Common use of GENERAL PUBLIC LIABILITY, INDEMNIFICATION AND INSURANCE Clause in Contracts

GENERAL PUBLIC LIABILITY, INDEMNIFICATION AND INSURANCE. (a) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees. Tenant shall be responsible for any and all liability for any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. Except for the negligence or intentional misconduct of Landlord, Xxxxxxxx’s agents, servants or employees, Tenant shall insure against, and shall indemnify Landlord and hold it harmless from, any and all liability for any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. Xxxxxx’s obligation to indemnify Landlord hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys’ fees, incurred in connection therewith. (b) Tenant shall, at all times during the Term, carry at its own expense for the protection of Tenant, Landlord, Landlord’s management agent, and Landlord’s mortgagee, as their interests may appear, one or more policies of general public liability and property damage insurance, issued by one or more insurance companies acceptable to Landlord, covering Tenant’s use, occupancy and operations providing minimum coverages of $1,000,000 combined single limit for bodily injury and property damage per occurrence with $2,000,000 aggregate coverage. Such insurance policy or policies shall name Landlord and Xxxxxxxx’s mortgagee and managing agent as additional insureds and shall provide that they may not be canceled or materially changed on less than thirty (30) days prior written notice to Landlord. Tenant shall furnish Landlord with Xxxxx form certificates evidencing such insurance. Should Tenant fail to carry such insurance and furnish Landlord with copies of all such policies or certificates thereof after a request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as Additional Rent. Landlord shall have the right during the term of this Lease to adjust the minimum coverage levels stipulated above upon written notice to Tenant. Within thirty (30) days of such written notice, Tenant shall provide Landlord with evidence of such adjustment. Tenant shall also provide Landlord with certificates evidencing workers’ compensation insurance coverages. Tenant’s insurance coverages required hereby shall be deemed to be additional obligations of Tenant and shall not be a discharge or limitation of Tenant’s indemnity obligations contained in Paragraph 12(a) hereof. (c) Except for the negligence or intentional misconduct of Tenant or Tenant’s agents, servants or employees, Landlord shall be responsible for, shall have the obligation to insure against, and shall indemnify Tenant and hold it harmless from, any and all liability for any loss, damage or injury to person or property occurring in, on or about the common areas and facilities for the Building and the walks, driveways, parking lot and landscaped areas adjacent to the Building (provided, however, nothing contained herein shall release or diminish Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses), and Landlord hereby releases Tenant from any and all liability for the same. Xxxxxxxx’s obligation to indemnify Tenant hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys’ fees, incurred in connection therewith. (d) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord and its partners, members, shareholders, affiliates, officers, agents, servants and employees shall not be liable for any damage to person, property or business or resulting from the loss of use thereof sustained by Tenant or by any other persons due to the Building or Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Building or Property, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water, or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause. Tenant agrees that all personal property located in the Premises or upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord shall not be liable for any loss or damage thereto or theft thereof.

Appears in 2 contracts

Samples: Office Lease (MBX Biosciences, Inc.), Office Lease (MBX Biosciences, Inc.)

