Common use of Non Liability and Indemnification Clause in Contracts

Non Liability and Indemnification. 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. Neither Tenant nor any agent or employee of Tenant shall be liable to Landlord for any injury or damage to Landlord or to any property of Landlord or of any other person or damage to any other person or their property, irrespective of the cause of such injury, damage, or loss, unless caused by or due to the negligence of Tenant, its agents, or employees without contributory negligence on the part of Landlord. 20.02. Tenant shall indemnify and save harmless Landlord and its agents against and from (a) any and all claims (i) arising from (x) the conduct or management of the Demised Premises or of any business therein, or (y) 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 (ii) arising from any negligent or otherwise wrongful act or omission of Tenant 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 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 Tenant harmless and its agents, employees and invitees arising from any negligent or other wrongful act or omission of Landlord or any of its subcontractors, or agents, or employees with respect to the Building and common areas and all costs, expenses, and liabilities incurred 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.

Non Liability and Indemnification. 20.01. Neither Landlord nor Tenant nor any agent or employee of Landlord or Tenant shall be liable to Tenant the other for any injury or damage to Tenant the other or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant the other or of any other person, irrespective of the cause of such injury, damage, or loss. 20.02. Subject to Article 10, unless and except to the extent caused by or due to the negligence or willful misconduct of Landlord, its agentsemployees, or employees without contributory negligence on the part of Tenant. Neither Tenant nor any agent or employee of agents and contractors, Tenant shall be liable to Landlord for any injury or damage to Landlord or to any property of Landlord or of any other person or damage to any other person or their propertyindemnify, irrespective of the cause of such injury, damage, or loss, unless caused by or due to the negligence of Tenant, its agents, or employees without contributory negligence on the part of Landlord. 20.02. Tenant shall indemnify defend and save Landlord harmless Landlord and its agents against and from all third-party liabilities, claims, suits, fines, penalties, damages (other than indirect, consequential and punitive damages), losses, fees, costs and expenses (including reasonable attorneys’ fees) which may be imposed upon, incurred by or asserted against Landlord by reason of (a) Any work or thing done in, on or about the Demised Premises or any and all claims part thereof by or on behalf of Tenant (iother than by or through Landlord); (b) arising from (x) the conduct or management Any use, occupation, condition, operation of the Demised Premises or any part thereof; (c) Any negligence or willful misconduct on the part of any business therein, or (y) any work or thing whatsoever done, Tenant or any condition created subtenant or any employees, licenses or invitees; and (d) Any accident, injury (including death) or damage to any third party or property owned by someone other than by Landlord for Landlord's Tenant and not under the care, custody or Tenant's account) control of Tenant occurring in or about the Demised Premises during the term or any part thereof, unless caused by Landlord, its agents or employees. The provisions of this Lease Section 20.02 shall survive the expiration or during the period earlier termination of timethis Lease. 20.03. Subject to Article 10, if any, prior and except to the Commencement Date that extent caused by the negligence or willful misconduct of Tenant, its employees, agents and contractors, Landlord shall indemnify, defend and save Tenant harmless against and from all third-party liabilities, claims, suits, fines, penalties, damages (other than indirect, consequential and punitive damages), losses, fees, costs and expenses (including reasonable attorneys’ fees) which may have been given access to be imposed upon, incurred by or asserted against Tenant by reason of (a) Any work or thing done in, on or about the Demised Premises, or (ii) arising from any negligent or otherwise wrongful act or omission of Tenant Building or any part thereof by or on behalf of its subtenants, invitees or licensees or its or their employees, agents, or contractors, and Landlord; (b) all costsAny use, expensesoccupation, condition, operation of the common areas of the Building or any part thereof or of any parking lot, street, alley, sidewalk, curb, vault, passageway or space adjacent thereto or any occurrence on any of the same on the part of Landlord; (c) Any negligence or willful misconduct on the part of Landlord or any employees, agents and liabilities incurred contractors; (d) Any accident, injury (including death) or damage to any third party or property owned by someone other than Landlord and not under the care, custody or control of Landlord occurring in or in connection with each such claim about the common areas of the Building or action any part thereof or proceeding brought thereon. In case in, on or about any action street, alley, sidewalk, curb, vault, passageway or proceeding be brought against Landlord space adjacent thereto, unless caused by reason of any such claim, Tenant, upon notice from Landlord, its agents or employees. The provisions of this Section 20.03 shall resist and defend such action survive the expiration or proceedingearlier termination of this Lease. 20.0320.04. Except as otherwise expressly provided in this Lease, this Lease and the obligations of Landlord or Tenant hereunder shall be in no way affected, impaired or excused because Landlord the other party is unable to fulfill, or is delayed in fulfilling, any of its obligations under this Lease (other than any monetary obligations) 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 the other party’s reasonable control. 20.04. Landlord shall indemnify and save Tenant harmless and its agents, employees and invitees arising from any negligent or other wrongful act or omission of Landlord or any of its subcontractors, or agents, or employees with respect to the Building and common areas and all costs, expenses, and liabilities incurred 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.