costs, expenses and liabilities, but if it shall be finally determined by a court of competent jurisdiction or by arbitration in accordance with Article 34 that such claim was within the scope of such indemnifying party's indemnity set forth 69 in this lease then such indemnifying party shall be liable for any judgment or reasonable settlement or any reasonable legal fees incurred by the party entitled to indemnification hereunder.
21.05 Notwithstanding any provision of this lease to the contrary, in no event shall Landlord or Tenant be liable to the other for consequential damages.
21.06 The provisions of this Article 21 shall survive the expiration or earlier termination of this lease.
Appears in 1 contract
Sources: Lease Agreement (Ivillage Inc)
Non Liability and Indemnification. 21.01 21.1 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon unless caused by or kept in the Demised Premises as an incident due to the reasonable use negligence of Landlord, its agents or employees, with or without contributory negligence on the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premisespart of Tenant.
21.02 A. 21.2 Tenant shall indemnify and indemnify, save harmless and defend Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct use or management occupancy of the Demised Premises or of any business thereinPremises, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding proceeding.
21.3 Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no way affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by attorneys reasonably acceptable to reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, or other like cause beyond Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable's reasonable control.
Appears in 1 contract
Sources: Lease (Merit Behavioral Care Corp)
Non Liability and Indemnification. 21.01 20.1 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the willful acts or gross negligence of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. 20.2 Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management by Tenant of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease Term or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents agents, visitors, invitees or contractors even if the claims described in (x) or (y) above arise out subcontractors of the concurrent negligence of Landlordany tier, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding at Tenant's expense by attorneys counsel reasonably acceptable satisfactory to Landlord, without any disclaimer of liability in connection with such claim.
20.3 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptableis unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental preemption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other cause beyond Landlord's reasonable control.
Appears in 1 contract
Non Liability and Indemnification. 21.01 (a) Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) ofotherwise)of, any property of Tenant or of any other person, irrespective of the cause of such injuryinjury or damage, damage or lossloss caused by or due to the negligence of Landlord, its agents or employees occuring within the scope of their respective employment, without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises Premised as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. (b) Tenant shall indemnify and save harmless Landlord and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees licenses or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding by attorneys with counsel reasonably acceptable to Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable.
Appears in 1 contract
Non Liability and Indemnification. 21.01 19.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence of Landlord, its agents, contractors or employees occurring within the scope of their respective employments, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. 19.02 Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims claims, costs or expenses (xincluding, but not limited to reasonable counsel fees) (i) arising from (Ax) the conduct or management of operations conducted in the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) Tenant in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Term Commencement Date that Tenant may have been given access to any portion of the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 from time to time, pay all of Landlord, shall 's reasonable costs and expenses incurred to resist and defend such action or proceeding. In no event shall Tenant be obligated to indemnify and hold Landlord harmless from any damage, liability, cost or expense, which is determined to have been caused by the negligence, wrongful act or omission of Landlord or its employees, agents or contractors.
19.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord's reasonable control, and Tenant shall have no right of offset against any fixed rent or additional rent due hereunder for any reason whatsoever.
19.04 Landlord shall indemnify and save harmless Tenant and its agents against and from (a) any and all claims, costs or expenses (including, but not limited to reasonable counsel fees) (i) arising from (x) the conduct or operations conducted in the Common Areas, or (y) any work or thing whatsoever done, or any condition created in or about the Common Areas, or (ii) arising from any negligent or otherwise wrongful act or omission of Landlord or any of its subtenants or licensees or its or their employees, agents or contractors, and (b) all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Tenant by attorneys reasonably acceptable to reason of any such claim, Landlord, upon notice from Tenant shall from time to time, pay all of Tenant's reasonable costs and expenses incurred to resist and defend such action or proceeding. In no event shall Landlord agreeing that be obligated to indemnify and hold Tenant harmless from any damage, liability, cost or expense, which is determined to have been caused by the attorneys for the insurance company providing Tenant’s insurance are acceptablenegligent, wrongful act or omission of Tenant or its employees, agents or contractors.
Appears in 1 contract
Sources: Lease (Novadigm Inc)
Non Liability and Indemnification. 21.01 20.01. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage damage, or loss, it being understood that no property, other than such as might normally be brought upon unless caused by or kept in the Demised Premises as an incident due to the reasonable use negligence or willful misconduct of Landlord, its agents, or employees without contributory negligence on the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premisespart of Tenant.
21.02 A. 20.02. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants subtenants, invitees or licensees or its or their employees, agents agents, or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses expenses, and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding.
20.03. Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel supplies or labor resulting therefrom, or other like cause beyond Landlord's reasonable control.