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GENERAL PUBLIC LIABILITY, INDEMNIFICATION AND INSURANCE. (a) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees. , Tenant shall be responsible for for, shall insure against, and shall indemnify Landlord and hold it harmless from, any and all liability for for,any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. Except for the negligence or intentional misconduct of Landlord, Xxxxxxxx’s agents, servants or employees, Tenant shall insure against, and shall indemnify Landlord and hold it harmless from, any and all liability for any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. XxxxxxTenant’s obligation to indemnify Landlord hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys’ fees, incurred in connection therewith. (b) Tenant shall, at all times during the Term, carry at its own expense for the protection of Tenant, Landlord, Landlord and Landlord’s management agent, and Landlord’s mortgagee, as their interests may appear, one or more policies of general public liability and property damage insurance, issued by one or more insurance companies acceptable to Landlord, covering Tenant’s use, occupancy and operations providing minimum coverages of $1,000,000 combined single limit for bodily injury and property damage per occurrence with $2,000,000 aggregate coverage. Such insurance policy or policies shall name Landlord Landlord, its mortgagee, agents and Xxxxxxxx’s mortgagee and managing agent employees, as additional insureds and shall provide that they may not be canceled or materially changed on less than thirty (30) days prior written notice to Landlord. Tenant shall furnish Landlord with Xxxxx form certificates evidencing such insurance. In addition, with the delivery of such certificates naming the Landlord, its mortgagee, agents and employees as additional insureds, Tenant shall cause its insurer to provide the Landlord with an Xxxxx 27 form. Should Tenant fail to carry such insurance and furnish Landlord with copies of all such policies or certificates thereof after a request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as Additional Rent. Landlord shall have the right during the term of this Lease to adjust the minimum coverage levels stipulated above upon written notice to Tenant. Within thirty (30) days of such written notice, Tenant shall provide Landlord with evidence of such adjustment. Tenant shall also provide Landlord with certificates evidencing workers’ compensation insurance coverages. Tenant’s insurance coverages required hereby shall be deemed to be additional obligations of Tenant and shall not be a discharge or limitation of Tenant’s indemnity obligations contained in Paragraph 12(a) hereof. (c) Except for the negligence or intentional misconduct of Tenant or Tenant’s agents, servants or employees, Landlord shall be responsible for, shall have the obligation to insure against, and shall indemnify Tenant and hold it harmless from, any and all liability for any loss, damage or injury to person or property occurring in, on or about the common areas and facilities for the Building and the walks, driveways, parking lot and landscaped areas adjacent to the Building (Building; provided, however, nothing contained herein shall release or diminish Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses), and Landlord hereby releases Tenant from any and all liability for the same. Xxxxxxxx’s obligation to indemnify Tenant hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys’ fees, incurred in connection therewith. (d) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord and its partners, members, shareholders, affiliates, officers, agents, servants and employees shall not be liable for any damage to person, property or business or resulting from the loss of use thereof sustained by Tenant or by any other persons due to the Building or Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Building or Property, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water, or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause. Tenant agrees that all personal property located in the Premises or upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord shall not be liable for any loss or damage thereto or theft thereof.

Appears in 1 contract

Samples: Office Lease (Endocyte Inc)

