Common use of COVENANT TO HOLD HARMLESS Clause in Contracts

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys' fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the leased premises or the occupancy or use by Tenant of the leased premises or any part thereof, or arising from or out of Tenant's failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.3, the leased premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Development. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' fees in connection with relief of Tenant ordered pursuant to the Bankruptcy Code (11 USC ss. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Landlord, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease.

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys' ’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the leased premises Leased Premises or the occupancy or use by Tenant of the leased premises Leased Premises or any part thereof, or arising from or out of Tenant's ’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.311.03, the leased premises Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the DevelopmentShopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' ’ fees in connection with relief of Tenant Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC ss§ 101 et. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' ’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by LandlordXxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease.. Impossible Kicks /International Plaza/03/21/23 S16 COMMON AREA CHARGE

COVENANT TO HOLD HARMLESS. (a) Tenant covenants covenants, to the extent permitted by applicable law, to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, its partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost liability and expense, expense including attorneys' feesthe attorney's fees of counsel designated by Xxxxxx and approved by Landlord whose approval will not be unreasonably withheld, in connection with all losses, including loss of life, personal injury and/or damage to propertyproperty (except for loss or damage to the extent caused by the negligence, willful misconduct or bad faith of Landlord or its agents, officers, employees, or persons acting on Landlord's behalf) to the extent arising from or out of any occurrence in, upon or at the leased premises Leased Premises or the occupancy or use by Tenant of the leased premises Leased Premises or any part thereof, or arising from or out of Tenant's failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of omission, including negligent acts or omissions, by Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.3, the leased premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Development. In case Landlord or any other party so indemnified shall, without fault, shall be made a party to any litigation commenced by or against Tenant, or if other than an action by Tenant against Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, enforce Landlord's obligations under this Lease and which does not include claims subject to the incurring of costs, expenses, and attorneys' fees in connection with relief indemnification obligations of Tenant ordered pursuant to the Bankruptcy Code (11 USC ss. 101 et seq.)stated herein, then Tenant shall protect and hold them Landlord or any other party indemnified under this Section harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' attorney's fees incurred or paid by such party them in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Landlord, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease.

COVENANT TO HOLD HARMLESS. Tenant covenants to shall indemnify Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys' ’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of (a) any occurrence in, upon or at the leased premises or Premises, (b) the occupancy or use by Tenant of the leased premises Premises or any part thereof, or arising from or out of (c) Tenant's ’s failure to comply with any provision of this Lease or occasioned wholly or in part by Lease, (d) any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licenseeslicensees and any person or entity conducting business in the Premises, or (e) any Hazardous Materials installed or introduced into the Premises or Somerset Collection North by Tenant (or by others at Tenant’s sufferance or with Xxxxxx’s permission) in whole or in part. For the purpose of this Section 11.3hereof, the leased premises Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant. All property kept, stored or maintained in the Premises shall be so kept, stored or maintained at the risk of Tenant and the parking facilities servicing the Developmentonly. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' ’ fees in connection with relief of Tenant Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC ss§101 et. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' ’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 11.04 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by LandlordXxxxxxxx, notwithstanding any contrary provisions or court decisions of the StateState of Michigan. The foregoing provisions of this Section 11.04 shall survive the expiration or earlier termination of the term of this Lease.

COVENANT TO HOLD HARMLESS. Tenant covenants to shall indemnify Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys' ’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of (a) any occurrence in, upon or at the leased premises or Premises, (b) the occupancy or use by Tenant of the leased premises Premises or any part thereof, or arising from or out of (c) Tenant's ’s failure to comply with any provision of this Lease or occasioned wholly or in part by Lease, (d) any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licenseeslicensees and any person or entity conducting business in the Premises, or (e) any Hazardous Materials installed or introduced into the Premises or The Mall at Millenia by Tenant (or by others at Tenant’s sufferance or with Xxxxxx’s permission) in whole or in part. For the purpose of this Section 11.3hereof, the leased premises Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant. All property kept, stored or maintained in the Premises shall be so kept, stored or maintained at the risk of Tenant and the parking facilities servicing the Developmentonly. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' ’ fees in connection with relief of Tenant Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC ss§101 et. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' ’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 11.04 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by LandlordXxxxxxxx, notwithstanding any contrary provisions or court decisions of the StateState of Florida. The foregoing provisions of this Section 11.04 shall survive the expiration or earlier termination of the term of this Lease.. Impossible Kicks/The Mall at Millenia/7/28/2023 15