20.04. Landlord shall indemnify and save harmless Tenant and its agents against and from (a) any and all claims (i) arising from (x) the conduct or management of the Building by Landlord and/or its agents or (y) any work or thing whatsoever done, or any condition created (other than by Tenant for Landlord's or Tenant's account) in or about the Building caused by Landlord or its agents during the term of this Lease, or (ii) arising from any negligent or otherwise wrongful act or omission of Landlord or any of its employees, agents, or contractors, and (b) all costs, expenses, and liabilities incurred in or in connection with each such claim or action described in (a) above or proceeding brought thereon. In the event any action or proceeding is brought against Tenant, by attorneys reasonably acceptable to Landlordreason of any such claim, Landlord agreeing that the attorneys for the insurance company providing upon notice from Tenant’s insurance are acceptable, shall resist and defend such action or proceeding.
Appears in 1 contract
Non Liability and Indemnification. 21.01 20.01. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage damage, or loss, it being understood that no property, other than such as might normally be brought upon unless caused by or kept in the Demised Premises as an incident due to the reasonable use negligence of the Demised Premises for the purpose herein permittedLandlord, will be brought upon its agents, or be kept in the Demised Premisesemployees.
21.02 A. 20.02. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management by Tenant, the Tenant Parties (as hereinafter defined) and their respective contractors, of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants subtenants, invitees or licensees or its or their employees, agents agents, or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses expenses, and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding.
20.03. Except as otherwise expressly provided in this Lease, this Lease and the respective obligations of Landlord and Tenant hereunder (other than Tenant's obligation to pay rent) shall be in no way affected, impaired or excused because the other party is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel supplies or labor resulting therefrom, or other like cause beyond such party's reasonable control.
20.04. Landlord shall indemnify and save harmless Tenant, its shareholders, officers, employees, agents, and/or directors (collectively "Tenant Parties") against and from (a) any and all claims arising from any negligent or otherwise wrongful act or omission of Landlord or any of its subtenants, invitees or licensees or its or their employees, agents, or contractors, and any default under the terms of this Lease by Landlord following Tenant's giving of written notice to Landlord of such default and affording Landlord a reasonable opportunity in which to cure the same; and (b) all costs, expenses, and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Tenant by attorneys reasonably acceptable to reason of any such claim, Landlord, Landlord agreeing that the attorneys for the insurance company providing upon notice from Tenant’s insurance are acceptable, shall resist and defend such action or proceeding with counsel approved by Tenant, which approval shall not be unreasonably withheld.
Appears in 1 contract
Sources: Lease Agreement (Globespan Inc/De)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlord, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding by attorneys reasonably acceptable to Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable.
21.03 Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord’s reasonable control (hereinafter referred to as “Unavoidable Delays”).
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. (a) Tenant shall indemnify and save harmless Landlord and its members. employees, officers, directors, agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlord, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including, without limitation, reasonable attorneys' fees and expenses. In case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall resist and defend such action or proceeding by attorneys reasonably acceptable to Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s 's insurance are acceptable.
(b) Landlord shall indemnify and save harmless Tenant and its partners, directors, officers, employees and agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Building (other than the Demised Premises) or of any business therein, or (B) any work or thing whatsoever done, or any condition created (other than by Tenant) in or about the Building (other than the Demised Premises) during the term of this lease, or (y) arising from any negligent or otherwise wrongful act or omission of Landlord or any of its tenants or licensees or its or their employees, agents or contractors if, and only if, the claims described in (x) or (y) above arise out of the sole negligence, gross negligence or willful misconduct of Landlord or its agents and employees, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including, without limitation, reasonable attorneys' fees and expenses.. In case any action or proceeding be brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant, shall resist and defend such action or proceeding by attorneys reasonably acceptable to Tenant, Tenant agreeing that the attorneys for the insurance company providing Landlord's insurance are acceptable.
21.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord's reasonable control.
Appears in 1 contract
Sources: Lease (Promotions Com Inc)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause 62 66 of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon unless caused by or kept in the Demised Premises as an incident due to the reasonable use negligence of Landlord, its agents or employees occurring within the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premisesscope of their respective employments.
21.02 A. (a) Subject to the provisions of Section 11.03, Tenant shall indemnify and save harmless Landlord and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yC) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding.
(b) Subject to the provisions of Section 11.03, Landlord shall indemnify and save harmless Tenant and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Building (other than the Demised Premises) or of any business therein including, without limitation, Landlord's obligations pursuant to Section 10.01(a), or (B) any work or thing whatsoever done, or any condition created (other than by Tenant) in or about the Building (other than the Demised Premises) during the term of this lease, or (y) arising from any negligent or otherwise wrongful act or omission of Landlord or any of its tenants or licensees or its or their employees, agents or contractors, and (ii) all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Tenant by attorneys reasonably acceptable to reason of any such claim, Landlord, upon notice from Tenant, shall resist and defend such action or proceeding.
21.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptableis unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord's reasonable control.
