Common use of By Landlord Clause in Contracts

By Landlord. Subject to Sections 11.3 and 11.4, and otherwise to the maximum extent permitted by the Laws of the State of California, Landlord shall indemnify, hold harmless and defend Tenant and its parent, subsidiary or affiliated organizations, administrators, agents, attorneys, beneficiaries, conservators, custodians, directors, employees, executors, guardians, heirs, independent contractors, joint venturers, managers, members, officers, partners, predecessors, representatives, servants, stockholders, successors, trustees and all others acting for, under, or in concert with it, including associations, corporations, limited liability companies, and general or limited partnerships, present, and future, from and against any and all any and all actions, arbitrations, claims, costs, disbursements, debts, deficiencies, demands, expenses fees, injuries, judgments, lawsuits, legal or administrative proceedings liabilities, litigation, losses, mediation, penalties, recoveries and/or sanctions arising out of, concerning or elated in any way to the following: (i) Landlord’s use of the Land, including, without limitation, the Dairy; (ii) the conduct of Landlord’s operations or anything else done or permitted to be done by Landlord in or about the Land, including, without limitation, the Dairy; (iii) any breach or default on the performance of Landlord’s duties, obligations and responsibilities under this Lease; and (iv) any other claim for injury, damage or liability, which are caused, by reason of any act, omission, fault, or negligence, whether active or passive, of Landlord and not caused by the negligence or willful misconduct of Tenant. Tenant may participate in the defense of any claim or suit at its own cost and expense without relieving Landlord of any duties, obligations and responsibilities under this Lease.

Appears in 5 contracts

Samples: Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement

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By Landlord. Subject to Sections 11.3 and 11.4, and otherwise to the maximum extent permitted by the Laws provisions of the State of CaliforniaSection 8.6, Landlord shall indemnify, defend, protect and hold harmless and defend Tenant and its parent, subsidiary or affiliated organizations, administrators, Tenant’s agents, attorneysemployees, beneficiaries, conservators, custodiansofficers, directors, employees, executors, guardians, heirs, independent contractors, joint venturers, managers, members, officers, partners, predecessors, representatives, servants, stockholders, successors, trustees shareholders and all others acting for, under, or in concert with it, including associations, corporations, limited liability companies, and general or limited partnerships, present, and future, partners from and against any and all any and all actionsliabilities, arbitrationsobligations, damages, penalties, claims, causes of action, costs, disbursementscharges and expenses, debts, deficiencies, demands, expenses including reasonable attorneys’ fees, injuriescourt costs, judgmentsadministrative costs and costs of appeals which may be imposed upon or incurred by, lawsuitsor asserted by reason of any of the following which shall occur during the Term of this Lease, legal or administrative proceedings liabilities, litigation, losses, mediation, penalties, recoveries and/or sanctions arising out of, concerning or elated in during any way period of time prior to the following: Lease Commencement Date: (i) Landlord’s use of the Land, including, without limitation, the Dairy; (ii) the conduct of Landlord’s operations Any work or anything else act done or permitted to be done by Landlord in or about the LandPremises or the Building by Landlord or its agents, includingcontractors or employees; (ii) Any negligence or other wrongful act or omission on the part of the Landlord or any of its agents, without limitationcontractors, the Dairy; subcontractors, servants, employees, subtenants, licensees or invitees; (iii) Any accident, injury or damage to any breach persons or default property occurring in, on or about the performance of Landlord’s dutiescommon area, obligations and responsibilities under this Lease; and (iv) any other claim for injury, damage or liability, which are caused, by reason of any act, omission, fault, or negligence, whether active or passive, of Landlord and not unless caused by the negligence or willful misconduct of Tenant. Tenant may participate , its employees, contractors or agents, as well as any accident, injury or damage to any persons or property occurring in or about the defense common area, unless caused by the negligence or willful misconduct of Tenant, its employees, contractors or agents; and (iv) Any failure on the part of Landlord to perform or comply with any claim of the covenants, agreements, terms, provisions, conditions or suit at limitations contained in this Lease on its own cost and expense without relieving part to be performed or complied with as long as Landlord of any duties, obligations and responsibilities under this Leasewas given prior written notice.

Appears in 3 contracts

Samples: Lease (Penumbra Inc), Lease Agreement (Penumbra Inc), Lease (Penumbra Inc)

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