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys' ’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the leased premises Leased Premises or the occupancy or use by Tenant of the leased premises Leased Premises or any part thereof, or arising from or out of Tenant's ’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.311.03, the leased premises Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the DevelopmentShopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' ’ fees in connection with relief of Tenant Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC ss§ 101 et. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' ’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by LandlordXxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease.. Impossible Kicks /Xxxxxxx Center/03/22/23 S17 COMMON AREA CHARGE

COVENANT TO HOLD HARMLESS. Tenant covenants to shall indemnify Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys' ’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of (a) any occurrence in, upon or at the leased premises or Premises, (b) the occupancy or use by Tenant of the leased premises Premises or any part thereof, or arising from or out of (c) Tenant's ’s failure to comply with any provision of this Lease or occasioned wholly or in part by Lease, (d) any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licenseeslicensees and any person or entity conducting business in the Premises, or (e) any Hazardous Materials installed or introduced into the Premises or The Gardens by Tenant (or by others at Tenant’s sufferance or with Tenant’s permission) in whole or in part. For the purpose of this Section 11.3hereof, the leased premises Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant. All property kept, stored or maintained in the Premises shall be so kept, stored or maintained at the risk of Tenant and the parking facilities servicing the Developmentonly. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' ’ fees in connection with relief of Tenant Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC ss§101 et. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' ’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 11.04 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by LandlordXxxxxxxx, notwithstanding any contrary provisions or court decisions of the StateState of Florida. The foregoing provisions of this Section 11.04 shall survive the expiration or earlier termination of the term of this Lease.

COVENANT TO HOLD HARMLESS. Tenant covenants hereby indemnifies and agrees to indemnify hold harmless Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees~ agents, and save them harmless any mortgagee or master lessor of the Shopping Center and/or the Retail Development (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) herein, collectively, "Landlord's Indemnitees"), from and against any and all claims, actions, damages, liability, cost and expense, including attorneys' fees, that (i) arise from or are in connection with all lossesthe possession. use, including loss of lifeoccupancy, personal injury and/or damage to propertymanagement, arising from repair, maintenance or out of any occurrence in, upon or at the leased premises or the occupancy or use by Tenant control of the leased premises Leased Premises, or any part portion thereof, or arising (ii) arise from or out of Tenant's failure to comply are in connection with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant or Tenant's agents, its concessionaires, agentsemployees, contractors, supplierslicensees or invitees, employeesor (iii) result from any default, servantsbreach, customers violation or licensees. For the purpose nonperformance of this Section 11.3Lease or any provision hereof by Tenant, or (iv) result from injury to person or property or loss of life sustained in or about the leased premises shall include the service areas adjoining the same Leased Premises. Tenant shall, at its own cost and the loading platform area allocated to the use of Tenant expense, defend any and the parking facilities servicing the Development. In case all actions, suits and proceedings which may be brought against Landlord or any other party so indemnified of Landlord's Indemnitees with respect to the foregoing. Tenant shall pay, satisfy and discharge any and all judgments, orders and decrees which may be received against Landlord or any of Landlord's Indemnitees in connection with the foregoing. In the event Landlord or any of Landlord's Indemnitees, shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' fees in connection with relief of Tenant ordered pursuant to the Bankruptcy Code (11 USC ss. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by such party party(ies) in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Landlord, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease.SEE ATTACHED RIDER FOR INSERTS

