Common use of COVENANT TO HOLD HARMLESS Clause in Contracts

COVENANT TO HOLD HARMLESS. Tenant agrees to indemnify, defend and hold harmless Landlord against and from any and all claims except and to the extent arising from the negligence or willful misconduct of Landlord, arising from (i) the use or occupancy of the Premises by Tenant, (ii) any activity, work, or thing done, or permitted or suffered by Tenant in or about the Premises or elsewhere in the Building, (iii) any breach or default on the part of Tenant in the performance of any covenant or agreement to be performed under the terms of this Lease, or (iv) from any act of negligence of Tenant, its agents, contractors, servants, employees, subtenants, concessionaires or licensees. If any action or proceeding is brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify, defend and hold harmless Tenant against and from any and all claims, except and to the extent arising from the negligence or willful misconduct of Tenant, arising from (i) the use or occupancy of the Common Areas by Landlord, (ii) any activity, work, or thing done, or permitted or suffered by Landlord in or about the Common Areas or elsewhere in the Building, (iii) any breach or default on the part of Landlord in the performance of any covenant or agreement to be performed under the terms of this Lease, or (iv) from any act of negligence of Landlord, its agents, contractors, servants, employees, subtenants, concessionaires or licensees. If any action or proceeding is brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant, covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

COVENANT TO HOLD HARMLESS. Tenant agrees covenants to indemnifyindemnify Landlord, defend the underlying lessor, if any, and hold their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless Landlord against and from any and all claims (except and to the extent arising for loss or damage resulting solely from the negligence or willful misconduct of Landlord, arising from (i) the use or occupancy of the Premises by Tenant, (ii) any activity, work, or thing done, or permitted or suffered Landlord and not required to be insured against by Tenant in or about the Premises or elsewhere in the Building, (iii) any breach or default on the part of Tenant in the performance of any covenant or agreement pursuant to be performed under the terms of this Lease, or (ivArticle XI) from any act of negligence of Tenant, its agents, contractors, servants, employees, subtenants, concessionaires or licensees. If any action or proceeding is brought and against Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify, defend and hold harmless Tenant against and from any and all claims, except actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to the extent property, arising from or out of any occurrence in, upon or at the negligence Leased Premises or willful misconduct 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, arising from (i) its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, 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 Shopping Center. In case Landlord or occupancy 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 Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 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 Common Areas by Landlord, (ii) provisions of this Section 11.03 or any activity, work, or thing done, or permitted or suffered by Landlord in or about the Common Areas or elsewhere in the Building, (iii) any breach or default on the part of Landlord in the performance of any covenant or agreement to be performed under the terms other provision of this Lease, including, without limitation, any defense of Landlord or (iv) from intervention by Xxxxxxxx, notwithstanding any act contrary provisions or court decisions of negligence the State. The foregoing provisions of Landlord, its agents, contractors, servants, employees, subtenants, concessionaires this Section shall survive the expiration or licenseesearlier termination of the term of this Lease. If any action or proceeding is brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant, covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.S16 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE

COVENANT TO HOLD HARMLESS. Except with respect to the gross negligence or wilful misconduct of Landlord its agents or employees (unless covered or required to be covered by Tenant's insurance), Tenant hereby indemnifies and agrees to indemnify, defend and hold harmless Landlord Landlord, its officers, directors, partners, employees and agents and any mortgagee or master lessor of the Shopping Center, from and against and from any and all claims except claims, actions, damages, liabilities, costs and to the extent arising from the negligence or willful misconduct of Landlordexpenses, arising from including attorneys' fees, that (i) arise from or are in connection with the use possession, use, occupancy, management, repair, maintenance or occupancy control of the Premises by TenantLeased Premises, or any portion thereof, or (ii) arise from or are in connection with any activitynegligent or wrongful act or omission of Tenant or Tenant's agents, workemployees, contractors, licensees or invitees, or thing done, or permitted or suffered by Tenant in or about the Premises or elsewhere in the Building, (iii) result from any breach default, breach, violation or default on the part of Tenant in the performance of any covenant or agreement to be performed under the terms nonperformance of this LeaseLease or any provision hereof by Tenant, or (iv) result from injury to person or property or loss of life sustained in the Leased Premises or outside of the Leased Premises resulting from acts or omissions within the Leased Premises. Tenant shall, at its own cost and expense, defend any act of negligence of Tenantand all actions, its agents, contractors, servants, employees, subtenants, concessionaires or licensees. If any action or proceeding is suits and proceedings which may be brought against Landlord by reason or any mortgagee or master lessor of any such claimthe Shopping Center with respect to the foregoing. Tenant shall pay, Tenant, upon notice from Landlord, covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify, defend satisfy and hold harmless Tenant against and from discharge any and all claimsjudgments, except orders and decrees which may be received against Landlord or any such mortgagee or master lessor in connection with the foregoing. In the event landlord or any other party so indemnified, shall, without fault, be made a party to the extent arising from the negligence any litigation commenced by or willful misconduct of against Tenant, arising from (i) the use or occupancy of the Common Areas by Landlord, (ii) any activity, work, if Landlord or thing done, or permitted or suffered by Landlord in or about the Common Areas or elsewhere in the Building, (iii) any breach or default on the part of Landlord in the performance of any covenant or agreement to be performed under the terms of this Lease, or (iv) from any act of negligence of Landlord, its agents, contractors, servants, employees, subtenants, concessionaires or licensees. If any action or proceeding is brought against Tenant by reason of any such claimparty shall, Landlord, upon notice from Tenant, covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.in its sole