GENERAL PUBLIC LIABILITY, INDEMNIFICATION AND INSURANCE. (a) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees. Tenant shall be responsible for for, shall have the obligation to insure against and shall indemnify Landlord and hold it harmless from any and all liability for any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and property occurring in, on or about the Premises Premises, regardless of cause, including the negligence of Landlord and its employees, agents, customers and invitees, and Tenant hereby releases Landlord from any and all liability for the same. Except for the negligence or intentional misconduct of Landlord, Xxxxxxxx’s agents, servants or employees, Tenant shall insure against, and shall indemnify Landlord and hold it harmless from, any and all liability for any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. Xxxxxx’s Tenant's obligation to indemnify Landlord hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys' fees, incurred in connection therewith. (b) Tenant shallTenant, in order to enable it to meet its obligation to insure against the liabilities specified in Section 10(a) hereof, shall at all times during the Termterm of this Lease carry, carry at its own expense expense, for the protection of Tenant, Landlord and Landlord, Landlord’s 's management agent, and Landlord’s mortgageeif any, as their interests may appear, one or more policies of general public liability and property damage insurance, issued by one or more insurance companies acceptable to Landlord, covering Tenant’s use, occupancy and operations providing with minimum coverages of $1,000,000 combined single limit 300,000 for bodily injury to one person in any one accident, $500,000 for injuries to more than one person in any one accident and $100,000 in property damage per occurrence with $2,000,000 aggregate coverageaccident and insuring against any and all liability for which Tenant is responsible hereunder. Such insurance policy or policies shall name Landlord and Xxxxxxxx’s mortgagee and managing agent as additional insureds an insured and shall provide that they same may not be canceled or materially changed cancelled on less than thirty ten (3010) days prior written notice to Landlord. Tenant shall furnish Landlord with Xxxxx form a copy of all certificates evidencing such insurance. Should Tenant fail to carry such insurance and furnish Landlord with copies a copy of all such policies or certificates thereof after a request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as Additional Rent. Landlord shall have the right during the term of this Lease to adjust the minimum coverage levels stipulated above upon written notice to Tenant. Within thirty (30) days of such written notice, Tenant shall provide Landlord with evidence of such adjustment. Tenant shall also provide Landlord with certificates evidencing workers’ compensation insurance coverages. Tenant’s insurance coverages required hereby shall be deemed to be additional obligations of Tenant and shall not be a discharge or limitation of Tenant’s indemnity obligations contained in Paragraph 12(a) hereofrent. (c) Except for the negligence or intentional misconduct of Tenant or Tenant’s agents, servants or employees, Landlord shall be responsible for, shall have the obligation to insure against, and shall indemnify Tenant and hold it harmless from, from any and all liability for any loss, damage or injury to person or property occurring in, on or about the common areas and facilities for of the Building Buildings and the walks, driveways, parking lot and landscaped areas adjacent to the Building (providedBuildings, howeverregardless of cause, nothing contained herein shall release or diminish Tenant’s obligation to pay Tenant’s Proportionate Share including the negligence of Operating Expenses)Tenant and its employees, agents, customers and invitees; and Landlord hereby releases Tenant from any and all liability for the same. Xxxxxxxx’s Landlord's obligation to indemnify Tenant hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys' fees, incurred in connection therewith. (d) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord and its partners, members, shareholders, affiliates, officers, agents, servants and employees shall not be liable for any damage to person, property or business or resulting from the loss of use thereof sustained by Tenant or by any other persons due to the Building or Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Building or Property, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water, or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause. Tenant agrees that all personal property located in the Premises or upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord shall not be liable for any loss or damage thereto or theft thereof.

Appears in 1 contract

Samples: Lease (Telxon Corp)

GENERAL PUBLIC LIABILITY, INDEMNIFICATION AND INSURANCE. (a) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees. , Tenant shall be responsible for any and all liability for any lossfor, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. Except for the negligence or intentional misconduct of Landlord, Xxxxxxxx’s agents, servants or employees, Tenant shall insure against, and shall indemnify Landlord and hold it harmless from, any and all liability for any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. XxxxxxTenant’s obligation to indemnify Landlord hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys’ fees, incurred in connection therewith. (b) Tenant shall, shall at all times during the TermTerm carry, carry at its own expense expense, for the protection of Tenant, Landlord, Landlord and Landlord’s management agent, and Landlord’s mortgagee, as their interests may appear, one or more policies of general public liability and property damage insurance, issued by one or more insurance companies reasonably acceptable to Landlord, covering Tenant’s use, occupancy and operations providing minimum coverages of $1,000,000 combined single limit for bodily injury and property damage per occurrence with $2,000,000 aggregate coverage. Such insurance policy or policies shall name Landlord Landlord, its agents and Xxxxxxxx’s mortgagee and managing agent employees, as additional insureds and shall provide that they may not be canceled or materially changed on less than thirty (30) days prior written notice to Landlord. Tenant shall furnish Landlord with Xxxxx form certificates evidencing such insurance. Should Tenant fail to carry such insurance and furnish Landlord with copies of all such policies or certificates thereof within ten (10) days after a written request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as Additional Rentadditional rent. Landlord shall have the right during the term of this Lease to adjust the minimum coverage levels stipulated above upon written notice to TenantTenant provided any adjustment to minimum coverage levels is consistent with insurance required by owners of similar office properties located in the Minneapolis/St. Xxxx metropolitan area. Within thirty (30) days of such written notice, Tenant shall provide Landlord with evidence of such adjustment. Tenant shall also provide Landlord with certificates evidencing workers’ compensation insurance coveragescoverage. Tenant’s insurance coverages required hereby shall be deemed to be additional obligations of Tenant and shall not be a discharge or limitation of Tenant’s indemnity obligations contained in Paragraph 12(a13(a) hereof. (c) Except for the negligence or intentional misconduct of Tenant Tenant, or Tenant’s agents, servants or employees, Landlord shall be responsible for, shall have the obligation to insure against, and shall indemnify Tenant and hold it harmless from, any and all liability for any loss, damage or injury to person or property occurring in, on or about the common areas and facilities for the Building Project and the walks, driveways, parking lot and landscaped areas adjacent to the Building (provided, however, nothing contained herein shall release or diminish Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses), and Landlord hereby releases Tenant from any and all liability for the same. Xxxxxxxx’s obligation to indemnify Tenant hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys’ fees, incurred in connection therewithProject. (d) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord and its partners, members, shareholders, affiliates, officers, agents, servants and employees shall not be liable for any damage to person, property or business or resulting from the loss of use thereof sustained by Tenant or by any other persons due to the Building or Property Project or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Building or PropertyProject, including the Premises, or due to any act or neglect of any tenant or occupant of the Building Project or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water, moisture or the growth or occurrence of mold or mildew, or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause. Tenant agrees that all personal property located in the Premises or upon loading docks, receiving and holding areas, or freight elevators of the BuildingProject, shall be at the risk of Tenant only, and that except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord shall not be liable for any loss or damage thereto or theft thereof.