Appears in 1 contract
Sources: Lease Agreement (Bolt Inc)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. 20.01 Tenant shall defend, indemnify and save harmless Landlord and its agents and employees against and from (i) any and all claims (x) arising from (A) the conduct liabilities, obligations, damages, penalties, claims, costs charges and expenses, including reasonable attorneys' fees, which may be imposed upon, incurred by or management asserted against, Landlord and/or its agents or employees by reason of any act, occurrence or omission within, or pertaining to, the Demised Premises or of any the business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises conducted therein during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlord, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereonTerm. In case any action or proceeding be is brought against Landlord by reason of any such claim, Tenant, Tenant upon written notice from Landlord, Landlord shall at Tenant's expense resist and or defend such action or proceeding by attorneys reputable, competent counsel reasonably acceptable to approved by Landlord, and Landlord agreeing that shall have the attorneys right to direct the defense of such action or proceeding.
20.02 Landlord shall defend, indemnify and save harmless Tenant and its agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon, incurred by or asserted against, Tenant and/or its agents or employees, by reason of any act, occurrence or omission within, or pertaining to, the Building other than the Demised Premises. In case any action or proceeding is brought against Tenant by reason of any such claim, Landlord upon written notice from Tenant shall, at Landlord's expense, resist or defend such action or proceeding by reputable, competent counsel reasonably approved by Landlord.
20.03 Landlord (and its members, managers, beneficial owners, employees and agents) shall have no personal liability with respect to this Lease. Tenant agrees to look solely to the interest of Landlord in the Building, including the rents and sales and insurance proceeds therefrom, and shall have no recourse to any other asset of Landlord for the insurance company providing enforcement of any obligation or the satisfaction of any liability to Tenant arising under this Lease, the relationship of the parties, or any other liability or obligation of Landlord to Tenant’s insurance are acceptable.
20.04 Tenant waives any claim for damages against Landlord based on the assertion that Landlord has unreasonably withheld or unreasonably delayed any consent or approval, and Tenant agrees that its sole remedy shall be an action to enforce any provision relating to such consent or approval or for specific performance or declaratory judgment. This waiver shall not apply to post judgment damages resulting from Landlord's refusal to comply with any judicial determination.
Appears in 1 contract
Non Liability and Indemnification. 21.01 20.01. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage damage, or loss, it being understood that no property, other than such as might normally be brought upon unless caused by or kept in the Demised Premises as an incident due to the reasonable use negligence of Landlord, its agents, or employees without contributory negligence on the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premisespart of Tenant.
21.02 A. 20.2. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants subtenants, invitees or licensees or its or their employees, agents agents, or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses expenses, and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding proceeding.
20.3. Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by attorneys reasonably acceptable to reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel supplies or labor resulting therefrom, or other like cause beyond Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable's reasonable control.
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence, wrongful act or wrongful omission of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employeesemployees occurring within the scope of their respective employments, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities (including reasonable attorneys fees) incurred in or in connection with each such claim or 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, Tenant shall resist and defend such action or proceeding proceeding.
21.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by attorneys reasonably acceptable to reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptablereasonable control.
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding proceeding.
21.03 Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no ways affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by attorneys reasonably acceptable to reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable's reasonable control.
Appears in 1 contract
Sources: Lease (Aveta Inc)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by the wrongful act or due to the negligence of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding proceeding. Notwithstanding the foregoing, nothing herein contained shall require Tenant to indemnify Landlord against any claims based upon any accident, injury or damage on or about the Demised Premises, arising out of the negligence or willful act of Landlord or any agent of Landlord.
21.03 Except as provided in Section 3.01 and as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by attorneys reasonably acceptable to reason of strike, other labor trouble, governmental preemption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable's reasonable control.
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. 20.01. Tenant shall defend, indemnify and save harmless Landlord and its agents and employees against and from (i) any and all claims (x) arising from (A) the conduct liabilities, obligations, damages, penalties, claims, costs charges and expenses, including reasonable attorneys’ fees, which may be imposed upon, incurred by or management asserted against, Landlord and/or its agents or employees by reason of any act, occurrence or omission within, or pertaining to, the Demised Premises or of any the business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises conducted therein during the term of this Lease Term, except if caused by the negligent act, negligent omission or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence willful misconduct of Landlord, and (ii) all reasonable costsits agents, expenses and liabilities incurred in employees contractors and/or licensees or in connection with each such claim or action or proceeding brought thereonby reason of Landlord’s breach of this Lease. In case any action or proceeding be is brought against Landlord by reason of any such claim, Tenant, Tenant upon written notice from Landlord, Landlord shall at Tenant’s expense resist and or defend such action or proceeding by attorneys reputable, competent counsel reasonably acceptable to approved by Landlord, and Landlord agreeing that shall have the attorneys right to direct the defense of such action or proceeding.
20.02. Landlord shall defend, indemnify and save harmless Tenant and its agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys’ fees, which may be imposed upon, incurred by or asserted against, Tenant and/or its agents or employees, by reason of any act, occurrence or omission within, or pertaining to, the Building other than the Demised Premises, except if caused by the negligent act, negligent omission or willful misconduct of Tenant its agents, employees, contractors and/or licensees or by reason of Tenant’s breach of this Lease. In case any action or proceeding is brought against Tenant by reason of any such claim, Landlord upon written notice from Tenant shall at Landlord’s expense resist or defend such action or proceeding by reputable, competent counsel reasonably approved by Tenant, and Tenant shall have the right to direct the defense of such action or proceeding.