COVENANT TO HOLD HARMLESS. Tenant agrees covenants to indemnifyindemnify Landlord, defend the underlying lessor, if any, and hold their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless Landlord against and from any and all claims (except and to the extent arising for loss or damage resulting solely from the negligence or willful misconduct of Landlord, arising from (i) the use or occupancy of the Premises by Tenant, (ii) any activity, work, or thing done, or permitted or suffered Landlord and not required to be insured against by Tenant in or about the Premises or elsewhere in the Building, (iii) any breach or default on the part of Tenant in the performance of any covenant or agreement pursuant to be performed under the terms of this Lease, or (ivArticle XI) from any act of negligence of Tenant, its agents, contractors, servants, employees, subtenants, concessionaires or licensees. If any action or proceeding is brought and against Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify, defend and hold harmless Tenant against and from any and all claims, except actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to the extent property, arising from or out of any occurrence in, upon or at the negligence Leased Premises or willful misconduct 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, arising from (i) its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, 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 Shopping Center. In case Landlord or occupancy 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 Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 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 Common Areas by Landlord, (ii) provisions of this Section 11.03 or any activity, work, or thing done, or permitted or suffered by Landlord in or about the Common Areas or elsewhere in the Building, (iii) any breach or default on the part of Landlord in the performance of any covenant or agreement to be performed under the terms other provision of this Lease, including, without limitation, any defense of Landlord or (iv) from intervention by Xxxxxxxx, notwithstanding any act contrary provisions or court decisions of negligence the State. The foregoing provisions of Landlord, its agents, contractors, servants, employees, subtenants, concessionaires this Section shall survive the expiration or licensees. If any action or proceeding is brought against Tenant by reason earlier termination of any such claim, Landlord, upon notice from Tenant, covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenantthe term of this Lease.

COVENANT TO HOLD HARMLESS. Tenant ARTICLE XXIII. Lessee indemnifies and agrees to indemnify, defend and hold save Lessor harmless Landlord against and from any and all claims except claims, liability, damages, costs and expenses of whatever nature, including but not limited to the extent reasonable attorney's and accountant's fees, and/or costs of other consultants or experts arising from the negligence or willful misconduct of Landlord, arising from (i) the use or occupancy conduct of the Premises business and/or operation by Tenant, (ii) Lessee or from any activity, work, or thing done, or permitted or suffered by Tenant in or about the Premises or elsewhere in the Building, (iii) any breach or default on the part of Tenant Lessee in the performance of or failure to perform any agreement, obligation and/or covenant or agreement to be performed under pursuant to the terms of this Lease, or (iv) from any act of negligence whether by omission or commission of TenantLessee, its agentsagent, contractorscontractor, servantsemployee, employeessublessee, subtenantsconcessionaire, concessionaires licensee or licenseesinvitee in or about the Premises or arising from or by virtue of Lessee's possession, use and/or control over the Premises or the conduct of its business in or therefrom. If In the event Lessee has insurance, Lessor shall first look to Lessee’s insurance and to the extent Lessor is able to recover entirely under Lessee’s insurance, Lessee shall have no personal liability. However, to the extent Lessee’s insurance is inadequate (for any action reason including the insurance company’s refusal to pay) to reimburse Lessor for Lessor’s damages, Lessee shall be liable for same. Except to the extent directly caused by the negligence of Lessor and/or its agents and/or resulting from Lessor or its agents failure to perform an act required of Lessor under this Lease, if any action, claim or proceeding is brought against Landlord Lessor by reason of any such claimaction, Tenantclaim or proceeding, upon notice from Landlord, Lessee covenants to defend such action action, claim or proceeding at Lessee's sole cost and expense. Lessor shall not be liable, and Lessee waives and releases all claims for damage to person or property sustained by Lessee, Lessee's employees, invitees and customers, resulting from the Premises, or any equipment or appurtenance, becoming out of repair, or resulting from any accident in or about said building or the Premises. Lessor shall have the right to choose and appoint legal counsel reasonably satisfactory to Landlordshould same become necessary as a result of the provisions hereof. Landlord Lessor indemnifies and agrees to indemnify, defend and hold Lessee harmless Tenant against and from any and all claims, except liability, damages, costs and expenses of whatsoever nature, including but not limited to, reasonable attorneys’ fees and/or costs of other consultants or experts arising from the negligent conduct of Lessor in connection with the Premises. In the event of a claim against Lessor, Lessee shall first look to Lessor’s insurance and to the extent arising from Lessee is able to recover entirely under Lessor’s insurance, Lessor shall have no personal liability. However, to the negligence or willful misconduct of Tenantextent Lessor’s insurance is inadequate to reimburse Lessee for Lessee’s damages, arising from (i) the use or occupancy Lessor shall be liable for same. Any liability of the Common Areas by Landlord, (ii) any activity, work, or thing done, or permitted or suffered by Landlord in or about the Common Areas or elsewhere Lessor shall be limited to Lessor's interest in the Building, (iii) any breach or default on the part of Landlord in the performance of any covenant or agreement to be performed under the terms of this Lease, or (iv) from any act of negligence of Landlord, its agents, contractors, servants, employees, subtenants, concessionaires or licensees. If any action or proceeding is brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant, covenants to defend such action or proceeding by counsel reasonably satisfactory to TenantPremises.