Common use of By Vivint Clause in Contracts

By Vivint. Except to the extent directly caused by the negligence or willful misconduct of the Company, Vivint hereby agrees to defend, pay, indemnify, and hold the Company (and its affiliates, other than Vivint and all direct and indirect subsidiaries of APX Parent Holdco, Inc.) harmless from and against any and all claims, demands, proceedings, judgments, and other liabilities of every kind, and all reasonable expenses incurred in investigation and resisting the same (including reasonable attorneys’ fees), resulting from or in connection with the loss of life, bodily or personal injury, or property damage; (a) arising out of or in relation to any use of the Premises or the Property by Vivint or the Vivint Affiliates; (b) occasioned wholly or in part through the use and occupancy of the Premises or the Property by Vivint or the Vivint Affiliates pursuant to, or in any way relating to or arising from, this Agreement or any improvements therein or appurtenances thereto; or (c) occasioned by any negligent act or omission of Vivint or the Vivint Affiliates, in or about the Premises or in other areas of the Building or the Property, including those portions of the Property owned, leased, subleased, or controlled by others.