20.03. Landlord (and its members, managers, beneficial owners, employees and agents) shall have no personal liability with respect to this Lease. Tenant agrees to look solely to the interest of Landlord in the Building, and shall have no recourse to any other asset of Landlord for the insurance company providing enforcement of any obligation or the satisfaction of any liability to Tenant arising under this Lease, the relationship of the parties, or any other liability or obligation of Landlord to Tenant.
20.04. Tenant waives any claim for damages against Landlord based on the assertion that Landlord has unreasonably withheld or unreasonably delayed any consent or approval, and Tenant agrees that its sole remedy shall be an action to enforce any provision relating to such consent or approval or for specific performance or declaratory judgment. This waiver shall not apply to post judgment damages resulting from Landlord’s insurance are acceptablerefusal to comply with any judicial determination.
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant, its employees, agents, contractors and licensees, and Tenant shall hold Landlord harmless for any injury or damage occurring on or about the Demised Premises during the term of this Lease to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or and/or of any other person, irrespective of the cause of such injury, damage or loss, unless (with respect to personal injury only) such injury was caused by or due to the negligence of Landlord, its agents or employees without contributory negligence on the part of Tenant; it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose purposes herein permitted, will be brought upon or be kept in the Demised Premises. Landlord shall not be liable in any event for loss of, or damage to, any property entrusted to any of Landlord's employees or agents by Tenant without Landlord's specific written consent.
21.02 A. Landlord and Tenant shall defend, indemnify and save each other harmless Landlord and its their respective agents and employees against and from (i) all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable architects' and attorneys' fees, which may be imposed upon or incurred by or asserted against such other party and/or its agents or employees by reason of any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises following occurring during the term of this Lease Lease, or during the any period of time, if any, time prior to the Commencement Date that Tenant may have been given access to or possession of all or any part of the Demised PremisesPremises pursuant to Section 3.03:
(a) Any work or thing done in or about the Demised Premises or any part thereof by or at the instance of the indemnifying party, its agents, contractors, subcontractors, servants, employees, licensees or invitees;
(yb) arising from any negligent negligence or otherwise wrongful act or omission on the part of Tenant the indemnifying party or any of its subtenants or agents, contractors, subcontractors, servants, employees, subtenants, licensees or its invitees;
(c) any accident, injury or their employeesdamage to any person or property occurring in, agents on or contractors even if about (1) the claims described in Demised Premises or any part thereof (xwith regard to Tenant) or (y2) above arise out the Common Areas (with regard to Landlord);
(d) any failure on the part of the concurrent negligence indemnifying party to perform or comply with any of Landlordthe covenants, and (ii) all reasonable costsagreements, expenses and liabilities incurred terms, provisions, conditions or limitations contained in this Lease on its part to be performed or in connection with each such claim or action or proceeding brought thereoncomplied with. In case any action or proceeding be is brought against Landlord the party to be indemnified by reason of any such claim, Tenant, the indemnifying party upon written notice from Landlordthe other, shall at the indemnifying party's expense resist and or defend such action or proceeding by attorneys reasonably counsel approved by the other party in writing, which approval such other party shall not unreasonably withhold.
21.03 Whenever either party shall be obligated under the terms of this Lease to indemnify the other party, the indemnifying party may select legal counsel (subject to the consent of the indemnified party, which consent shall not be unreasonably withheld) and shall keep the indemnified party fully apprised at all times of the status of such defense. Legal counsel of the insurer for either party is hereby deemed satisfactory to both parties.
21.04 Except as otherwise expressly provided herein, this Lease and the obligations of Tenant to pay rent hereunder and perform all of the other covenants, agreements, terms, provisions and conditions hereunder on the part of Tenant to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is delayed in supplying any service, express or implied, to be supplied or is unable to make or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of any cause whatsoever beyond Landlord's reasonable control, including, but not limited to, Acts of God, strikes, labor troubles, governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the conditions of supply and demand which have been or are affected by war, hostilities or other similar emergency; provided that Landlord shall in each instance exercise reasonable diligence to effect performance when and as soon as possible.