COVENANT TO HOLD HARMLESS. Tenant covenants Except with respect to indemnify the negligence or willful misconduct of Landlord, the underlying lessorits agents or employees (unless covered or required to be covered by Tenant's insurance), if anyTenant hereby indemnifies and agrees to hold harmless Landlord, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, employees and agents and employeesany mortgagee or master lessor of the Shopping Center, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liabilityliabilities, cost costs and expenseexpenses, including attorneys' fees, that (i) arise from or are in connection with all lossesthe possession, including loss of lifeuse, personal injury and/or damage to propertyoccupancy, arising from management, repair, maintenance or out of any occurrence in, upon or at the leased premises or the occupancy or use by Tenant control of the leased premises Leased Premises, or any part portion thereof, or arising (ii) arise from or out of Tenant's failure to comply are in connection with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant or Tenant's agents, its concessionaires, agentsemployees, contractors, supplierslicensees or invitees, employeesor (iii) result from any default, servantsbreach, customers violation or licensees. For the purpose nonperformance of this Section 11.3Lease or any provision hereof by Tenant, or (iv) result from injury to person or property or loss of life sustained in or about the leased premises shall include Leased Premises. Tenant shall, at its own cost and expense, defend any and all actions, suits and proceedings which may be brought against Landlord or any mortgagee or master lessor of the service areas adjoining the same and the loading platform area allocated Shopping Center with respect to the use of foregoing. Tenant shall pay, satisfy and discharge any and all judgments, orders and decrees which may be received against Landlord or any such mortgagee or master lessor in connection with the parking facilities servicing the Developmentforegoing. In case the event Landlord or any other party so indemnified indemnified, shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' fees in connection with relief of Tenant ordered pursuant to the Bankruptcy Code (11 USC ss. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by such party party(ies) in connection with such litigation. Landlord shall have the right hereby indemnifies and agrees to engage save harmless Tenant, its own attorneys officers, directors, partners, employees and agents from and against any and all claims, actions, damages, liabilities, costs and expenses, including attorneys' fees, in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in the common areas of the provisions Shopping Center unless caused by the negligence or willful misconduct of this Section 11.3 Tenant, its agents, contractors, employees, officers, directors, partners, subtenants or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Landlord, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Leaseconcessionaires.

COVENANT TO HOLD HARMLESS. Landlord and Tenant covenants covenant to mutually indemnify Landlord, the underlying lessor, if any, and other and/or their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employeesagents, and save them the other harmless (except for loss or damage resulting solely from the negligence or willful misconduct of Landlord and not required to be insured against by Tenant pursuant to this Article XIor Tenant, their respective agents or employees, or other tenants) from and against any and all claims, actions, damages, liability, cost liability and expense, including attorneys' fees, in connection with all losses, including loss of life, personal bodily injury and/or damage to property, property arising from or out of any occurrence in, upon or at the leased premises Leased Premises or the occupancy or use by Tenant of the leased premises Leased Premises or any part thereof, or arising from or out of Tenant's failure to comply with any provision of this Lease Section 8.02B hereof, or occasioned wholly or in part by any act or omission of Landlord or Tenant, its concessionaires, their respective agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.3hereof, the leased premises Leased Premises shall include the service areas, sidewalks, or other areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Developmentwhich are under Tenant's control. In case Landlord or any other party so indemnified shall, without faultfault on its part, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' fees in connection with relief of Tenant ordered pursuant to the Bankruptcy Code (11 USC ss. 101 et seq.), then Tenant shall protect and hold them it harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by such party Landlord in connection with such litigation. In case Tenant shall, without fault on its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall have the right to engage its own protect and hold it harmless and pay all costs, expenses and reasonable attorneys fees incurred or paid by Tenant in connection with any such litigation. In the event of the provisions of this Section 11.3 or any other provision of litigation concerning this Lease, includingthe prevailing party shall be entitled to receive from the other party all costs, without limitation, any defense of Landlord or intervention by Landlord, notwithstanding any contrary provisions or court decisions of expenses and reasonable attorneys' fees that may be incurred in enforcing the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of covenants and agreements in this Lease.

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys' ’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the leased premises Leased Premises or the occupancy or use by Tenant of the leased premises Leased Premises or any part thereof, or arising from or out of Tenant's ’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.311.03, the leased premises Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the DevelopmentShopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys' ’ fees in connection with relief of Tenant Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC ss§ 101 et. 101 et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys' ’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.3 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by LandlordXxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease.. Impossible Kicks /The Mall at Green Hills/03/21/23 S16 COMMON AREA CHARGE