Common use of COVENANT TO HOLD HARMLESS Clause in Contracts

COVENANT TO HOLD HARMLESS. EXCEPT WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS AGENTS OR EMPLOYEES (UNLESS COVERED OR REQUIRED TO BE COVERED BY TENANT'S INSURANCE), TENANT HEREBY INDEMNIFIES AND AGREES TO HOLD HARMLESS LANDLORD, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS AND ANY MORTGAGEE OR MASTER LESSOR OF THE SHOPPING CENTER, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, THAT (I) ARISE FROM OR ARE IN CONNECTION WITH THE POSSESSION, USE, OCCUPANCY, MANAGEMENT, REPAIR, MAINTENANCE OR CONTROL OF THE LEASED PREMISES, OR ANY PORTION THEREOF, OR (II) ARISE FROM OR ARE IN CONNECTION WITH ANY ACT OR OMISSION OF TENANT OR TENANT'S AGENTS, EMPLOYEES, CONTRACTORS, LICENSEES OR INVITEES, OR (III) RESULT FROM ANY DEFAULT, BREACH, VIOLATION OR NONPERFORMANCE OF THIS LEASE 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. 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 SHOPPING CENTER 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 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 ANY LITIGATION COMMENCED BY OR AGAINST TENANT, OR IF LANDLORD OR ANY SUCH PARTY SHALL, IN ITS SOLE DISCRETION, INTERVENE IN SUCH LITIGATION TO PROTECT ITS INTEREST HEREUNDER, THEN TENANT SHALL PROTECT AND HOLD THEM HARMLESS AND SHALL PAY ALL COSTS, EXPENSES AND ATTORNEYS' FEES INCURRED OR PAID BY SUCH PARTY(IES) IN CONNECTION WITH SUCH LITIGATION. LANDLORD HEREBY INDEMNIFIES AND AGREES TO SAVE HARMLESS TENANT, ITS 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 SHOPPING CENTER UNLESS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT, ITS AGENTS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, SUBTENANTS OR CONCESSIONAIRES.

COVENANT TO HOLD HARMLESS. EXCEPT WITH RESPECT TO (a) UNLESS CAUSED BY THE NEGLIGENCE NEGLIGENT OR WILLFUL MISCONDUCT INTENTIONAL ACT OR OMISSION OF LANDLORD OR ANY AGENT, EMPLOYEE OR CONTRACTOR OF LANDLORD, ITS AGENTS OR EMPLOYEES (UNLESS COVERED OR REQUIRED TO BE COVERED BY TENANT'S INSURANCE), TENANT HEREBY INDEMNIFIES AND AGREES TO HOLD SAVE HARMLESS LANDLORD, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS AND ANY MORTGAGEE OR MASTER LESSOR OF THE SHOPPING CENTER, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT (IA) ARISE FROM OR ARE IN CONNECTION WITH THE POSSESSION, USE, OCCUPANCY, MANAGEMENT, REPAIR, MAINTENANCE OR CONTROL OF THE LEASED PREMISES, OR ANY PORTION THEREOF, OR (IIB) ARISE FROM OR ARE IN CONNECTION WITH ANY ACT OR OMISSION OF TENANT OR TENANT'S AGENTS, EMPLOYEES, CONTRACTORS, LICENSEES OR INVITEES, OR (IIIC) RESULT FROM ANY DEFAULT, BREACH, VIOLATION OR NONPERFORMANCE OF THIS LEASE OR ANY PROVISION HEREOF BY TENANT, OR (IVD) RESULT FROM INJURY TO PERSON OR PROPERTY OR LOSS OF LIFE SUSTAINED IN OR ABOUT THE 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 SHOPPING CENTER 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 SUCH MORTGAGEE OR MASTER LESSOR IN CONNECTION WITH THE FOREGOING. IN 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, INTERVENE IN SUCH LITIGATION TO PROTECT ITS INTEREST HEREUNDER, THEN TENANT SHALL PROTECT AND HOLD THEM HARMLESS AND SHALL PAY ALL COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED OR PAID BY SUCH PARTY(IES) IN CONNECTION WITH SUCH LITIGATION. LANDLORD HEREBY INDEMNIFIES AND AGREES TO SAVE HARMLESS TENANT, ITS 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 SHOPPING CENTER UNLESS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT, ITS AGENTS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, SUBTENANTS OR CONCESSIONAIRES.

COVENANT TO HOLD HARMLESS. EXCEPT WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS AGENTS OR EMPLOYEES (UNLESS COVERED OR REQUIRED TO BE COVERED BY TENANT'S INSURANCE), TENANT HEREBY INDEMNIFIES AND AGREES TO HOLD SAVE HARMLESS LANDLORD, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS AND ANY MORTGAGEE OR MASTER LESSOR OF THE SHOPPING CENTEROFFICE BUILDING, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' ’ FEES, THAT ARE THE DIRECT RESULT OF (IA) ARISE FROM OR ARE IN CONNECTION WITH THE TENANT’S POSSESSION, USE, OCCUPANCY, MANAGEMENT, REPAIR, MAINTENANCE OR CONTROL OF THE LEASED PREMISES, OR ANY PORTION THEREOF, OR (IIB) ARISE FROM ANY GROSS NEGLIGENCE OR ARE IN CONNECTION WITH ANY ACT OR OMISSION WILLFUL MISCONDUCT OF TENANT OR TENANT'S ’S AGENTS, EMPLOYEES, CONTRACTORS, LICENSEES OR INVITEES, OR (IIIC) RESULT FROM ANY DEFAULT, BREACH, VIOLATION OR NONPERFORMANCE OF THIS LEASE 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 PREMISESLEASE. 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 SHOPPING CENTER OFFICE BUILDING 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 SUCH MORTGAGEE OR MASTER LESSOR IN CONNECTION WITH THE FOREGOING. IN 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, INTERVENE IN SUCH LITIGATION TO PROTECT ITS INTEREST HEREUNDER, THEN TENANT SHALL PROTECT AND HOLD THEM HARMLESS AND SHALL PAY ALL COSTS, EXPENSES AND REASONABLE ATTORNEYS' ’ FEES INCURRED OR PAID BY SUCH PARTY(IES) IN CONNECTION WITH SUCH LITIGATION. LANDLORD HEREBY INDEMNIFIES AND AGREES TO SAVE HARMLESS TENANT, ITS 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 SHOPPING CENTER UNLESS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT, ITS AGENTS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, SUBTENANTS OR CONCESSIONAIRES.