21.05 Notwithstanding any contrary provisions of this Lease whatsoever, including, without limitation, those pertaining to use and Permitted Use, Tenant shall not use, or permit the use of the Demised Premises, the Building or the complex so as to create or result in, directly or indirectly, (a) any sudden or gradual spill, leak, discharge, escape, seepage, infiltration, abandonment, dumping, disposal or storage (except in compliance with applicable laws) of any hazardous or industrial waste, substance or contamination, effluent, sewage, pollution or other detrimental or deleterious material or substance (including without limitation asbestos), or the disposal, storage or abandonment on the Complex of any material, tank or container holding or contaminated by any of the foregoing residues thereof, or the installation of any material or product containing or composed of any of the foregoing, in, on, from, under or above the Complex (the foregoing occurrences being hereinafter collectively called "Environmental Hazard"), or (b) any violation, or state of facts or condition which would result in a violation, of any Federal, State or local statute, law, code, rule, regulation or order applicable to any Environmental Hazard (the foregoing being hereinafter collectively call "Legal Violation"). In the event of the violation of the foregoing by Tenant, in addition to all other rights and remedies of Landlord under this Lease, regardless of when the existence of the Environmental Hazard or Legal Violation is determined, and whether during the Term or after the Expiration Date, (1) Tenant shall, immediately upon notice from Landlord, at Tenant's sole cost and expense, at Landlord's option, either (x) take all action necessary to test, identify and monitor the Environmental Hazard and to remove the Environmental Hazard from the Complex and dispose of the same and restore the Complex to the condition existing prior to such removal, and/or to remedy any Legal Violation, all in accordance with applicable Federal, State and local statutes, laws, codes, rules, regulations or orders or (y) reimburse Landlord for all costs and expenses incurred by Landlord for engineering or environmental consultant or laboratory services, in testing, investigating, identifying and monitoring the Environmental Hazard and in removing and disposing of the Environmental Hazard and in restoring the Complex, and/or in remedying any Legal Violation, and (ii) Tenant shall, and hereby does agree to defend with legal counsel acceptable to Landlord, indemnify and save harmless Landlord agreeing and Others in Interest against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including architects' and attorneys' fees and disbursements which may be imposed upon or incurred by or asserted against Landlord and Others in Interest, whether by any governmental authority, Tenant or other third party, by reason of any violation or alleged violation of any of the foregoing provisions of this Section. Notwithstanding the foregoing, Tenant shall have no responsibility nor liability to Landlord on account of any Environmental Hazard or Legal Violation relating to those portions of the Complex or the Building outside of the Demised Premises unless same (i) was caused, directly or indirectly, by Tenant or its employees, agents, licensees or invitees or (ii) resulted, directly or indirectly from conditions within the Demised Premises. Landlord hereby warrants and represents to Tenant that Landlord has not received any written notice of (i) any Legal Violation with respect to the attorneys for Building or the insurance company providing Tenant’s insurance are acceptableDemised Premises, or (i) the existence of any Environmental Hazard at the Building or the Demised Premises.
Appears in 1 contract
Sources: Lease (At Plan Inc)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent (a) Unless caused by Landlord’s gross negligence or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage tointentional misconduct, or loss (by theft that of Landlord’s employees, agents or otherwise) ofcontractors, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall indemnify and save hold harmless Landlord and its agents from and against and from (i) any and all claims (x) for damage to the person or property of anyone or any entity arising from (A) the conduct or management Tenant’s negligent use of the Demised Premises or of any business thereinPremises, or (B) from any work done, negligence or any condition created (other than by Landlord for Landlord’s or Tenant’s account) intentional misconduct of Tenant in or about the Demised Premises during the term of this Lease or during the period of timeelsewhere, if anyand shall further indemnify and hold harmless Landlord from and against any and all claims, prior to the Commencement Date that Tenant may have been given access to the Demised Premisescosts, or (y) and expenses 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 other negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their Tenant’s agents, contractors, employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordinvitees, and (ii) from and against all costs, reasonable costsattorney’s fees, expenses and liabilities incurred by Landlord as the result of any such use, breach, default, misconduct or negligence, and in dealing reasonably therewith, including, but not limited to, the defense or in connection with each such pursuit of any claim or any action or proceeding brought thereon. In involved therein; and in case any action or proceeding be brought against Landlord by reason of any such claimmatter, Tenant, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be so indemnified. This indemnity shall expressly survive expiration or termination of this Lease. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property of Tenant or injury to person, in, upon, or about the Premises arising from any cause, except for the negligence or intentional misconduct of Landlord, its agents, employees and contractors, and Tenant hereby waives all claims in respect thereof against Landlord.
(b) Unless caused by Tenant’s gross negligence or intentional misconduct, or that of Tenant’s agents, employees, or contractors, Landlord shall resist indemnify and defend hold harmless Tenant and its agents from and against any and all claims for damage to the person or property of anyone or any entity arising from Landlord’s negligent operation of the Building, or from any negligence or intentional misconduct of Landlord in or about the Building, and shall further indemnify and hold harmless Tenant from and against any and all claims, costs, and expenses arising from any breach or default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease, or arising from any other negligent act or omission of Landlord or any of Landlord’s agents, contractors or employees, and from and against all costs, reasonable attorney’s fees, expenses and liabilities incurred by Tenant as the result of any such use, breach, default, misconduct, or negligence, and in dealing reasonably therewith, including, but not limited to, the defense or pursuit of any claim or any action or proceeding involved therein; and in case any action or proceeding be brought against Tenant by attorneys reasonably acceptable to Landlordreason of any such matter, Landlord agreeing that upon notice from Tenant shall defend the attorneys for the insurance company providing Tenantsame at Landlord’s insurance are acceptableexpense by counsel reasonably satisfactory to Tenant and Tenant shall cooperate with Landlord in such defense.