Appears in 1 contract

Samples: Lease Agreement (Vital Images Inc)

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GENERAL PUBLIC LIABILITY, INDEMNIFICATION AND INSURANCE. (a) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees. Tenant shall be responsible for any and all liability for any lossfor, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. Except for the negligence or intentional misconduct of Landlord, Xxxxxxxx’s agents, servants or employees, Tenant shall insure against, and shall indemnify Indemnify Landlord and hold it harmless from, any and all liability for any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring inIn, on or about the Premises and Tenant hereby releases Landlord from any and amid all liability for the same. Xxxxxx’s Tenant's obligation to indemnify Landlord hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys' fees, incurred in connection therewith. (b) Tenant shall, shall at all times during the TermTerm carry, carry at its own expense expense, for the protection of Tenant, Landlord and Landlord, Landlord’s 's management agent, and Landlord’s mortgagee, as their interests may appear, one or more policies of general public liability and property damage insuranceInsurance, issued by one or more insurance companies acceptable to Landlord, covering Tenant’s 's use, occupancy and operations providing minimum coverages of $1,000,000 combined single limit for bodily injury and property damage per occurrence with $2,000,000 aggregate coverage. Such insurance policy or policies shall name Landlord Landlord, its agents and Xxxxxxxx’s mortgagee and managing agent employees, as additional insureds and shall provide that they may not be canceled or materially changed on less than thirty (30) days prior written notice to Landlord. ; Tenant shall furnish Landlord with Xxxxx form certificates evidencing such insurance. Should Tenant fail to carry such insurance and furnish Landlord with copies of all such policies or certificates thereof after a request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as Additional Rentadditional rent. Landlord shall have the right during the term of this Lease to adjust the minimum coverage levels stipulated above upon written notice to Tenant. Within thirty (30) days of such written notice, Tenant shall provide Landlord with evidence of such adjustment. Tenant shall also provide Landlord with certificates evidencing workers' compensation insurance coverages. Tenant’s insurance 's Insurance coverages required hereby shall be deemed to be additional obligations of Tenant and shall not be a discharge or limitation of Tenant’s 's indemnity obligations contained in Paragraph 12(a13(a) hereof. (c) Except for the negligence or intentional misconduct of Tenant or Tenant’s agents, servants or employees, Landlord shall be responsible for, shall have the obligation to insure against, and shall indemnify Tenant and hold it harmless from, any and all liability for any loss, damage or injury to person or property occurring in, on or about the common areas and facilities for the Building and the walks, driveways, parking lot and landscaped areas adjacent to the Building (provided, however, nothing contained herein shall release or diminish Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses), and Landlord hereby releases Tenant from any and all liability for the same. Xxxxxxxx’s obligation to indemnify Tenant hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys’ fees, incurred in connection therewith. (d) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord and its beneficiaries, partners, members, shareholders, affiliates, officers, agents, servants and employees shall not be liable for any damage to person, personal property or business or resulting from the loss of use thereof sustained by Tenant or by any other persons due to the Building or Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Building or PropertyBuilding, including Including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, firetire, water, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause. Tenant agrees that all personal property located in the Premises or upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord shall not be liable for any loss or damage thereto or theft thereof.

