Concurrent Negligence. Notwithstanding the provisions of Section 21.1 and Section 21.2, in the event of the concurrent negligence or intentional misconduct of Lessee, any other Lessee Party or any Lessee Indemnified Party on the one hand and the concurrent negligence or intentional misconduct of Lessor, any other Lessor Party or Lessor Indemnified Party, on the other hand, a party’s (the “Indemnifying Party”) obligation to indemnify the other as set forth in this Article XXI shall be limited to the extent of the Indemnifying Party’s negligence and/or intentional misconduct (and that of the Lessee Indemnified Parties (if Lessee is the Indemnifying Party) or the Lessor Indemnified Parties (if Lessor is the Indemnifying Party)), including the Indemnifying Party’s proportionate share of reasonable costs, attorneys’ fees, and expenses incurred in connection with any claim, action, or proceeding brought with respect to such injury or damage.
Appears in 6 contracts
Samples: Lease Agreement (Arc Logistics Partners LP), Lease Agreement (CorEnergy Infrastructure Trust, Inc.), Membership Interests Purchase Agreement (CorEnergy Infrastructure Trust, Inc.)
Concurrent Negligence. Notwithstanding the provisions of Section 21.1 and Section 21.2, in the event of the concurrent negligence or intentional misconduct of LesseeTenant, any other Lessee Tenant Party or any Lessee Tenant Indemnified Party on the one hand and the concurrent negligence or intentional misconduct of LessorLandlord, any other Lessor Landlord Party or Lessor Landlord Indemnified Party, on the other hand, the obligation of a party’s Party (the “Indemnifying Party”) obligation to indemnify the other as set forth in this Article XXI shall be limited to the extent of the Indemnifying Party’s negligence and/or or intentional misconduct (and that of the Lessee Tenant Indemnified Parties (if Lessee Tenant is the Indemnifying Party) or the Lessor Landlord Indemnified Parties (if Lessor Landlord is the Indemnifying Party)), including the Indemnifying Party’s proportionate share of reasonable costs, attorneys’ fees, and expenses incurred in connection with any claim, action, or proceeding brought with respect to such injury or damage.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Energy XXI LTD), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Lease Agreement (CorEnergy Infrastructure Trust, Inc.)
Concurrent Negligence. Notwithstanding the provisions of Section 21.1 and Section 21.2, in the event of the concurrent negligence or intentional misconduct of LesseeTenant, any other Lessee Tenant Party or any Lessee Tenant Indemnified Party on the one hand and the concurrent negligence or intentional misconduct of LessorLandlord, any other Lessor Landlord Party or Lessor Landlord Indemnified Party, on the other hand, the obligation of a party’s Party (the ““ Indemnifying PartyParty ”) obligation to indemnify the other as set forth in this Article XXI shall be limited to the extent of the Indemnifying Party’s negligence and/or or intentional misconduct (and that of the Lessee Tenant Indemnified Parties (if Lessee Tenant is the Indemnifying Party) or the Lessor Landlord Indemnified Parties (if Lessor Landlord is the Indemnifying Party)), including the Indemnifying Party’s proportionate share of reasonable costs, attorneys’ fees, and expenses incurred in connection with any claim, action, or proceeding brought with respect to such injury or damage.
Appears in 1 contract
Samples: Lease Agreement (Energy XXI LTD)