Appears in 1 contract
Sources: Lease Agreement (Verona Pharma PLC)
Non Liability and Indemnification. 21.01 Neither Tenant agrees to defend, indemnify and hold harmless the Landlord nor against and from any agent or employee of Landlord shall be liable to Tenant for any injury or and all loss, cost, liability, damage to Tenant or to any other person or for any damage and expense, including but not limited to, penalties, fines, court costs, disbursements and attorney's fees incurred in connection with or loss arising from any cause in, on or about the premises, either present or future, including, but not limited to: (i) any failure by theft Tenant to observe or otherwise) of, perform any property of Tenant or of any other person, irrespective of the cause obligations under this Lease; (ii) the use or occupancy or manner of such injury, damage use or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use occupancy of the Demised Premises for the purpose herein permitted, will be brought upon and adjacent areas by Tenant's or be kept in the Demised Premises.
21.02 A. any person or entity claiming through or under Tenant shall indemnify and save harmless Landlord and its agents against and from (iiii) any and all claims (x) arising from (A) the conduct condition design or management construction of the Demised Premises or of the Building or any business therein, occurrence or happening in or on the Demised Premises from any cause; or (Biv) any work donenegligence, omission or misconduct whether prior to, during or after the Term of this Lease of Tenant or any condition created (other than by Landlord for Landlord’s person or Tenant’s account) entity claiming through or under Tenant or any contractor, agent, employee, invitee or licensee of Tenant in or about the Demised Premises during or the term of this Lease Building; and (v) any maintenance, repairs, replacements, additions, alternations, substitutions and installments made by or during the period of time, if any, prior to the Commencement Date that for Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if Premises and the claims described in (x) or (y) above arise out of the concurrent negligence of Landlord, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereonBuilding. In case any action or proceeding be is brought against Landlord the Bank by reason of any such claim, Tenant, tenant upon written notice from Landlord, the Bank shall at Tenant's expense resist and or defend such action or proceeding by attorneys reasonably acceptable reputable, competent counsel with respect to Landlord, Landlord agreeing whom the Bank has no reasonable or just cause to request replacement. Tenant agrees that the attorneys for obligation assumed herein shall survive the insurance company providing Tenant’s insurance are acceptabletermination or earlier expiration of this Lease.
Appears in 1 contract
Sources: Asset Purchase and Account Assumption Agreement (Usb Holding Co Inc)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the gross negligence of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the use, conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yz) Tenant’s breach of its obligations under the Lease or (ii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities (including without limitation reasonable attorneys’ fees) incurred in or in connection with each such claim or 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 resist and defend such action or proceeding proceeding.
21.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by attorneys reasonably acceptable to reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord, Landlord agreeing that the attorneys for the insurance company providing ’s reasonable control. Tenant’s insurance are acceptableobligations with respect to the making of Tenant repairs shall be subject to delays caused by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like causes beyond Tenant’s reasonable control.
Appears in 1 contract
Sources: Lease Agreement (American Realty Capital New York Recovery Reit Inc)
Non Liability and Indemnification. 21.01 20.01. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, unless caused by or due to the negligence of Landlord, its agents or employees without contributory negligence on the part of Tenant, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose purposes herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. 20.02. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding by attorneys reasonably acceptable to Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptableproceeding.
Appears in 1 contract
Sources: Lease (Barringer Technologies Inc)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises.
21.02 A. Tenant shall indemnify and save harmless Landlord and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if except to the extent that such claims described in (x) are due to the gross negligence or (y) above arise out of the concurrent negligence willful misconduct of Landlord, its agents or employees, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding by attorneys reasonably acceptable to Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s 's insurance are acceptable.
21.03 Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord's reasonable control (hereinafter referred to as "UNAVOIDABLE DELAYS").
Appears in 1 contract
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or of any other person, irrespective of the cause of such injury, damage or loss, it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premises, except to the extent caused by the intentionally wrongful act or gross negligence of Landlord, its agents or employees.
21.02 A. (a) To the extent that Landlord shall not be entitled to reimbursement from insurance proceeds and subject to the provisions of Section 11.03 above, Tenant shall indemnify and save harmless Landlord and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, (B) any default under, or breach or, any of the terms, covenants or conditions of this lease on Tenant's part to observe, perform or comply with, or (BC) any work done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised PremisesPremises or during the period of time after the expiration of the term of this lease that Tenant, or any person or entity claiming by, through or under Tenant, remains in possession or occupancy of the Demised Premises or any portion thereof, or (y) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or licensees or its or their employees, agents or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlord, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding by attorneys reasonably acceptable to Landlord, Landlord agreeing that the attorneys for the insurance company providing Tenant’s 's insurance are acceptable. In no event shall Landlord be entitled to make a claim for consequential damages under this subsection (a).