Appears in 1 contract

Samples: Lease (Early Detect)

GENERAL PUBLIC LIABILITY, INDEMNIFICATION AND INSURANCE. (a) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees. Tenant shall be responsible for any and all liability for any lossfor, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. Except for the negligence or intentional misconduct of Landlord, Xxxxxxxx’s agents, servants or employees, Tenant shall insure against, and shall indemnify Landlord and hold it harmless from, any and all liability for any loss, damage or injury to person or property, arising out of use, occupancy or operations of Tenant and occurring in, on or about the Premises and Tenant hereby releases Landlord from any and all liability for the same. Xxxxxx’s Tenant's obligation to indemnify Landlord hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys' fees, incurred in connection therewith. (b) Tenant shall, shall at all times during the TermTerm carry, carry at its own expense expense, for the protection of Tenant, Landlord and Landlord, Landlord’s 's management agent, and Landlord’s mortgagee, as their interests may appear, one or more policies of general public liability and property damage insurance, issued by one or more insurance companies acceptable to Landlord, covering Tenant’s 's use, occupancy and operations providing minimum coverages of $1,000,000 combined single limit for bodily injury and property damage per occurrence with $2,000,000 aggregate coverage. Such insurance policy or policies shall name Landlord Landlord, its agents and Xxxxxxxx’s mortgagee and managing agent employees, as additional insureds and shall provide that they may not be canceled or materially changed on less than thirty (30) days prior written notice to Landlord. Tenant shall furnish Landlord with Xxxxx form certificates evidencing such insurance. Should Tenant fail to carry such insurance and furnish Landlord with copies of all such policies or certificates thereof after a request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as Additional Rentadditional rent. Landlord shall have the right during the term of this Lease to adjust the minimum coverage levels stipulated above upon written notice to Tenant. Within thirty (30) days of such written notice, Tenant shall provide Landlord with evidence of such adjustment. Tenant shall also provide Landlord with certificates evidencing workers' compensation insurance coverages. Tenant’s 's insurance coverages required hereby shall be deemed to be additional obligations of Tenant and shall not be a discharge or limitation of Tenant’s 's indemnity obligations contained in Paragraph 12(a) hereof. (c) Except for the negligence or intentional misconduct of Tenant or Tenant’s agents, servants or employees, Landlord shall be responsible for, shall have the obligation to insure against, and shall indemnify Tenant and hold it harmless from, any and all liability for any loss, damage or injury to person or property occurring in, on or about the common areas and facilities for the Building Project and the walks, driveways, parking lot and landscaped areas adjacent to the Building (provided, however, nothing contained herein shall release or diminish Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses), and Landlord hereby releases Tenant from any and all liability for the same. Xxxxxxxx’s obligation to indemnify Tenant hereunder shall include the duty to defend against any claims asserted by reason of such loss, damage or injury and to pay any judgments, settlements, costs, fees and expenses, including attorneys’ fees, incurred in connection therewithProject. (d) Except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord and its partners, members, shareholders, affiliates, officers, agents, servants and employees shall not be liable for any damage to person, property or business or resulting from the loss of use thereof sustained by Tenant or by any other persons due to the Building or Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Building or Property, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water, or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause. Tenant agrees that all personal property located in the Premises or upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that except for the gross negligence or intentional misconduct of Landlord, Landlord’s agents, servants or employees, Landlord shall not be liable for any loss or damage thereto or theft thereof.to

Appears in 1 contract

Samples: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)

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