(b) To the extent that Tenant shall not be entitled to reimbursement from insurance proceeds and subject to the provisions of Section 11.03 above, Landlord shall indemnify and save harmless Tenant and its agents against and from (i) any and all claims (x) arising from (A) the conduct or management of the Building (other than the Demised Premises) or of any business therein, or (B) any work or thing whatsoever done, or any condition created (other than by Tenant) in or about the Building (other than the Demised Premises) during the term of this lease, or (y) arising from any negligent or otherwise wrongful act or omission of Landlord or any of its tenants or licensees or its or their employees, agents or contractors if, and only if, the claims described in (x) or (y) above arise out of the sole negligence, gross negligence or willful misconduct of Landlord or its agents and employees, and (ii) all reasonable costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant, shall resist and defend such action or proceeding by attorneys reasonably acceptable to Tenant, Tenant agreeing that the attorneys for the insurance company providing Landlord's insurance are acceptable. In no event shall Tenant be entitled to make a claim for consequential damages under this subsection (b).
21.03 Except as otherwise expressly provided in this lease, this lease and the obligations of Tenant hereunder shall be in no wise affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel, supplies or labor resulting therefrom, acts of God or other like cause beyond Landlord's reasonable control.
Appears in 1 contract
Sources: Lease Agreement (About Com Inc)
Non Liability and Indemnification. 21.01 Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant, its employees, agents, contractors and licensees, and Tenant shall hold Landlord harmless for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or and/or of any other person, irrespective of the cause of such injury, damage or loss, unless (with respect to personal injury only) such injury was caused by or due to the negligence of Landlord, its agents or employees without contributory negligence on the part of Tenant for which Landlord shall indemnify and hold Tenant harmless; it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose purposes herein permitted, will be brought upon or be kept in the Demised Premises. Landlord shall not be liable in any event for loss of, or damage to, any property entrusted to any of Landlord's employees or agents by Tenant without Landlord's specific written consent.
21.02 A. Tenant shall defend, indemnify and save harmless Landlord and its agents and employees against and from (i) all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable architects' and attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents by reason of any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises following occurring during the term of this Lease Lease, or during the any period of time, if any, time prior to the Commencement Date that Tenant may have been given access to or possession of all or any part of the Demised PremisesPremises pursuant to Section 3.03:
(a) Any work or thing done in or about the Demised Premises or any part thereof by or at the instance of Tenant, its agents, contractors, subcontractors, servants, employees, licensees or invitees;
(yb) arising from any negligent negligence or otherwise wrongful act or omission on the part of Tenant or any of its subtenants or agents, contractors, subcontractors, servants, employees, subtenants, licensees or its invitees;
(c) any accident, injury or their employeesdamage to any person or property occurring in, agents on or contractors even about the Demised Premises or any part thereof, except if caused by or due to the claims described in negligence of Landlord without contributory negligence on the part of Tenant;
(xd) any failure on the part of Tenant to perform or (y) above arise out comply with any of the concurrent negligence of Landlordcovenants, and (ii) all reasonable costsagreements, expenses and liabilities incurred terms, provisions, conditions or limitations contained in this Lease on its part to be performed or in connection with each such claim or action or proceeding brought thereoncomplied with. In case any action or proceeding be is brought against Landlord by reason of any such claim, Tenant, Tenant upon written notice from Landlord, shall at Tenant's expense resist and or defend such action or proceeding by attorneys reasonably acceptable counsel approved by Landlord in writing, which approval Landlord shall not unreasonably withhold.
21.03 Whenever either party shall be obligated under the terms of this Lease to Landlordindemnify the other party, the indemnifying party may select legal counsel (subject to the consent of the indemnified party, which consent shall not be unreasonably withheld) and shall keep the indemnified party fully apprised at all times of the status of such defense. Legal counsel of the insurer for either party is hereby deemed satisfactory to both parties.
21.04 Except as otherwise expressly provided herein, this Lease and the obligations of Tenant to pay rent hereunder and perform all of the other covenants, agreements, terms, provisions and conditions hereunder on the part of Tenant to be performed shall in no way be affected, impaired or excused because Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptable.is unable to fulfill any of its obligations under this Lease or is unable to supply or is delayed in supplying any service, express or implied, to be supplied or is unable to make or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of any cause whatsoever beyond
Appears in 1 contract
Non Liability and Indemnification. 21.01 21.01. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant, its employees, agents, contractors and licensees, and Tenant shall hold Landlord harmless for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant or and /or of any other person, irrespective of the cause of such injury, damage or loss, unless (with respect to personal injury only) such injury was caused by or due to the negligence of Landlord, its agents or employees without contributory negligence on the part of Tenant; it being understood that no property, other than such as might normally be brought upon or kept in the Demised Premises as an incident to the reasonable use of the Demised Premises for the purpose purposes herein permitted, permitted will be brought upon or be kept in the Demised Premises. Landlord shall not be liable in any event for loss of or damage to any property entrusted to any of Landlord's employees or agents by Tenant without Landlord's specific written consent.
21.02 A. 21.02. Tenant shall defend, indemnify and save harmless Landlord and its agents and employees against and from (i) all liabilities, obligations, damages, penalties claims, costs, charges and expenses, including reasonable architects' and attorney's fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents by reason of any and all claims (x) arising from (A) the conduct or management of the Demised Premises or of any business therein, or (B) any work done, or any condition created (other than by Landlord for Landlord’s or Tenant’s account) in or about the Demised Premises following occurring during the term of this Lease Lease, or during the any period of time, if any, time prior to the Commencement Date that Tenant may have been given access to or possession of all or any part of the Demised PremisesPremises pursuant to Section 3.03:
(a) Any work or thing done in or about the Demised Premises or any part thereof by or at the instance of Tenant, its agents, contractors, subcontractors, servants, employees, licensees or invitees:
(yb) arising from any negligent negligence or otherwise wrongful act or omission on the part of Tenant or any of its subtenants or agents, contractors, subcontractors, servants, employees, subtenants, licensees or its invitees;
(c) any accident, injury or their employeesdamage to any person or property occurring in, agents on or contractors even if about the claims described in Demised Premises or any part thereof;
(xd) any failure on the part of Tenant to perform or (y) above arise out comply with any of the concurrent negligence of Landlordcovenants, and (ii) all reasonable costsagreements, expenses and liabilities incurred terms, provisions, conditions or limitations contained in this Lease on its part to be performed or in connection with each such claim or action or proceeding brought thereoncomplied with. In case any action or proceeding be is brought against Landlord by reason of any such claim, Tenant, Tenant upon written notice from Landlord, Landlord shall at Tenant's expense resist and or defend such action or proceeding by attorneys reasonably acceptable counsel approved by Landlord in writing, which approval Landlord shall not unreasonably withhold.
21.03. Whenever either party shall be obligated under the terms of this Lease to indemnify the other party, the indemnifying party may select legal counsel (subject to the consent of the indemnified party, which consent shall not be unreasonably withheld) and shall keep the indemnified party fully apprised at all times of the status of such defense. Legal counsel of the insurer for either party is hereby deemed satisfactory to both parties.
21.04. Except as otherwise expressly provided herein, this Lease and the obligations of Tenant to pay rent hereunder and perform all of the other covenants, agreements, terms, provisions and conditions hereunder on the part of Tenant to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is delayed in supplying any service, express or implied, to be supplied or is unable to make or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of any cause whatsoever beyond Landlord's reasonable control, including, but not limited to, Acts of God, mechanical difficulties, strikes, labor troubles, governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the conditions of supply and demand which have been or are affected by war, hostilities or other similar emergency; provided that Landlord agreeing that the attorneys for the insurance company providing Tenant’s insurance are acceptableshall in each instance exercise reasonable diligence to effect performance when and as soon as possible.
Appears in 1 contract
Non Liability and Indemnification. 21.01 20.01. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, of any property of Tenant or of any other person, irrespective of the cause of such injury, damage damage, or loss, it being understood that no property, other than such as might normally be brought upon unless caused by or kept in the Demised Premises as an incident due to the reasonable use negligence of Landlord, its agents, or employees without contributory negligence on the Demised Premises for the purpose herein permitted, will be brought upon or be kept in the Demised Premisespart of Tenant.
21.02 A. 20.02. Tenant shall indemnify and save harmless Landlord and its agents against and from (ia) any and all claims (xi) arising from (Ax) the conduct or management of the Demised Premises or of any business therein, or (By) any work or thing whatsoever done, or any condition created (other than by Landlord for Landlord’s 's or Tenant’s 's account) in or about the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (yii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants subtenants, invitees or licensees or its or their employees, agents agents, or contractors even if the claims described in (x) or (y) above arise out of the concurrent negligence of Landlordcontractors, and (iib) all reasonable costs, expenses expenses, and liabilities incurred in or in connection with each such claim or 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 resist and defend such action or proceeding.
20.03. Except as otherwise expressly provided in this Lease, this Lease and the obligations of Tenant hereunder shall be in no way affected, impaired or excused because Landlord is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease by reason of strike, other labor trouble, governmental pre-emption or priorities or other controls in connection with a national or other public emergency or shortages of fuel supplies or labor resulting therefrom, or other like cause beyond Landlord's reasonable control.
20.04. Landlord shall indemnify and save harmless Tenant and its agents against and from (a) any and all claims (i) arising from (x) the conduct or management of the Building or of any business therein, or (y) any work or thing whatsoever done, or any condition created (other than by Tenant for Landlord's or Tenant's account) in or about the Building or the Demised Premises during the term of this Lease or during the period of time, if any, prior to the Commencement Date, or (ii) arising from any negligent or otherwise wrongful act or omission of Landlord or any of its subtenants, invitees or licensees or its or their employees, agents, or contractors, and (b) all costs, expenses, and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case any action or proceeding be brought against Tenant by attorneys reasonably acceptable to reason of any such claim, Landlord, Landlord agreeing that the attorneys for the insurance company providing upon notice from Tenant’s insurance are acceptable, shall resist and defend such action or proceeding.
Appears in 1 contract
Sources: Lease Agreement (I Many Inc)